# Maryland Dep a rtm e nt of the E nviro n m e nt

February 17, 2016

Mr. Shawn M. Garvin Re g ional Administrator U.S. EPA Re g ion 3 

### 1650 Arch Street, 16 1 h 

### Floo r , 3RAOO Ph i ladelphia, PA 19103-2029

### SIMw~~•" Dear

# Mr.~ L a rry Hogan Go ve rnor Boyd Ruth effo rd Li e u te n an t Go ve rnor B e n Grumbles Se c ret a ry



### The Maryland Department of the Environment (MOE, or the Department) is formally submittin g the attached document, the Maryland State Implementat i on Plan (SIP) for Clean Air Act Section 128 for all Nat i onal Amb i ent Air Quality Standards, SIP # 1 6-03. MDE certifies that ident i cal electron i c and hard copies of this SIP are enclosed. The Department is also providin g documen ta tion of its compl ia nce with the r equ ir ement to offer a th ir ty-day comment period on th i s Clean Air Act Sect i o n 128 subm i ttal. No comment s w e re received. A pub li c hearin g for this SIP was held i n Baltimore, Maryland on Febru a ry l, 2016. All required adm i nistrative procedu r es were followed throu g hout the hea r in g process.
If you have any questions about this SIP submittal, pl e as e cont a ct me or Mr. Geor g e (Tad) S. Abum, Jr., D i rector o f the Air and R a diation Mana g ement Administ ra tion, at 410-537-32 5 5, or by e-mail at g e orge. a bu m@ m ar ylan d .gov.

Ben Grumbles Secretary
Enclosure

cc: Dave Arnold, Actin g Dir ec tor, A i r Protect i on Div i s i on, US E. PA Re g ion III G e or g e (Tad) Aburn, Jr., Director, Air and Rad i at i o n Mana g ement Administration Br i an Hu g , Actin g , Pro g ram Mana g er, Air Quality Plann i n g

1 800**;l nn9t** **o.n** Boulev a r d ' B <1 l t m ore MD 2 1230 I 1
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- 63 3

- 6101 I**410 000**  I TTY U se rs H l 00
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## MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard  Baltimore MD 21230 410-537-3000  1-800-633-6101

Larry Hogan Governor Boyd Rutherford Lieutenant Governor Ben Grumbles Secret ar y


# Maryland State Implementation Plan for Clean Air Act Section 128 for all National Ambient Air Quality Standards Prepared for: U.S. Environmental Protection Agency
SIP # 16-03 February 1, 2016 Prepared by: Maryland Department of the Environment

## This Page Left Intentionally Blank

### 3 

## TABLE OF CONTENTS

Background _________________________________________________________________________ 4 Clean Air Act § 128, State Boards _______________________________________________________ 5

### 4 

## MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard  Baltimore MD 21230

410-537-3000  1-800-633-6101  www.mde.maryland.gov

MARYLAND CLEAN AI R ACT SECTION 128


## Background
A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and maintain the primary and secondary Nationa l Ambient Air Quality Standards (NAAQS). The SIP contains regulations, s ource-specific requirements, non-regulatory items such as plans and inventories, and other types of submittals designed to satisfy requirements promulgated by the U.S. Environmental Protection Agency (EPA). The initial SIPs for states were approved on May 31, 1972. SIPs may be revised by the state with EPA approval. The federally enforceable SIP for the State of Maryland is co mpiled under 40 CFR Part 52 Subpart V. This document updates the Maryland Code statut ory citations addressing Clean Air Act Section 128 for all NAAQS. This submittal addresses Maryland's obligations under §128 for all NAAQS. Larry Hogan Governor Boyd Rutherford Lieutenant Governor Ben Grumbles Secretary

### 5 

## Clean Air Act § 128, State Boards § 128. State boards (a) 1,2 

### Not later than the date one year after A ugust 7, 1977, each applicable implementation plan shall contain requirements that— (1) any board or body which approves permits or enforcement orders unde r this chapter shall have at least a majority of members who repr esent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders under this chapter, and (2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar pow ers be adequately disclosed. A State may adopt any requirements respecting conflic ts of interest for such boards or bodies or heads of executive agencies, or any other entities which are more stringent than the requirements of paragraph (1) and (2), and the Administra tor shall approve any such more stringent requirements submitted as part of an implementation plan. (July 14, 1955, ch. 360, title I, § 128, as a dded Pub. L. 95–95, title I, § 125, Aug. 7, 1977, 91 Stat. 725.) EFFECTIVE DATE Section effective Aug. 7, 1977, ex cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.)

_______________________________________ 1 

### So in original. Probably should be ‘‘calendar year’’. 2 

### So in original. Section enact ed without a subsec. (b).

 Maryland does not have any board or body which approves air quality permits or enforcement orders; these are the sole respons ibility of the Maryland Department of the Environment, except in the case of Certifi cates of Public Convenience and Necessity (CPCN). These are the pre-construction permits for utility installations which are issued by the Maryland Public Service Commission, an independent agency of the State.

 The Annotated Code of Maryland provisions below address the requirements of CAA § 128, the disclosure of potential c onflicts of interest of the ag ency heads of the Maryland Department of the Environment and the Maryland Public Service Commission. These officials may issue permits and/or enforcement orders. Note that these provisions address CAA § 128 for all of the NAAQS.

### 14



# The text below addresses the requirements of Section 128 of the Clean Air Act for all N ational Ambient Air Quality Standards (NAAQS).HomeTable of Contents
§ 5-101. Definitions West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

In general (a) In this title the following words have the meanings indicated unless:

(1) the context clearly requires a different meaning; or (2) a different definition is adopted for a particular provision.

Business entity (e) “ B usiness entity” means a person engaged in business, whether profit or nonprofit, regardless of form. Compensation (f) “Compensation” means money or any other valuable thing, regardless of form, received or to be received by a person from an employer for services rendered. Employee (g)(1) “Employee” means an individual who is employed: (i) by an executive unit; (ii) by the Legislative Branch; or (iii) in the Judicial Branch. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 1. Definitions; General Provisions (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-101 Formerly cited as MD CODE, SG, § 15-102 § 5-101. Definitions

Currentness



### https://govt.westlaw.com/mdc/Document/NE E66C8300B7511E48A50879307049736?viewType=FullText&ori...(2) “Employee” does not include: (i) a public official; or (ii) a State official.

Entity (i) “Entity” means:

(1) a person; or (2) a government or instrumentality of government. Entity doing business with the State (j) “Entity doing business with the State” means:

(1) a regulated lobbyist; (2) an entity regulated by the executive unit of the applicable official or employee; or (3) an entity that is a party to one or a combination of sales, purchases, leases, or contracts to, from, or with the State, or any unit of the State, involving consideration:

(i) of at least $5,000 on a cumulative basis during the calendar year for which a statement required by Subtitle 6 of this titl e is filed, regardless of when the consideration is to be paid; and (ii) which shall include, as of the award or execution of a co ntract or lease, the total consideration committed to be paid und er the contract or lease, to the extent ascertainable when awarded or executed, regardless of the period over which payments are to be made.

Executive unit (m)(1) “Executive unit” means a department, agency, commission, board, council, or other body of State government that: (i) is established by law; and (ii) is not in the Legislative Branch or the Judicial Branch of State government. (2) “Executive unit” includes:

(i) a county health department unless the officials and employees of the department are expressly designated as local officials in § 5-8 01 of this title; (ii) the office of the sheriff in each county; (iii) the office of the State's Attorney in each county; and (iv) the Liquor Control Board for Somerset County. Financial interest (n) “Financial interest” means:

(1) ownership of an interest as the result of which the owner has received within the past 3 years, is currently receiving, or in the future is entitled to receive, more than $1,000 per year; or (2)(i) ownership of more than 3% of a business entity by:
1. an official;
2. an e mployee; or


### https://govt.westlaw.com/mdc/Document/NE E66C8300B7511E48A50879307049736?viewType=FullText&ori...3. the spouse of an official or employee; or (ii) ownership of securities of any kind that represent, or are convertible into, ownership of more than 3% of a business entit y by:

1. an official;
2. an employee; or 3. the spouse of an official or employee.

Gift (p)(1) “Gift” means the transfer of anything of economic value, regardless of form, without adequate and lawful consideration.

(2) “Gift” does not include the solicitation, acceptance, receip t, or regulation of a political contribution that is regulated in accordance with:

(i) the Election Law Article; or (ii) any other State law regulating:

1. the conduct of elections; or 2. the receipt of political contributions.

Immediate family (s) “Im media te family” means an individual's spouse and dependent children.
Interest (t)(1) “Interest” means a legal or equitable economic interest that is owned or held wholly or partly, jointly or severally, or directly or indirectly, whether or not the economic interest is subject to an encumbrance or condition.

(2) “Interest” does not include:

(i) an interest held in the capacity of agent, custodian, fiduc iary, personal representative, or trustee, unless the holder has an equitable interest in the subject matter; (ii) an interest in a time or demand deposit in a financial institution; (iii) an interest in an insurance policy, endowment policy, or annuity contract under which an insurer promises to pay a fixed amount of money in a lump sum or periodically for life or a specified period; (iv) a common trust fund or a trust that forms part of a pension or a profit-sharing plan that:

1. has more than 25 participants; and 2. is determined by the Internal Revenue Service to be a qualified trust under the Internal Revenue Code or a qualified tuition plan established pursuant to Section 529 of the Internal Revenue Code; or (v) a mutual fund that is publicly traded on a national scale unless the mutual fund is composed primarily of holdings of stock s and interests in a specific sector or area that is regulated by the individual's governmental unit.



### https://govt.westlaw.com/mdc/Document/NE E66C8300B7511E48A50879307049736?viewType=FullText&ori...Official (bb) “Official” means either a Stat e official or a public official.



### https://govt.westlaw.com/mdc/Document/NE E66C8300B7511E48A50879307049736?viewType=FullText&ori...© 2015 Thomson Reuters Public official (ff) “Public official” means an individual determined to be a public official under § 5-103 of this subtitle. Qualifying relative (gg) “Qualifying relative” means a spouse, parent, child, brother, or sister.

State official (ll) “State official” means:

(1) a constitutional officer or officer-elect in an executive unit; (2) a member or member-elect of the General Assembly; (3) a judge or judge-elect of a court under Article IV, § 1 of the Maryland Constitution; (4) a judicial appointee as defined in Maryland Rule 16-814; (5) a State's Attorney; (6) a clerk of the circuit court; (7) a register of wills; or (8) a sheriff.

Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-101, MD GEN PROVIS § 5-101 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works.



### https://govt.westlaw.com/mdc/Document/NE E66C8300B7511E48A50879307049736?viewType=FullText&ori...HomeTable of Contents
§ 5-103. Designation of individuals as public officials West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

In general (a) The determination of whether an individual is a public official for the purposes of this title shall be made in accordance with this section. Public officials of executive units (b) Except as provided in subsection (f) of this section, t he following individuals in executive units are public officials:

(1) an individual who receives compensation at a rate equivalent to at least State grade level 16, or who is appointed to a boa rd, if the Ethics Commission determines under § 5-208 of this title that:

(i) the individual, acting alone or as a member of an executiv e unit, has decision-making authority or acts as a principal advi sor to an individual with decision-making authority:

1. in making State policy in an executive unit; or 2. in exercising quasi-judicial, regulatory, licensing, inspecting, or auditing functions; and (ii) the individual's duties are not ess entially administrative and ministerial; (2) any other individual in an executive unit if the Ethics Co mmission determines that the individual, acting alone or as a mem ber of the executive unit, has decision-making authority or acts as a principal advisor to an individual with decision-making authorit y in drafting specifications for, negotiating, or executing contracts that commit the State or an executive unit to spend more than $10,000 in a year; (3) a member, appointee, or employee of the Maryland Stadium Authority; (4) a member, appointee, or employee of the Canal Place Preservation and Development Authority; and (5) a member of the Emergency Medical Services Board. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 1. Definitions; General Provisions (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-103 Formerly cited as MD CODE, SG, § 15-103 § 5-103. Designation of individuals as public officials

Currentness



### https://govt.westlaw.com/mdc/Document/NE F1FB7F00B7511E48A50879307049736?viewType=FullText&ori...© 2015 Thomson Reuters Exceptions (f) The following are not public officials:

(1) a State official; (2) an individual employed on a contra ctual basis unless the individual is:

(i) employed on a full-time basis for more than 6 months; and (ii) designated as a public official under subsection (b)(1) or (c) of this section; and (3) a part-time or full-time faculty member at a State institution of higher education:

(i) as to subsection (b)(2) of this section, only when t he individual is acting in the capacity of a faculty member; and (ii) as to any other provision of this section, unless the individual also:

1. is employed in another position that causes the i ndividual to be designated as a public official; or 2. directly procures, directly influences, or otherwise directly affects the formation or execution of any State contract, purc hase, or sale, as established by regulations adopted by the Ethics Commission and approved by the Joint Committee on Administrative, Executive, and Legislative Review.

Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-103, MD GEN PROVIS § 5-103 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works.



### https://govt.westlaw.com/mdc/Document/NE F1FB7F00B7511E48A50879307049736?viewType=FullText&ori...© 2015 Thomson Reuters HomeTable of Contents
§ 5-208. Determination of public official in executive agency West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

Determination of Ethics Commission (a) With advice from the Secretary of Budget and Management and in accordance with § 5-103 of this title, the Ethics Commission shall determine whether an individual in an executive uni t is a public official for the purposes of this title.

Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-208, MD GEN PROVIS § 5-208 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 2. State Ethics Commission (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-208 Formerly cited as MD CODE, SG, § 15-208 § 5-208. Determination of public official in executive agency

Currentness



### https://govt.westlaw.com/mdc/Document/N5941ABC10B7611E4BEF0CA9EE5544886? viewType=FullText&o...HomeTable of Contents
§ 5-501. Restrictions on participation West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

In general (a) Except as otherwise provided in subsection (c) of this section, an official or employee may not participate in a matter if:

(1) the official or employee or a qualifying relative of the of ficial or employee has an interest in the matter and the officia l or employee knows of the interest; or (2) any of the following is a party to the matter:

(i) a business entity in which the official or employee has a di rect financial interest of which the official or employee reaso nably may be expected to know; (ii) a business entity, including a limited liability company or a limited liability partnership, of which any of the following is an officer, a director, a trustee, a partner, or an employee:

1. the official or employee; or 2. if known to the official or employee, a qu alifying relative of the official or employee; (iii) a business entity with which any of the following has applied for a position, is negotiating employment, or has arranged prospective employment:

1. the official or employee; or 2. if known to the official or employee, a qu alifying relative of the official or employee; (iv) if the contract reasonably could be expected to result in a conflict between the private interest and the official State d uties of the official or employee, a business entity that is a party to a contract with:

1. the official or employee; or
2. if known to the official or employee, a qu alifying relative of the official or employee; (v) a business entity, either engaged in a transaction with the St ate or subject to regulation by the official's or employee's governmental unit, in which a direct financial interest is owned by another business entity if the official or employee:

1. has a direct financial interest in the other business entity; and
2. reasonably may be expected to know of both financial interests; or (vi) a business entity that:

1. the official or employee knows is a creditor or an obligee of the official or employee, or of a qualifying relative of the o fficial or employee, with respect to a thing of economic value; and 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 5. Conflicts of Interest (Refs & Annos)

Part I. General Provisions (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-501 Formerly cited as MD CODE, SG, § 15-501 § 5-501. Restrictions on participation

Currentness



### https://govt.westlaw.com/mdc/Document/N000F 58D00B8111E4BEF0CA9EE5544886?viewType=FullText&or...© 2015 Thomson Reuters 2. as a creditor or an obligee, is in a position to affect direct ly and substantially the interest of the official, employee, o r qualifying relative.

Participation notwithstanding conflict (c) An off i cial or employee who otherwise would be disqualified from participation under subsection (a) of this section shall d isclose the nature and circumstances of the conflict, and may participate or act, if:

(1) the disqualification would leave a body with less than a quorum capable of acting; (2) the disqualified official or employee is required by law to act; or (3) the disqualified official or employee is the only individual authorized to act.

Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-501, MD GEN PROVIS § 5-501 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works.



### https://govt.westlaw.com/mdc/Document/N000F 58D00B8111E4BEF0CA9EE5544886?viewType=FullText&or...© 2015 Thomson Reuters HomeTable of Contents
§ 5-601. Individuals required to file statement West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

Officials and candidates (a) Except as provided in subsections (b) and (c) of this section, and subject to subsections (d) and (e) of this section, each official and candidate for office as a State official shall file a statement as specified in §§ 5-602 through 5-608 of this subtitle.

Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-601, MD GEN PROVIS § 5-601 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 6. Financial Disclosure (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-601 Formerly cited as MD CODE, SG, § 15-601 § 5-601. Individuals required to file statement

Currentness



### https://govt.westlaw.com/mdc/D ocument/N09402EA00B8311E49A5BE09F6D 66AA5C?viewType=FullText&...HomeTable of Contents
§ 5-602. Financial disclosure statement--Filing requirements West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

In general (a) Except as otherwise provided in this subtitle, a statement filed under § 5-601, § 5-603, § 5-604, or § 5-605 of this subtit le shall:

(1) be filed electronically with the Ethics Commission; (2) be filed under oath; (3) be filed on or before April 30 of each year; (4) cover the calendar year immediately preceding the year of filing; and (5) contain the information required in § 5-607 of this subtitle. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 6. Financial Disclosure (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-602 Formerly cited as MD CODE, SG, § 15-602 § 5-602. Financial disclosure statement--Filing requirements

Currentness



### https://govt.westlaw.com/mdc/Document/N09693A 700B8311E49A5BE09F6D66AA5C?viewType=FullText&o...© 2015 Thomson Reuters Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2014, c. 32, § 1, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-602, MD GEN PROVIS § 5-602 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works.



### https://govt.westlaw.com/mdc/Document/N09693A 700B8311E49A5BE09F6D66AA5C?viewType=FullText&o...© 2015 Thomson Reuters HomeTable of Contents
§ 5-606. Public records West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

Access to statements (a)(1) The Ethics Commission and the Joint Ethics Committee shall maintain the statements submitted under this subtitle and, du ring normal office hours, make the statements available to the public for examination and copying.

(2) The Ethics Commission and the Joint Ethics Committee may char ge a reasonable fee and adopt administrative procedures for the examination and copying of a statement.

Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-606, MD GEN PROVIS § 5-606 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 6. Financial Disclosure (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-606 Formerly cited as MD CODE, SG, § 15-606 § 5-606. Public records

Currentness



### https://govt.westlaw.com/mdc/D ocument/N0B4303800B8311E49A5BE09F6D 66AA5C?viewType=FullText&o...HomeTable of Contents
§ 5-607. Content of statements West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

In general (a) A statement that is required under § 5-601(a) of this subtitle shall contain schedules disclosing the information and inter ests specified in this section, if known, for the individual making the statement for the applicable period. Interests in real property (b)(1) The statement shall include a schedule of each interest in real property, wherever located, including each interest held in the name of a partnership, limited liability partnership, or limit ed liability company in which the individual held an interest.

(2) For each interest reported, the schedule shall include:

(i) the nature of the property; (ii) the street address, mailing address, or legal description of the property; (iii) the nature and extent of the interest in the property, including any conditions to and encumbrances on the interest; (iv) the date and manner in which the interest was acquired; (v) the identity of the entity from which the interest was acquired; (vi) if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; (vii) if the interest was acquired in any other manner, the fair market value of the interest when acquired; (viii) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred; 2. the nature and amount of the consideration received for the interest; and 3. the identity of the entity to which the interest was transferred; and (ix) the identity of any other entity with an interest in the property. Interests in corporat ions and partnerships (c)(1) The statement shall include a schedule of each interest held by the individual in a corporation, partnership, limited li ability partnership, or limited liability company, whether or not the corporation, partnershi p, limited liability partnership, or limit ed liability company does business with the State.

(2) For each interest reported, the schedule shall include:

(i) the name and address of the principal o ffice of the corporation, partnership, limited liability partnership, or limited lia bility company; 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 6. Financial Disclosure (Refs & Annos) Effective: October 1, 2014 MD Code, General Pr ovisions, § 5-607 Formerly cited as MD CODE, SG, § 15-607 § 5-607. Content of statements

Currentness



### https://govt.westlaw.com/mdc/Document/N0BFB 57000B8311E49A5BE09F6D66AA5C?viewType=FullText&...(ii) subject to paragraph (3) of this subsection, the nature an d amount of the interest held, including any conditions to and encumbrances on the interest; (iii) except as provided in paragraph (4) of this subsecti on, if any interest was acquired during the applicable period:

1. the date and manner in which the interest was acquired; 2. the identity of the entity from which the interest was acquired; 3. if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and 4. if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and (iv) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred; 2. the nature and amount of the consideration received for the interest; and 3. if known, the identity of the entity to which the interest was transferred. (3)(i) As to an equity interest in a corporation, the individual may satisfy paragraph (2)(ii) of this subsection by reporting, instead of a dollar amount: 1. the number of shares held; and 2. unless the corporation's stock is publicly traded, the percentage of equity interest held. (ii) As to an equity interest in a partnership, limited liability partnership, or limited liability company, the individual may satisfy paragraph (2)(ii) of this subsection by reporting, instead of a dollar amount, the percentage of equity interest held. (4) If an interest acquired during the applicable reporting period consists of additions to existing publicly traded corporate interests acquired by dividend or dividend reinvestment, and the total value of the acquisition is less than $500, only the manner of acquisition is required to be disclosed under paragraph (2)(iii) of this subsection. Interests in business entities doing business with State (d)(1) The statement shall include a schedule of each interest in a business entity doing business with the State, other than i nterests reported under subsection (c) of this section.

(2) For each interest reported, the schedule shall include:

(i) the name and address of the principal office of the business entity; (ii) the nature and amount of the interest held, including any conditions to and encumbrances on the interest; (iii) if any interest was acquired during the applicable period:

1. the date and manner in which the interest was acquired; 2. the identity of the entity from which the interest was acquired; 3. if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and 4. if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and (iv) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred; 2. the nature and amount of the consideration received for the interest; and 3. the identity of the entity to which the interest was transferred. Gifts (e)(1) This subsection does not apply to a gift received from a member of the immediate family, another child, or a parent of t he individual.

(2) The statement shall include a schedule of each gift, specified in paragraph (3) of this subsection, received during the app licable period:

(i) by the individual or by another entity at the direction of the individual; and (ii) directly or indirectly, from or on behalf of an entity that is:


### https://govt.westlaw.com/mdc/Document/N0BFB 57000B8311E49A5BE09F6D66AA5C?viewType=FullText&...1. a regulated lobbyist; 2. regulated by the State; or 3. otherwise an entity doing business with the State. (3)(i) Except as provided in subparagraph (ii) of this paragraph, the schedule shall include each gift with a value of more tha n $20 and each of two or more gifts with a cumulative value of $100 or more received from one entity during the applicable period.

(ii) The statement need not include as a gift:

1. food or beverages received and consumed by an official of the Legislative Branch in the presence of the donor or sponsoring entity as part of a meal or reception to which all members of a legislative unit were invited;
2. food or beverages received by a member of the General Assembly at the time and geographic location of a meeting of a legislative organization for which the member's presiding officer has approved the member's attendance at State expense; or 3. except as provided in subparagraph (iii) of this paragraph, a ticket or free admission extended to a member of the General Assembly by the person sponsoring or conducting the event as a courtesy or ceremony to the office to attend a charitable, cultural, or political event to which all members of a legislative unit were invited. (iii) The statement shall include the acceptance of each of two or more tickets or free admissions, extended to a member of the General Assembly by the person sponsoring or conducting the event , with a cumulative value of $100 or more received from one entity during the applicable period. (4) For each gift subject to this subsection, the schedule shall include:

(i) the nature and value of the gift; and (ii) the identity of the entity from which the gift was received, whether directly or indirectly. (5) This subsection does not authorize acceptance of a gift not otherwise allowed by law. Employment by or interests in business entities doing business with State (f)(1) The statement shall include, as specified in this subsec tion, a schedule of all offices, directorships, and salaried emp loyment, or any similar interest not otherwise disclosed, in business entities doing business with the State.

(2) This subsection applies to positions and interests held at any time during the applicable period by:

(i) the individual; or (ii) any member of the individual's immediate family. (3) For each position or interest reported, this schedule shall include:

(i) the name and address of the principal office of the business entity; (ii) the nature of the position or interest and the date it commenced; (iii) the name of each governmental unit with which the entity is doing business; and (iv) the nature of the business with the State, which, at a minimum, shall be specified by reference to the applicable criteria of doing business described in § 5-101(j) of this title. Indebtedness to entity doing business with State (g)(1) The statement shall include a schedule, to the extent th e individual may reasonably be expected to know, of each debt, excluding retail credit accounts, owed at any time during the applicable period to entities doing business with the State: (i) by the individual; and (ii) if the individual was involved in the transaction giving rise to the debt, by any member of the immediate family of the individual. (2) For each debt, the schedule shall include:

(i) the identity of the entity to which the debt was owed; (ii) the date it was incurred; (iii) the amount owed at the end of the applicable period; (iv) the terms of payment;



### https://govt.westlaw.com/mdc/Document/N0BFB 57000B8311E49A5BE09F6D66AA5C?viewType=FullText&...© 2015 Thomson Reuters (v) the extent to which the principal was increased or decreased during the applicable period; and (vi) any security given. Family members employed by State (h) The statement shall include a schedule listing the members of the immediate family of the individual who were employed by t he State in any capacity at any time during the applicable period. Sources of earned income (i)(1) Except as provided in paragraph (2) of this subsection, the statement shall include a schedule listing the name and addr ess of each: (i) place of salaried employment, including secondary employment, of the individual or a member of the individual's immediate family at any time during the applicable period; and (ii) business entity of which the individual or a member of the individual's immediate family was a sole or partial owner, and from which the individual or family member received earned income, at any time during the applicable period. (2) The statement may not include a listing of a minor child's employment or business entities of which the child is sole or pa rtial owner, unless the place of employment or the business entity:

(i) is subject to the regulation or authority of the agency that employs the individual; or (ii) has contracts in excess of $10,000 with the agency that employs the individual. Additional information (j) The statement may include a schedule listing additional intere sts or information that the individual chooses to disclose.

Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-607, MD GEN PROVIS § 5-607 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works.



### https://govt.westlaw.com/mdc/Document/N0BFB 57000B8311E49A5BE09F6D66AA5C?viewType=FullText&...HomeTable of Contents
§ 5-608. Interests attributable to individual filing statement West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

Interests attributable (a) The following are deemed to be interests of the individual under § 5-607(b), (c), and (d) of this subtitle:

(1) an interest held by a spouse or child of the individual, if the interest was controlled, directly or indirectly, by the ind ividual at any time during the applicable period; (2) an interest held by a business entity in which the individual held a 30% or greater interest at any time during the applica ble period; and (3) an interest held by a trust or an estate in which, at any time during the applicable period, the individual:

(i) held a reversionary interest; (ii) was a beneficiary; or (iii) if a revocable trust, was a settlor. Effect on other disclosure requirements (b) Subsection (a)(2) of this section does not affect:

(1) the requirement under § 5-607(b) of this subtitle of disclosure of real estate interests held in the name of a partnership, limited liability partnership, or limited liability company in which the individual holds an interest; or (2) the requirement u nder § 5-607(c) of this subtitle of disclosure of a ll partnerships, limited liability partnerships, or lim ited liability companies in which the individual holds an interest. Blind trusts (c) For the purposes of § 5-607 of this subtitle, interests held by a blind trust may not be considered to be interests of the person making the statement if the blind trust is approved by the Ethics Commission in accordance with regulations adopted under § 5-5 01 (b) or § 5-502(c) of this title and is operated in compliance with those regulations. Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-608, MD GEN PROVIS § 5-608 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 6. Financial Disclosure (Refs & Annos) Effective: October 1, 2014 MD Code, General Pr ovisions, § 5-608 Formerly cited as MD CODE, SG, § 15-608 § 5-608. Interests attributable to individual filing statement

Currentness



### https://govt.westlaw.com/mdc/Document/N0CDBF 3010B8311E49A5BE09F6D66AA5C?viewType=FullText&...

## MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard  Baltimore MD 21230 410-537-3000  1-800-633-6101

Larry Hogan Governor Boyd Rutherford Lieutenant Governor Ben Grumbles Secretary



# Maryland State Implementation Plan for Clean Air Act Section 128 for all National Ambient Air Quality Standards Prepared for: U.S. Environmental Protection Agency
SIP # 16-03 February 1, 2016 Prepared by: Maryland Department of the Environment REDACTED COPY

## This Page Left Intentionally Blank

### 3 

## TABLE OF CONTENTS

Background _________________________________________________________________________ 4 Clean Air Act § 128, State Boards _______________________________________________________ 5

### 4 

## MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard  Baltimore MD 21230

410-537-3000  1-800-633-6101  www.mde.maryland.gov

MARYLAND CLEAN AI R ACT SECTION 128


## Background
A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and maintain the primary and secondary Nationa l Ambient Air Quality Standards (NAAQS). The SIP contains regulations, s ource-specific requirements, non-regulatory items such as plans and inventories, and other types of submittals designed to satisfy requirements promulgated by the U.S. Environmental Protection Agency (EPA). The initial SIPs for states were approved on May 31, 1972. SIPs may be revised by the state with EPA approval. The federally enforceable SIP for the State of Maryland is co mpiled under 40 CFR Part 52 Subpart V. This document updates the Maryland Code statut ory citations addressing Clean Air Act Section 128 for all NAAQS. This submittal addresses Maryland's obligations under §128 for all NAAQS. Larry Hogan Governor Boyd Rutherford Lieutenant Governor Ben Grumbles Secretary

### 5 

## Clean Air Act § 128, State Boards § 128. State boards (a) 1,2 

### Not later than the date one year after A ugust 7, 1977, each applicable implementation plan shall contain requirements that— (1) any board or body which approves permits or enforcement orders unde r this chapter shall have at least a majority of members who repr esent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders under this chapter, and (2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar pow ers be adequately disclosed. A State may adopt any requirements respecting conflic ts of interest for such boards or bodies or heads of executive agencies, or any other entities which are more stringent than the requirements of paragraph (1) and (2), and the Administra tor shall approve any such more stringent requirements submitted as part of an implementation plan. (July 14, 1955, ch. 360, title I, § 128, as a dded Pub. L. 95–95, title I, § 125, Aug. 7, 1977, 91 Stat. 725.) EFFECTIVE DATE Section effective Aug. 7, 1977, ex cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.)

_______________________________________ 1 

### So in original. Probably should be ‘‘calendar year’’. 2 

### So in original. Section enact ed without a subsec. (b).

 Maryland does not have any board or body which approves air quality permits or enforcem ent orders; these are the sole respons ibility of the Maryland Department of the Environment, except in the case of Certifi cates of Public Convenience and Necessity (CPCN). These are the pre-construction permits for utility installations which are issued by the Maryland Public Service Commission, an independent agency of the State.

 The Annotated Code of Maryland provisions below address the requirements of CAA § 128, the disclosure of potential c onflicts of interest of the ag ency heads of the Maryland Department of the Environment and the Maryland Public Service Commission. These officials may issue permits and/or enforcement orders. Note that these provisions address CAA § 128 for all of the NAAQS.

### 6 Overview: EPA approved the struck-out text below in Maryland SIP # 13-03B, on December 6, 2013, 78 Fed. Reg. 73442. The Maryland General Assembly ha s since revised the c ited excerpts of the Public Ethics portion of the Maryland Code mo ving it to a new article within the Code and making minor wording changes. Accordingly, to meet the requirements of Section 128 of the Clean Air Act, Maryland requests replacement of the struck-out text below with the text that follows it, starting on page 15. Note that the re placement text includes add itional sections of the Maryland Code that Maryland has just identified as being needed in the SIP to comply with the requirements of Section 128.

State Government Article (2012), Annotated Code of Maryland
STATE GOVERNMENT TITLE 15. PUBLIC ETHICS SUBTITLE 1. FINDINGS; DEFINITIONS; GENERAL PROVISIONS

§ 15
- 102. Definitions (a) In general.

-- In this title the following words have the meanings indicated unless: (1) the context clearly requires a different meaning; or (2) a different definition is adopted for a particular provision.

... (bb) Official.

-- "Official" means either a State official or a public official.

... (ff) Public official.

-- "Public official" means an individ ual determined to be a public official in or pursuant to § 15

- 103 of this subtitle.

... (ll) State official.

-- "State official" means:

(1) a constitutional officer or officer

- elect in an executive unit; (2) a member or member

- elect of the General Assemb ly; (3) a judge or judge

- elect of a court under Article IV, § 1 of the Constitution; (4) a judicial appointee as defined in Maryland Rule 16

- 814; (5) a State's Attorney; (6) a clerk of the circuit court; (7) a register of wills; or

### 7 (8) a sheriff. ( Subsections of Sec. 1 5

- 102 not included above are not part of this plan. )

State Government Article § 15
- 103 (2012), Annotated Code of Maryland § 15
- 103. Designation of individuals as public officials

(a) Generally.

-- The determination of whether an individual is a "public official" for the purposes of this title shall be made in accordance with the provisions of this section.

(b) Public officials of executive units.

-- Except as provided in subse ction (f) of this section, the following individuals in executive units are public officials: (1) an individual who receives compensation at a rate e quivalent to at least State grade level 16, or who is appointed to a board, if the Ethics Commission deter mines under § 15

- 208 of this title that: (i) the individual, acting alone or as a member of an executive unit, has decision making authority or acts as a principal advisor to one with that authority: 1. in making State policy in an executive unit; or
2. in exercising quasi

- judicial, regulatory, licensing, inspecting, or auditing functions; and (ii) the individual's duties are not essentially administrative and ministerial; (2) any other individual in an executive unit, if the Ethics Commission determin es that the individual, acting alone or as a member of the executive un it, has decision making aut hority or acts as a principal advisor to one with t hat authority in drafting specificati ons for, negotiating, or executing contracts that commit the State or an executive unit to spend more than $ 10,000 in a year; (3) a member, appointee, or employee of the Maryland Stadium Authority; (4) a member, appointee, or employee of the Canal Place Preservation and Development Authority; and (5) a member of the Emer gency Medical Services Board.

... (f) Exceptions.

-- The following are not public officials:

(1) a State official; (2) an individual employed on a contractual basis unless the individual is: (i) employed on a full

- time basis for more than 6 months; and (ii) designated pursuant to subsecti on (b)(1) or (c) of this section; and

### 8 (3) a part

- time or full

- time faculty member at a State institution of higher education: (i) as to subsection (b)(2) of this section, only when the individual is acting in the capacity of a faculty member; and (ii) as to any other provision of this section, unless the individual also:

1. is employed in another position that causes the individual to be designated as a public official;
or 2. directly procures, directly influenc es, or otherwise directly affects the formation or execution of any State contract, purchase, or sale, as established by regulations adopted by the Ethics Commission and approved by the Joint Committee on Administrative, Executive, and Legislative Review. (Subsections of Sec. 15

- 103 not included above are not part of this plan.)

State Government Article (2012), Annotated Code of Maryland

STATE GOVERNMENT TITLE 15. PUBLIC ETHICS SUBTITLE 6. FINANCIAL DISCLOSURE § 15
- 601. Individuals required to file statement

(a) Officials and candidates.

-- Except as provided in subsections (b ) and (c) of this section, and subject to subsections (d) and (e) of this section, each official and candidate for office as a State o fficial shall file a statement as specified in §§ 15

- 602 through 15

- 608 of this subtitle. §15

– 602. Financial disclosure statement
-- Filing requirements

(a)Except as otherwise provided in th is subtitle, a statement filed under § 15

- 601, § 15

- 603, § 1 5

- 604, or § 15

- 605 of this subtitle shall: (1) be filed with the Ethics Commission; (2) be filed under oath; (3) be filed on or before April 30 of each year; (4) cover the calendar year immediately preceding the year of filing; and (5) contain the information required in § 15

- 607 of this subtitle. 

### (The rest of Sec. 15

- 602 is not relevant and is not part of this plan. 

### ) § 15
- 607. Content of statements

(a) In general.

-- A statement that is required by § 15

- 601 (a) of this subtitle shall contain schedules disclosing the information and interests specified in this section, if known, for the individual making the statement for the applicable period under this subtitle.

### 9 (b) Interests in real property.

-- (1) The statement shall include a schedule of ea ch interest in real property, wherever located, including each interest held in the name of a partnership, limited liability partnership, or limited liab ility company in which the i ndividual held an interest. (2) For each interest reporte d the schedule shall include: (i) the nature of the property; (ii) the street address, mailing address, or legal description of the property; (iii) the nature and exte nt of the interest in the property, including any conditions to and encumbrances on the interest; (iv) the date and manner in which the interest was acquired; (v) the identity of the entity from which the interest was acquired; (vi) if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; (vii) if the interest was acquired in any other m anner, the fair market valu e of the interest when acquired; (viii) if any interest was transferred, in whole or in p art, during the applicable period:

1. a description of the interest transferred; 2. the nature and amount of the cons ideration received for the interest; and 3. the identity of the entity to which the interest was transferred; and (ix) the identity of any other entity with an interest in the property. (c) Interests in corporations and partnerships.

--

(1) The statement shall include a schedule of each interest held by the individual in a corporation, partnership, limited liability partnership, or l imited liability company, whether or not the corporation, partnership, limited liability partnersh ip, or limited liability company does business with the State. (2) For each interest reported, the schedule shall include: (i) the name and address of the principal office of the corpora tion, partnership, limited liability partnership, or limited liability company; (ii) subject to paragraph (3) of this subsec tion, the nature and amount of the interest held, including any conditions to and encumbrances on th e interest;

### 10 (iii) except as provided in paragraph (4) of this subsection, if any interest was acquired during the applicable period:

1. the date and manner in wh ich the interest was acquired; 2. the identity of the entity from which the interest was acq uired; 3. if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and 4. if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and (iv) if any i nterest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred; 2. the nature and amount of the cons ideration received for the interest; and 3. if known, the identity of the entity to which the i nterest was transferred. (3) (i) As to an equity interest in a corporation, the individual may satisfy paragraph (2)(ii) of this subsection by reporting, instead of a dollar amount: 1. the number of shares held; and 2. unless the corporation's stock is publicly traded, the percentage of equity interest held.

(ii) As to an equity interest in a partnership , limited liability partnersh ip, or limited liability company, the individual may satis fy paragraph (2)(ii) of this sub section by reporting, instead of a dollar amount, the percentage of equity interest held. (4) If an interest acquired during the applicable rep orting period consists of additions to existing publicly traded corporate interests acquired by di vidend or dividend reinvestment, and the total value of the acquisition is less than $ 500, only the manner of acquisition is required to be disclosed under paragraph (2)(iii) of this subsection. (d) Interest in business entity doing business with State.

--

(1) The statement shall include a schedu le of each interest in a business entity doing business with the State, other than interests reported under subsection (c) of this section. (2) For each interest reported, the schedule shall include: (i) the name and address of the principal office of th e business entity; (ii) the nature and amount of the interest held, including any conditions to and encumbrances on the interest; (iii) if any interest was acquired during the applicable period:

### 11 1. the date and manner in wh ich the interest was acquired; 2. the identity of the entity from which the interest was acquired; 3. if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and 4. if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and (iv) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred; 2. the nature and amount of the consideration received for the interest; and 3. the identity of the entity to which the interest was transferred. (e) Gifts.

--

(1) This subsection does not apply to a gift received from a member of the immediate family, another child, or a parent of the individual. (2) The state ment shall include a schedule of each gift, specified in paragraph (3) of this subsection, received during the applicable period: (i) by the individual or by another entity at the direction of the individual; and (ii) directly or indirectly, from or on b ehalf of an entity that is:

1. a regulated lobbyist; 2. regulated by the State; or 3. otherwise an entity doing business with the State. (3) (i) Except as provided in subp aragraph (ii) of this paragraph, the schedule shall include each gift with a valu e of more than $ 20 and each of two or more gifts with a cumulative value of $ 100 or more received from one entity during the applicable period. (ii) The statement need not include as a gift:

1. food or beverages received and consumed by an official of the Legislative Branch in the presence of the donor or sponsoring entity as part of a meal or reception, to which were invited all members of a legislative unit; 2. food or beverages received by a member of the General Assembly at the time and geographic location of a meeting of a legislative organiza tion for which the member's presiding officer has approved the member's attendance at State expense; or

### 12 3. a ticket or free admission extended to a member of the General Assembly by the person sponsoring or c onducting the event as a courtesy or ceremony to the office to attend a charitable, cultural, or political event to which were in vited all members of a legislative unit. (iii) Notwithstanding the provisions of s ubparagraph (ii) of this paragraph, the stat ement shall include the acceptance of each of two or more tic kets or free admissions, extended to a member of the General Assembly by the person sponsoring or conducting the event, with a cumulative value of $ 100 or more received from one entity during th e applicable period. (4) For each gift subject to this subsection, the schedule shall include: (i) the nature and value of the gift; and (ii) the identity of the entity from which, directly or indirectly, the gift was received. (5) This subsection does not authorize any gift not otherwise allowed by law. (f) Employment by or interest in business entity doing business with State.

--

(1) The statement shall include, as specified in this subsection, a schedule of all offices, directorships, and salari ed employment, or any similar interest not otherwise disclosed, in business entities doing business with the State. (2) This subsection applies to positions and interests held at any time during the applicable period by: (i) the individual; or (ii) any member of the individual's immediate family. (3) For each position or interest repor ted, this schedule shall include: (i) the name and address of the principal office of the business entity; (ii) the nature of the position or interest and the date it co mmenced; (iii) the name of each governmental unit w ith which the entity is doing business; and (iv) the nature of the business with the State, whic h, at a minimum, shall be specified by reference to the applicable criteria of doing business described in § 15

- 102(j) of this title. (g) Indebtedness to entity doing business with State.

--

(1) The statement shall include a schedule, to th e extent the individual may reasonably be expected to know, of each debt, excluding retail credit accounts, owed at a ny time during the applicable period to entities doing business with the State: (i) by the individual; and

### 13 (ii) if the individual was involved in the transac tion giving rise to the debt, by any member of the immediate family of the individual. (2) For e ach debt, the schedule shall include: (i) the identity of the entity to which the debt was owed; (ii) the date it was incurred; (iii) the amount owed at the end of the applicable period; (iv) the terms of payment; (v) the extent to which the principal was increased or decreased during the applicable period; and (vi) any security given. (h) Family members employed by State.

-- The statement shall include a schedule listing the members of the immediate family of the individual who were employed by t he State in any capacity at any time during the applicable period.

(i) Sources of earned income.

--

(1) Except as provided in paragraph (2) of this subsection, the statement shall include a schedule listing the name and address of each: (i) place of salaried employment, including secondary employment, of the individual or a member of the individual's immediate family at any time during the applicable period; and (ii) business entity of which the individual or a member of the individual's immediate fa mily was a sole or partial owner, and from which the individual or family member received earned income, at any time during the applicable period. (2) The statement may not include a listing of a minor child's employment or business entities of which the child is sole or partial owner, unless the place of employment or the business entity: (i) is subject to the regulation or authority of the agency that employs the individual; or (ii) has contracts in excess of $ 10,000 with the agency that employs the i ndividual. (j) Additional information.

-- The statement may include a schedule listing additional interests or information that the individual chooses to disclose. 

### (The rest of Sec. 15

- 607 is not part of this plan. 

### ) § 15
- 608. Interests attributable to individual filing statement

(a) In general.

-- The following are deemed to be int erests of the individual under § 15

- 607(b), (c), and (d) of this subtitle: (1) an interest held by a spouse or child of the individual , if the interest was directly or indirectly controlled by the individual at any time during the applicable period;

### 14 (2) an interest held by a business entity in which the individual held a 30% or greater interest at any time during the applicable period; and (3) an interest held by a trust or an estate in which, at any time during the applicable period, the individual: (i) held a reversionary interest; (ii) was a beneficiary; or (iii) if a revocable trust, was a settlor. (b) Effect on other disclos ure requirements.

-- Subsection (a) (2) of this section does not affect:

(1) the requirement under § 15

- 607 (b) of this subtitle of disclosu re of real estate interests held in the name of a partnership, limited liability partnership, or limited liability company in which the individual holds an interest; and (2) the requirement under § 15

- 607 (c) of this subtitle of discl osure of all partnerships, limited liability partnerships, or limited liability companies in which the individual holds an interest. (c) Blind trusts.

-- For the purposes of § 15

- 607 of this subtitle and the disclosure required by that section, interests held by a blind trust may not be considered to be interests of the person making the statement if the blind trust is approved by the Ethics Commission in accordance with regulations adopted pursuant to § 15

- 501 (b) or § 15

- 502 (c) of this title and is operated in compliance with those regulations.



### Note: The text below addresses the requirements of Section 128 of the Clean Air Act for all National Ambient Air Quality Standards (NAAQS). All struck-out/redlined text in the sections below is not to be included in this SIP. The rest of the text below, though, is to be included and replaces the text above.HomeTable of Contents
§ 5-101. Definitions West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

In general (a) In this title the following words have the meanings indicated unless:

(1) the context clearly requires a different meaning; or (2) a different definition is adopted for a particular provision. Advisory body (b) “Advisory body” means:

(1) a governmental unit designated by the Court of Appeals to give advice with respect to the application or interpretation of Subtitles 5 and 6 of this title to a State official of the Judicial Branch; (2) the Joint Ethics Committee, for questions arising under Subtitle 5 of this title regarding a State official of the Legislat ive Branch; or (3) the Ethics Commission, for all other questions. Bicounty commission (c) “Bicounty commission” means:

(1) the Maryland-National Capital Park and Planning Commission; (2) the Washington Suburban Sanitary Commission; or (3) the Washington Suburban Transit Commission. Board (d) “Board” means an executive unit composed of at least two me mbers, all of whom are appointed and serve on a part-time basis. Business entity (e) “Business entity” means a person engaged in business, whether profit or nonprofit, regardless of form. Compensation (f) “Compensation” means money or any other valuable thing, regardless of form, received or to be received by a person from an employer for services rendered. Employee (g)(1) “Employee” means an individual who is employed: (i) by an executive unit; (ii) by the Legislative Branch; or (iii) in the Judicial Branch. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 1. Definitions; General Provisions (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-101 Formerly cited as MD CODE, SG, § 15-102 § 5-101. Definitions

Currentness



### https://govt.westlaw.com/mdc/Document/NE E66C8300B7511E48A50879307049736?viewType=FullText&ori...(2) “Employee” does not include: (i) a public official; or (ii) a State official. Employer (h) “Employer” means an entity that pays or agrees to pay compensation to another entity for services rendered. Entity (i) “Entity” means:

(1) a person; or (2) a government or instrumentality of government. Entity doing business with the State (j) “Entity doing business with the State” means:

(1) a regulated lobbyist; (2) an entity regulated by the executive unit of the applicable official or employee; or (3) an entity that is a party to one or a combination of sales, purchases, leases, or contracts to, from, or with the State, or any unit of the State, involving consideration:

(i) of at least $5,000 on a cumulative basis during the calendar year for which a statement required by Subtitle 6 of this titl e is filed, regardless of when the consideration is to be paid; and (ii) which shall include, as of the award or execution of a co ntract or lease, the total consideration committed to be paid und er the contract or lease, to the extent ascertainable when awarded or executed, regardless of the period over which payments are to be made. Ethics Commission (k) “Ethics Commission” means the State Ethics Commission. Executive action (l) “Executive action” means an act:

(1) for which the Executive Branch of State government is responsible; and (2) that is taken by an official or employee of the Executive Branch. Executive unit (m)(1) “Executive unit” means a department, agency, commission, board, council, or other body of State government that: (i) is established by law; and (ii) is not in the Legislative Branch or the Judicial Branch of State government. (2) “Executive unit” includes:

(i) a county health department unless the officials and employees of the department are expressly designated as local officials in § 5-801 of this title; (ii) the office of the sheriff in each county; (iii) the office of the State's Attorney in each county; and (iv) the Liquor Control Board for Somerset County. Financial interest (n) “Financial interest” means:

(1) ownership of an interest as the result of which the owner has received within the past 3 years, is currently receiving, or in the future is entitled to receive, more than $1,000 per year; or (2)(i) ownership of more than 3% of a business entity by: 1. an official; 2. an employee; or


### https://govt.westlaw.com/mdc/Document/NE E66C8300B7511E48A50879307049736?viewType=FullText&ori...3. the spouse of an official or employee; or (ii) ownership of securities of any kind that represent, or are convertible into, ownership of more than 3% of a business entit y by:

1. an official; 2. an employee; or 3. the spouse of an official or employee. General Assembly (o) “General Assembly” includes a member, committee, or subcommittee of the General Assembly. Gift (p)(1) “Gift” means the transfer of anything of economic value, regardless of form, without adequate and lawful consideration.

(2) “Gift” does not include the solicitation, acceptance, receip t, or regulation of a political contribution that is regulated in accordance with:

(i) the Election Law Article; or (ii) any other State law regulating:

1. the conduct of elections; or 2. the receipt of political contributions. Government (q) “Governmental unit” means a department, an agency, a commission, a board, a council, or any other body of State government that is established by law. Honorarium (r)(1) “Honorarium” means the payment of money or anything of value for: (i) speaking to, participating in, or attending a meeting or other function; or (ii) writing an article that has been or is intended to be published. (2) “Honorarium” does not include payment for writing a book that has been or is intended to be published. Immediate family (s) “Immediate family” means an individual's spouse and dependent children. Interest (t)(1) “Interest” means a legal or equitable economic interest that is owned or held wholly or partly, jointly or severally, or directly or indirectly, whether or not the economic interest is subject to an encumbrance or condition.

(2) “Interest” does not include:

(i) an interest held in the capacity of agent, custodian, fiduc iary, personal representative, or trustee, unless the holder has an equitable interest in the subject matter; (ii) an interest in a time or demand deposit in a financial institution; (iii) an interest in an insurance policy, endowment policy, or annuity contract under which an insurer promises to pay a fixed amount of money in a lump sum or periodically for life or a specified period; (iv) a common trust fund or a trust that forms part of a pension or a profit-sharing plan that:

1. has more than 25 participants; and 2. is determined by the Internal Revenue Service to be a qualified trust under the Internal Revenue Code or a qualified tuition plan established pursuant to Section 529 of the Internal Revenue Code; or (v) a mutual fund that is publicly traded on a national scale unless the mutual fund is composed primarily of holdings of stock s and interests in a specific sector or area that is regulated by the individual's governmental unit. Joint Ethics Committee (u) “Joint Ethics Committee” means the Joint Committee on Legislative Ethics. Legislative action (v)(1) “Legislative action” means an official action or nonaction relating to:



### https://govt.westlaw.com/mdc/Document/NE E66C8300B7511E48A50879307049736?viewType=FullText&ori...(i) a bill, a resolution, an amendment, a nomination, an appointment, a report, or any other matter within the jurisdiction of the General Assembly; or (ii) a bill presented to the Go vernor for signa ture or veto. (2) “Legislative action” includes:

(i) introduction; (ii) sponsorship; (iii) consideration; (iv) debate; (v) amendment; (vi) passage; (vii) defeat; (viii) approval; and (ix) veto. Legislative unit (w) “Legislative unit” means:

(1) the General Assembly; (2) either house of the General Assembly; (3) a standing committee of the General Assembly, provided that th e presiding officer of the House of Delegates and the presidi ng officer of the Senate shall be deemed an ex officio member of any standing committee of the presiding officer's chamber; or (4) a county or regional delegation of members of the General Assembly that is recognized by a presiding officer of the General Assembly. Lobbying (x) “Lobbying” means performing any act that requires registration under § 5-701 of this title. Local official (y)(1) “Local official”, subject to § 5-801 of this title, mean s an official, officer, or employee of a county or municipal cor poration that the governing body of the county or municipal corporation de termines is subject to Subtitle 8, Part II of this title.

(2) “Local official”, subject to § 5-801 of this title, inclu des each member and employee of a board of license commissioners t hat the applicable governing body determines is subject to Subtitle 8, Part II of this title. Member of household (z) “Member of household” means:

(1) if sharing an individual's legal residence, the individual's:

(i) spouse; (ii) child; (iii) ward; (iv) financially dependent parent; or (v) other financially dependent relative; or (2) an individual's spouse, child, ward, parent, or other relative, over whose financial affairs the individual has legal or ac tual control. Municipal corporation (aa) “Municipal corporation” means a municipality governed by Article XI-E of the Maryland Constitution. Official (bb) “Official” means either a Stat e official or a public official. Political contribution


### https://govt.westlaw.com/mdc/Document/NE E66C8300B7511E48A50879307049736?viewType=FullText&ori...© 2015 Thomson Reuters (cc) “Political contribution” means a contribution as defined in § 1-101 of the Election Law Article. Principal political party (dd) “Principal political party” means the Stat e Democratic Party or the State Republican Party. Procurement contract (ee) “Procurement contract” has the meaning stated in § 11-101 of the State Finance and Procurement Article. Public official (ff) “Public official” means an individual determined to be a public official under § 5-103 of this subtitle. Qualifying relative (gg) “Qualifying relative” means a spouse, parent, child, brother, or sister. Regulated lobbyist (hh) “Regulated lobbyist” means an entity that is required to register with the Ethics Commission under § 5-701(a) of this titl e. Respondent (ii) “Respondent” means any of the following that is the subject of a complaint before the Ethics Commission:

(1) an official; (2) an employee; (3) a candidate for office as a State official; (4) an entity subject to Subtitle 7 of this title; or (5) an entity subject to § 5-512 of this title. School board (jj) “School board” means a county board of education or , in Baltimore City, the Board of School Commissioners. School system (kk) “School system” means the educational system under the authority of a school board. State official (ll) “State official” means:

(1) a constitutional officer or officer-elect in an executive unit; (2) a member or member-elect of the General Assembly; (3) a judge or judge-elect of a court under Article IV, § 1 of the Maryland Constitution; (4) a judicial appointee as defined in Maryland Rule 16-814; (5) a State's Attorney; (6) a clerk of the circuit court; (7) a register of wills; or (8) a sheriff. Superintendent (mm) “Superintendent” means a county superintendent as defined in § 1-101 of the Education Article. Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-101, MD GEN PROVIS § 5-101 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works.



### https://govt.westlaw.com/mdc/Document/NE E66C8300B7511E48A50879307049736?viewType=FullText&ori...HomeTable of Contents
§ 5-103. Designation of individuals as public officials West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

In general (a) The determination of whether an individual is a public official for the purposes of this title shall be made in accordance with this section. Public officials of executive units (b) Except as provided in subsection (f) of this section, t he following individuals in executive units are public officials:

(1) an individual who receives compensation at a rate equivalent to at least State grade level 16, or who is appointed to a boa rd, if the Ethics Commission determines under § 5-208 of this title that:

(i) the individual, acting alone or as a member of an executiv e unit, has decision-making authority or acts as a principal advi sor to an individual with decision-making authority:

1. in making State policy in an executive unit; or 2. in exercising quasi-judicial, regulatory, licensing, inspecting, or auditing functions; and (ii) the individual's duties are not ess entially administrative and ministerial; (2) any other individual in an executive unit if the Ethics Co mmission determines that the individual, acting alone or as a mem ber of the executive unit, has decision-making authority or acts as a principal advisor to an individual with decision-making authorit y in drafting specifications for, negotiating, or executing contracts that commit the State or an executive unit to spend more than $10,000 in a year; (3) a member, appointee, or employee of the Maryland Stadium Authority; (4) a member, appointee, or employee of the Canal Place Preservation and Development Authority; and (5) a member of the Emergency Medical Services Board. Public officials of Legislative Branch (c) Except as provided in subsection (f) of this section, an individual in the Legislative Branch is a public official if the i ndividual:

(1) receives compensation at a rate equivalent to at least State grade level 16; and (2) is designated a public official by order of the presiding officers of the General Assembly. Public officials of Judicial Branch (d)(1)(i) In this paragraph, “individual in the Judicial Branch” includes an individual who is: 1. employed in the office of a clerk of court; 2. paid by a county to perform services in an orphans' court or circuit court; 3. employed by the Attorney Grievance Commission; 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 1. Definitions; General Provisions (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-103 Formerly cited as MD CODE, SG, § 15-103 § 5-103. Designation of individuals as public officials

Currentness



### https://govt.westlaw.com/mdc/Document/NE F1FB7F00B7511E48A50879307049736?viewType=FullText&ori...© 2015 Thomson Reuters 4. employed by the State Board of Law Examiners; or 5. employed by the Court of Appeals Standing Committee on Rules of Practice and Procedure. (ii) Except as provided in paragraph (2) of this subsection or s ubsection (f) of this section, an individual in the Judicial Br anch is a public official if the individual receives compensation at a rate equivalent to at least State grade level 16. (2) The Ethics Commission may exclude the individuals in a position in the Judicial Branch from inclusion as public officials u nder paragraph (1)(ii) of this subsection:

(i) on the recommendation of the State Court Administrator; and (ii) if the Ethics Commission determines that the position does not have policy, policy advice, quasi-judicial, or procurement functions. Bicounty commission members (e) A member of a bicounty commission is a public official. Exceptions (f) The following are not public officials:

(1) a State official; (2) an individual employed on a contra ctual basis unless the individual is:

(i) employed on a full-time basis for more than 6 months; and (ii) designated as a public official under subsection (b)(1) or (c) of this section; and (3) a part-time or full-time faculty member at a State institution of higher education:

(i) as to subsection (b)(2) of this section, only when t he individual is acting in the capacity of a faculty member; and (ii) as to any other provision of this section, unless the individual also:

1. is employed in another position that causes the i ndividual to be designated as a public official; or 2. directly procures, directly influences, or otherwise directly affects the formation or execution of any State contract, purc hase, or sale, as established by regulations adopted by the Ethics Commission and approved by the Joint Committee on Administrative, Executive, and Legislative Review. Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-103, MD GEN PROVIS § 5-103 Current through the 2015 Regular Session of the General Assembly

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### https://govt.westlaw.com/mdc/Document/NE F1FB7F00B7511E48A50879307049736?viewType=FullText&ori...© 2015 Thomson Reuters HomeTable of Contents
§ 5-208. Determination of public official in executive agency West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

Determination of Ethics Commission (a) With advice from the Secretary of Budget and Management and in accordance with § 5-103 of this title, the Ethics Commission shall determine whether an individual in an executive uni t is a public official for the purposes of this title. Secretary of Budget and Management to provide advice (b) The Secretary of Budget and Management shall provide advice under subsection (a) of this section to the Ethics Commission:

(1) annually; and (2) at any other time on request of the Ethics Commission. Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-208, MD GEN PROVIS § 5-208 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 2. State Ethics Commission (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-208 Formerly cited as MD CODE, SG, § 15-208 § 5-208. Determination of public official in executive agency

Currentness



### https://govt.westlaw.com/mdc/Document/N5941ABC10B7611E4BEF0CA9EE5544886? viewType=FullText&o...HomeTable of Contents
§ 5-501. Restrictions on participation West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

In general (a) Except as otherwise provided in subsection (c) of this section, an official or employee may not participate in a matter if:

(1) the official or employee or a qualifying relative of the of ficial or employee has an interest in the matter and the officia l or employee knows of the interest; or (2) any of the following is a party to the matter:

(i) a business entity in which the official or employee has a di rect financial interest of which the official or employee reaso nably may be expected to know; (ii) a business entity, including a limited liability company or a limited liability partnership, of which any of the following is an officer, a director, a trustee, a partner, or an employee:

1. the official or employee; or 2. if known to the official or employee, a qu alifying relative of the official or employee; (iii) a business entity with which any of the following has applied for a position, is negotiating employment, or has arranged prospective employment:

1. the official or employee; or 2. if known to the official or employee, a qu alifying relative of the official or employee; (iv) if the contract reasonably could be expected to result in a conflict between the private interest and the official State d uties of the official or employee, a business entity that is a party to a contract with:

1. the official or employee; or 2. if known to the official or employee, a qu alifying relative of the official or employee; (v) a business entity, either engaged in a transaction with the St ate or subject to regulation by the official's or employee's governmental unit, in which a direct financial interest is owned by another business entity if the official or employee:

1. has a direct financial interest in the other business entity; and 2. reasonably may be expected to know of both financial interests; or (vi) a business entity that:

1. the official or employee knows is a creditor or an obligee of the official or employee, or of a qualifying relative of the o fficial or employee, with respect to a thing of economic value; and 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 5. Conflicts of Interest (Refs & Annos)

Part I. General Provisions (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-501 Formerly cited as MD CODE, SG, § 15-501 § 5-501. Restrictions on participation

Currentness



### https://govt.westlaw.com/mdc/Document/N000F 58D00B8111E4BEF0CA9EE5544886?viewType=FullText&or...© 2015 Thomson Reuters 2. as a creditor or an obligee, is in a position to affect direct ly and substantially the interest of the official, employee, o r qualifying relative. Exceptions (b)(1) The prohibitions of subsection (a) of this section do not apply if participation is allowed: (i) as to officials and employees subject to the authority of the Ethics Commission, by regulation of the Ethics Commission; (ii) by the opinion of an advisory body; or (iii) by another provision of this subtitle. (2) This section does not prohibit participation by an official or employee that is limited to the exercise of an administrativ e or ministerial duty that does not affect the decision or disposition with respect to the matter. Participation notwithstanding conflict (c) An official or employee who otherwise would be disqualified from participation under subsection (a) of this section shall d isclose the nature and circumstances of the conflict, and may participate or act, if:

(1) the disqualification would leave a body with less than a quorum capable of acting; (2) the disqualified official or employee is required by law to act; or (3) the disqualified official or employee is the only individual authorized to act. Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-501, MD GEN PROVIS § 5-501 Current through the 2015 Regular Session of the General Assembly

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### https://govt.westlaw.com/mdc/Document/N000F 58D00B8111E4BEF0CA9EE5544886?viewType=FullText&or...© 2015 Thomson Reuters HomeTable of Contents
§ 5-601. Individuals required to file statement West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

Officials and candidates (a) Except as provided in subsections (b) and (c) of this section, and subject to subsections (d) and (e) of this section, each official and candidate for office as a State official shall file a statement as specified in §§ 5-602 through 5-608 of this subtitle. State officials of Judicial Branch (b) Financial disclosure by a judge of a court under Article IV, § 1 of the Maryland Constitution, a candidate for elective off ice as a judge, or a judicial appointee as defined in Maryland Rule 16-814 is governed by § 5-610 of this subtitle. Exceptions (c) The requirement to file a financial disclosure statement under subsection (a) of this section does not apply to:

(1) a deputy sheriff and any employee in the office of the sheriff of a county; and (2) a deputy or assistant State's Attorney and any employee in the office of the State's Attorney for a county. Member of board (d)(1) An individual who is a public official only as a member of a board and who receives annual compensation that is less tha n 25% of the lowest annual compensation at State grade level 16 shall file the statement required by subsection (a) of this section i n accordance with § 5-609 of this subtitle.

(2) A member of the Harford County Liquor Control Board shall file the statement required by subsection (a) of this section in accordance with § 5-609 of this subtitle. Commissioner of bicounty commission (e) A commissioner or an applicant for appointment as commissioner of a bicounty commission shall file the statement required b y subsection (a) of this section in accordance with Subtitle 8, Part IV of this title. Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-601, MD GEN PROVIS § 5-601 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 6. Financial Disclosure (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-601 Formerly cited as MD CODE, SG, § 15-601 § 5-601. Individuals required to file statement

Currentness



### https://govt.westlaw.com/mdc/D ocument/N09402EA00B8311E49A5BE09F6D 66AA5C?viewType=FullText&...HomeTable of Contents
§ 5-602. Financial disclosure statement--Filing requirements West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

In general (a) Except as otherwise provided in this subtitle, a statement filed under § 5-601, § 5-603, § 5-604, or § 5-605 of this subtit le shall:

(1) be filed electronically with the Ethics Commission; (2) be filed under oath; (3) be filed on or before April 30 of each year; (4) cover the calendar year immediately preceding the year of filing; and (5) contain the information required in § 5-607 of this subtitle. Duplicate filing (b) A member of the General Assembly shall file the statement with the Ethics Commission and the Joint Ethics Committee. Preliminary disclosure (c)(1) In addition to the statement filed under § 5-601 of this subtitle, a member of the General Assembly shall file a prelimi nary disclosure on or before the seventh day of the regular legislative session if there will be a substantial change in the stateme nt covering the calendar year immediately preceding the year of filing, as compared to the next preceding calendar year.

(2) A member of the General Assembly whose statement under § 5-601 of this subtitle will not contain a substantial change is no t required to file a preliminary disclosure under paragraph (1) of this subsection. (3) The Joint Ethics Committee shall determine:

(i) the form of a preliminary disclosure under this subsection; and (ii) which aspects of financial disclosure are subject to this subsection. (4) A preliminary disclosure shall be filed and maintained, and may be disclosed, in the same manner required for a statement f iled under § 5-601 of this subtitle. Electronic filing (d)(1) The Ethics Commission shall develop and implement procedures: (i) for the electronic filing of a statement under this subtitle; and (ii) for the Ethics Commission to grant an exemption to the requirement under subsection (a)(1) of this section. (2)(i) To comply with the requirement of paragraph (1) of this subsection, the Ethics Commission may adopt regulations to modif y the format for disclosure of information required under § 5-607 of this subtitle.

(ii) The regulations adopted under this paragraph shall be consistent with the intent of this title. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 6. Financial Disclosure (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-602 Formerly cited as MD CODE, SG, § 15-602 § 5-602. Financial disclosure statement--Filing requirements

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### https://govt.westlaw.com/mdc/Document/N09693A 700B8311E49A5BE09F6D66AA5C?viewType=FullText&o...© 2015 Thomson Reuters Oath or affirmation for electronic filing (e)(1) If the financial disclosure statement filed electronically under subsection (d) of this section is required to be made u nder oath or affirmation, the oath or affirmation shall be made by an electronic signature that is: (i) in the financial disclosure statement or attached to and made part of the financial disclosure statement; and (ii) made expressly under the penalties for perjury. (2) An electronic signature made under paragraph (1) of this subsec tion subjects the individual making it to the penalties for perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths. Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2014, c. 32, § 1, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-602, MD GEN PROVIS § 5-602 Current through the 2015 Regular Session of the General Assembly

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### https://govt.westlaw.com/mdc/Document/N09693A 700B8311E49A5BE09F6D66AA5C?viewType=FullText&o...© 2015 Thomson Reuters HomeTable of Contents
§ 5-606. Public records West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

Access to statements (a)(1) The Ethics Commission and the Joint Ethics Committee shall maintain the statements submitted under this subtitle and, du ring normal office hours, make the statements available to the public for examination and copying.

(2) The Ethics Commission and the Joint Ethics Committee may char ge a reasonable fee and adopt administrative procedures for the examination and copying of a statement. Requirements and notice (b)(1) The Ethics Commission and the Joint Ethics Committee shall maintain a record of: (i) the name and home address of each individual who examines or copies a statement under this section; and (ii) the name of the individual whose statement was examined or copied. (2) On the request of the individual whose statement was examined or copied, the Ethics Commission or the Joint Ethics Committee shall forward to that individual a copy of th e record specified in paragraph (1) of this subsection. Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-606, MD GEN PROVIS § 5-606 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 6. Financial Disclosure (Refs & Annos) Effective: October 1, 2014 MD Code, General Provisions, § 5-606 Formerly cited as MD CODE, SG, § 15-606 § 5-606. Public records

Currentness



### https://govt.westlaw.com/mdc/D ocument/N0B4303800B8311E49A5BE09F6D 66AA5C?viewType=FullText&o...HomeTable of Contents
§ 5-607. Content of statements West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

In general (a) A statement that is required under § 5-601(a) of this subtitle shall contain schedules disclosing the information and inter ests specified in this section, if known, for the individual making the statement for the applicable period. Interests in real property (b)(1) The statement shall include a schedule of each interest in real property, wherever located, including each interest held in the name of a partnership, limited liability partnership, or limit ed liability company in which the individual held an interest.

(2) For each interest reported, the schedule shall include:

(i) the nature of the property; (ii) the street address, mailing address, or legal description of the property; (iii) the nature and extent of the interest in the property, including any conditions to and encumbrances on the interest; (iv) the date and manner in which the interest was acquired; (v) the identity of the entity from which the interest was acquired; (vi) if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; (vii) if the interest was acquired in any other manner, the fair market value of the interest when acquired; (viii) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred; 2. the nature and amount of the consideration received for the interest; and 3. the identity of the entity to which the interest was transferred; and (ix) the identity of any other entity with an interest in the property. Interests in corporat ions and partnerships (c)(1) The statement shall include a schedule of each interest held by the individual in a corporation, partnership, limited li ability partnership, or limited liability company, whether or not the corporation, partnershi p, limited liability partnership, or limit ed liability company does business with the State.

(2) For each interest reported, the schedule shall include:

(i) the name and address of the principal o ffice of the corporation, partnership, limited liability partnership, or limited lia bility company; 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 6. Financial Disclosure (Refs & Annos) Effective: October 1, 2014 MD Code, General Pr ovisions, § 5-607 Formerly cited as MD CODE, SG, § 15-607 § 5-607. Content of statements

Currentness



### https://govt.westlaw.com/mdc/Document/N0BFB 57000B8311E49A5BE09F6D66AA5C?viewType=FullText&...(ii) subject to paragraph (3) of this subsection, the nature an d amount of the interest held, including any conditions to and encumbrances on the interest; (iii) except as provided in paragraph (4) of this subsecti on, if any interest was acquired during the applicable period:

1. the date and manner in which the interest was acquired; 2. the identity of the entity from which the interest was acquired; 3. if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and 4. if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and (iv) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred; 2. the nature and amount of the consideration received for the interest; and 3. if known, the identity of the entity to which the interest was transferred. (3)(i) As to an equity interest in a corporation, the individual may satisfy paragraph (2)(ii) of this subsection by reporting, instead of a dollar amount: 1. the number of shares held; and 2. unless the corporation's stock is publicly traded, the percentage of equity interest held. (ii) As to an equity interest in a partnership, limited liability partnership, or limited liability company, the individual may satisfy paragraph (2)(ii) of this subsection by reporting, instead of a dollar amount, the percentage of equity interest held. (4) If an interest acquired during the applicable reporting period consists of additions to existing publicly traded corporate interests acquired by dividend or dividend reinvestment, and the total value of the acquisition is less than $500, only the manner of acquisition is required to be disclosed under paragraph (2)(iii) of this subsection. Interests in business entities doing business with State (d)(1) The statement shall include a schedule of each interest in a business entity doing business with the State, other than i nterests reported under subsection (c) of this section.

(2) For each interest reported, the schedule shall include:

(i) the name and address of the principal office of the business entity; (ii) the nature and amount of the interest held, including any conditions to and encumbrances on the interest; (iii) if any interest was acquired during the applicable period:

1. the date and manner in which the interest was acquired; 2. the identity of the entity from which the interest was acquired; 3. if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and 4. if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and (iv) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred; 2. the nature and amount of the consideration received for the interest; and 3. the identity of the entity to which the interest was transferred. Gifts (e)(1) This subsection does not apply to a gift received from a member of the immediate family, another child, or a parent of t he individual.

(2) The statement shall include a schedule of each gift, specified in paragraph (3) of this subsection, received during the app licable period:

(i) by the individual or by another entity at the direction of the individual; and (ii) directly or indirectly, from or on behalf of an entity that is:


### https://govt.westlaw.com/mdc/Document/N0BFB 57000B8311E49A5BE09F6D66AA5C?viewType=FullText&...1. a regulated lobbyist; 2. regulated by the State; or 3. otherwise an entity doing business with the State. (3)(i) Except as provided in subparagraph (ii) of this paragraph, the schedule shall include each gift with a value of more tha n $20 and each of two or more gifts with a cumulative value of $100 or more received from one entity during the applicable period.

(ii) The statement need not include as a gift:

1. food or beverages received and consumed by an official of the Legislative Branch in the presence of the donor or sponsoring entity as part of a meal or reception to which all members of a legislative unit were invited; 2. food or beverages received by a member of the General Assembly at the time and geographic location of a meeting of a legislative organization for which the member's presiding officer has approved the member's attendance at State expense; or 3. except as provided in subparagraph (iii) of this paragraph, a ticket or free admission extended to a member of the General Assembly by the person sponsoring or conducting the event as a courtesy or ceremony to the office to attend a charitable, cultural, or political event to which all members of a legislative unit were invited. (iii) The statement shall include the acceptance of each of two or more tickets or free admissions, extended to a member of the General Assembly by the person sponsoring or conducting the event , with a cumulative value of $100 or more received from one entity during the applicable period. (4) For each gift subject to this subsection, the schedule shall include:

(i) the nature and value of the gift; and (ii) the identity of the entity from which the gift was received, whether directly or indirectly. (5) This subsection does not authorize acceptance of a gift not otherwise allowed by law. Employment by or interests in business entities doing business with State (f)(1) The statement shall include, as specified in this subsec tion, a schedule of all offices, directorships, and salaried emp loyment, or any similar interest not otherwise disclosed, in business entities doing business with the State.

(2) This subsection applies to positions and interests held at any time during the applicable period by:

(i) the individual; or (ii) any member of the individual's immediate family. (3) For each position or interest reported, this schedule shall include:

(i) the name and address of the principal office of the business entity; (ii) the nature of the position or interest and the date it commenced; (iii) the name of each governmental unit with which the entity is doing business; and (iv) the nature of the business with the State, which, at a minimum, shall be specified by reference to the applicable criteria of doing business described in § 5-101(j) of this title. Indebtedness to entity doing business with State (g)(1) The statement shall include a schedule, to the extent th e individual may reasonably be expected to know, of each debt, excluding retail credit accounts, owed at any time during the applicable period to entities doing business with the State: (i) by the individual; and (ii) if the individual was involved in the transaction giving rise to the debt, by any member of the immediate family of the individual. (2) For each debt, the schedule shall include:

(i) the identity of the entity to which the debt was owed; (ii) the date it was incurred; (iii) the amount owed at the end of the applicable period; (iv) the terms of payment;



### https://govt.westlaw.com/mdc/Document/N0BFB 57000B8311E49A5BE09F6D66AA5C?viewType=FullText&...© 2015 Thomson Reuters (v) the extent to which the principal was increased or decreased during the applicable period; and (vi) any security given. Family members employed by State (h) The statement shall include a schedule listing the members of the immediate family of the individual who were employed by t he State in any capacity at any time during the applicable period. Sources of earned income (i)(1) Except as provided in paragraph (2) of this subsection, the statement shall include a schedule listing the name and addr ess of each: (i) place of salaried employment, including secondary employment, of the individual or a member of the individual's immediate family at any time during the applicable period; and (ii) business entity of which the individual or a member of the individual's immediate family was a sole or partial owner, and from which the individual or family member received earned income, at any time during the applicable period. (2) The statement may not include a listing of a minor child's employment or business entities of which the child is sole or pa rtial owner, unless the place of employment or the business entity:

(i) is subject to the regulation or authority of the agency that employs the individual; or (ii) has contracts in excess of $10,000 with the agency that employs the individual. Additional information (j) The statement may include a schedule listing additional intere sts or information that the individual chooses to disclose. Additional reports by General Assembly members (k) To the extent not reported under subsections (a) through (j) of this section, a statement filed by a member of the General Assembly shall include:

(1) the information required under § 5-514(b) of this title; and (2) an acknowledgment, signed by the member, that any information required under § 5-514(b) of this title that becomes reportab le after the statement is filed shall be reported immediately to th e Joint Ethics Committee as required by § 5-514(b) of this titl e. Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-607, MD GEN PROVIS § 5-607 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works.



### https://govt.westlaw.com/mdc/Document/N0BFB 57000B8311E49A5BE09F6D66AA5C?viewType=FullText&...HomeTable of Contents
§ 5-608. Interests attributable to individual filing statement West's Annotated Code of Maryland General Provisions Effective: October 1, 2014

Interests attributable (a) The following are deemed to be interests of the individual under § 5-607(b), (c), and (d) of this subtitle:

(1) an interest held by a spouse or child of the individual, if the interest was controlled, directly or indirectly, by the ind ividual at any time during the applicable period; (2) an interest held by a business entity in which the individual held a 30% or greater interest at any time during the applica ble period; and (3) an interest held by a trust or an estate in which, at any time during the applicable period, the individual:

(i) held a reversionary interest; (ii) was a beneficiary; or (iii) if a revocable trust, was a settlor. Effect on other disclosure requirements (b) Subsection (a)(2) of this section does not affect:

(1) the requirement under § 5-607(b) of this subtitle of disclosure of real estate interests held in the name of a partnership, limited liability partnership, or limited liability company in which the individual holds an interest; or (2) the requirement u nder § 5-607(c) of this subtitle of disclosure of a ll partnerships, limited liability partnerships, or lim ited liability companies in which the individual holds an interest. Blind trusts (c) For the purposes of § 5-607 of this subtitle, interests held by a blind trust may not be considered to be interests of the person making the statement if the blind trust is approved by the Ethics Commission in accordance with regulations adopted under § 5-5 01 (b) or § 5-502(c) of this title and is operated in compliance with those regulations. Credits Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. MD Code, General Provisions, § 5-608, MD GEN PROVIS § 5-608 Current through the 2015 Regular Session of the General Assembly

END OF DOCUMENT © 2015 Thomson Reuters. No claim to original U.S. Government Works. 

## Maryland Code and Court Rules

West's Annotated Code of Maryland

General Provisions (Refs & Annos)

Title 5. Maryland Public Ethics Law (Refs & Annos)

Subtitle 6. Financial Disclosure (Refs & Annos) Effective: October 1, 2014 MD Code, General Pr ovisions, § 5-608 Formerly cited as MD CODE, SG, § 15-608 § 5-608. Interests attributable to individual filing statement

Currentness



### https://govt.westlaw.com/mdc/Document/N0CDBF 3010B8311E49A5BE09F6D66AA5C?viewType=FullText&...

## MARY LAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard  

## Baltimore MD 21230 410-537-3000  

## 1-800-633-6101  

## www.mde.state.md.us

Recycled Paper www. mde.state.md.us TTY Users 1-800-735-2258 Via Maryland Relay Service Larry Hogan Governor Boyd Rutherford Lieutenant Governor Ben Grumbles Secretary



## Notice of Public Hearing on Air Quality Plan The Maryland Department of the Environment (MDE ) gives notice of a public hearing concerning the Maryland State Implementation Plan for Clea n Air Act Section 128 for all National Ambient Air Quality Standards A public hearing will be held on: Monday, February 1, 2016, at the Maryland Depar tment of the Environment, 1800 Washington Boulevard, Baltimore, Maryland 21230 – First Floor Conference Room – 11:00 A.M. The State Implementation Plan (SIP) above addre sses federal requirements for all National Ambient Air Quality Standards (NAAQS) for th e disclosure of potential conflict s of interest by State boards and agency heads that approve permits or enforcemen t orders. The NAAQS addr ess six air pollutants: carbon monoxide, lead, sulfur di oxide, nitrogen dioxide, partic ulate matter, and ozone. The public hearing will be held on February 1, 2016 at 11:00 A.M. at the Maryland Department of the Environment (MDE) headquarters lo cated at 1800 Washington Boulev ard, First Floor Conference Room, Baltimore, Maryland, 21230. The public hearing will be held as required by fede ral law (Clean Air Act at 42 U.S.C. 7410 (a) and 40 CFR 51.102). After consideration of comments received, the plan will be finalized and submitted to the United States Environmental Protection Agency (EPA) for approval. The proposed plan document has been made available on the Maryland Department of the Environment's website at http://www.mde.state.md.us/programs/Air/AirQuali tyPlanning/Pages/programs/ airprograms/air_planni ng/index.aspx . Note : the public library systems in the region can be used for Internet access to view the document. Copies of the document can be viewed at the offices of the Maryland Department of the Environment, Air and Radiation Management Administration, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland. For more information, c ontact Molla Sarros at (410) 537-4180. Comments may be sent to Molla Sarros, Maryland Department of the Environment, Air and Radiation Management Administration, 1800 Washington Boulevard, Suite 730, Baltimore, MD, 21230; emailed

### Page 2

Recycled Paper www.mde.state.md.us TTY Users 1-800-735-2258 Via Maryland Relay Service 

### to Molla.Sarros@Maryland.gov ; or faxed to (410) 537- 4223, attn: Molla Sarros. Comments must be received by 5:00 P.M. on February 1, 2016, or be submitted at the hearing. Persons in need of special accommodations should cont act the Department's Office of Fair Practices at (410) 537-3964 at least five (5) bus iness days in advance of the h earing. TTY users should contact the Department through the Maryland Re lay Service at 1-(800) 735-2258. For more information, contact Molla Sarros at (410) 537-4180 (Toll fr ee in Maryland call 1-(800) 633-6101 ext. 4180) or via email at Molla.Sarros@Maryland.gov

.

## IN THIS ISSUE Regulations Special Documents General Notices Volume 42 • Issue 26 • Page s 1583

— 1658

Pursuant to State Government Article, §7

- 206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and fil ed on or before December 7, 2015, 5 p .m. Pursuant to State Government Article, §7

- 206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of December 7, 2015

. Brian Morris Administrator, Divisio n of State Documents

Office of the Secretary of State 

### Issue Date: December 28, 2015

## Information About the Maryland Register and COMAR
MARYLAND REGISTER The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly. The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register. The following information is also published regularly in the Register: • Governor’s Executive Orders • Attorney General’s Opinions in full text • Open Meetings Compliance Board Opinions in full text • State Ethics Commission Opinions in full text • Court Rules • District Court Administrative Memoranda • Courts of Appeal Hearing Calendars • Agency Hearing and Meeting Notices • Synopses of Bills Introduced and Enacted by the General Assembly • Other documents considered to be in the public interest CITATION TO THE MARYLAND REGISTER The Maryland Register is cited by volume, issue, page number, and date. Example: • 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1 992. CO DE OF MARYLAND REGULATIONS (COMAR) COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03. DOCUMENTS INCORPORATED BY REFERENCE Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486. HOW TO RESEARCH REGULATIONS An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260- 3876

. SUBSCRIPTION INFORMATION For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN THE REGULATION-MAKING PROCESS Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG), Annotated Code of Maryland): • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112) • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123) • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3) • By petitioning the circuit court for a declaratory judgment on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125) • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213) Maryland Register (ISSN 0360-2834) . Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $ 225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices. Lawrence J. Hogan, Jr. , Governor; John C
. Wobensmith , Secretary of State; Brian Morris , Administrator ; Gail S. Klakring , Senior Editor ; Mary D. MacDonald , Editor, Maryland Register and COMAR; Elizabeth Ramsey , Editor, COMAR Online , and Subscription Manager ; Tami Cathell , Help Desk, COMAR and Maryland Register Online. Front cover: State House, Annapolis, MD, built 1772—79. Illustrations by Carolyn Anderson, Dept. of General Services Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

# Co ntents

1586

MARYLAND REGISTER, VOLUME 42, ISSUE 26, MONDAY, DECEMBER 28, 2015 HEALTH FACILITIES GRANTS Construction Funds for Public and Nonprofit Community Mental Health, Addiction, and Developmental Disabilities Facilities

................................ ....................................... 1609 MATERNAL AND CHILD HEALTH Morbidity, Mortality, and Quality Review Committee — P regnancy and Childhood

............................................. 1609 HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) HIV and CD4+ Investigations and Case Reporting

......... 1609 AIDS Investigations and Case Reporting

........................ 1609 PREVENTIVE MEDICINE Use of Tanning Devices by Minors

................................ . 1609 Newborn Screening

......................................................... 1609 FREESTANDING AMBULATORY CARE FACILITIES General Requirements

..................................................... 1611 Freestanding Ambulatory Surgical Facilities

................... 1611 MEDICAL CARE PROGRAMS Dental Services

................................................................ 1612 Targeted Case Management for People with Intellectual and Developmental Disabilities

........................................... 1613 EPSDT School Health-Related Services or Health-Related Early Intervention Services

........................................... 1614 Maryland Medicaid Managed Care Program: Managed Care Organizations

................................................................ 1618 Community First Choice

.................................................. 1626 BOARD OF PHYSICIANS Delegation and Assignment of Performance of Cosmetic Medical Procedures and Use of Cosmetic Medical Devices

................................ ......................................... 1630 Delegation of Acts by a Licensed Physician to an Assistant Not Otherwise Authorized Under the Health Occupations Article or the Education Article

.................................... 1630 BOARD OF PHARMACY Prescription Drug Repository Program

............................ 1631 Pharmacist Administration of Self-Administered Drugs

................................ ............................................ 1633 11 DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE ADMINISTRATION — A DMINISTRATIVE PROCEDURES Summary Suspensions for Alcohol and Drug-Related Offenses

................................ ........................................ 1635 Ig nition Interlock Program

............................................... 1635 MOTOR VEHICLE ADMINISTRATION — VEHICLE EQUI PMENT Ignition Interlock Systems

............................................... 1635 14 INDEPENDENT AGENCIES OFFICE OF THE PUBLIC DEFENDER Eligibility for Services

..................................................... 1638 15 DEPARTMENT OF AGRICULTURE SOIL AND WATER CONSERVATION Agricultural Nutrient and Sediment Credit Certification Program

................................ ........................................ 1639 26 DEPARTMENT OF THE ENVIRONMENT WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING Bay Restoration Fund Implementation

............................ 1643 31 MARYLAND INSURANCE ADMINISTRATION HEALTH INSURANCE — GENERAL He alth Insurance

.............................................................. 1644 Health Insurance—Plan of Withdrawal

........................... 1644 Carrier Provider Panels—Application Process

................ 1644 Independent Review Organizations and Medical Experts

......................................................................... 1644 Certification of HMO Medical Directors

........................ 1644 Discount Medical Plan Organizations and Discount Drug Plan Organizations

............................................................... 1644 Required Standard Provisions for Individual Nonprofit Health Service Plan Contracts

.................................................. 1644 Individual Health Insurance Contracts — Standard Provisions and Exclusions

.............................................................. 1644 Delivery of Policy or Certificate

..................................... 1644 CREDIT LIFE AND CREDIT HEALTH INSURANCE Standards for Credit Life and Credit Health Insurance Contracts

...................................................................... 1646 

### Special Documents DEPARTMENT OF THE ENVIRONMENT PROPOSED CALENDAR YEAR 2016 STANDARD PERMIT APPLICATION TURNAROUND TIMES

.... 1648 DEPARTMENT OF HEALTH AND MENTAL HYGIENE COMMUNITY PATHWAYS WAIVER AMENDMENT #1

— PROPOSAL Request for Public Comment

....................................... 1652 MARYLAND HEALTH CARE COMMISSION NUMBER OF CHRONIC HOSPITAL BEDS AND PATIENT DAYS AND PERCENT OCCUPANCY, BY FACILITY: MARYLAND, FY 2014

........................... 1653 DEPARTMENT OF TRANSPORTATION OFFICE OF MINORITY BUSINESS ENTERPRISE (OMBE) Announcement

............................................................ 1654



### General Notices STATE COUNCIL ON CHILD ABUSE AND NEGLECT Public Meeting

................................................................ 1655 COMPTROLLER OF THE TREASURY/ADMINISTRATION AND FINANCE Reduction of Bond Authorization Announcement

.......... 1655 CORRECTIONAL TRAINING COMMISSION Public Meeting

................................................................ 1655 GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION Public Meeting

................................................................ 1655 BOARD OF DIETETIC PRACTICE Public Meeting

................................................................ 1655 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS Public Meeting

................................................................ 1655 BOARD FOR PROFESSIONAL ENGINEERS Public Meeting

................................................................ 1655 DEPARTMENT OF THE ENVIRONMENT/AIR AND RADIATION MANAGEMENT ADMINISTRATION Notice of Public Hearing on Air Quality Plan

................. 1655 BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS Public Meeting

................................................................ 1656 BOARD OF FORESTERS Public Hearing

................................................................ . 1656 DEPARTMENT OF HEALTH AND MENTAL HYGIENE/MEDICAID PHARMACY AND THERAPEUTICS COMMITTEE Call for Physician, Pharmacist, and Consumer Nominations for the Maryland Medicaid Program’s Pharmacy and Therapeutics (P&T) Committee

................................... 16561655

MARYLAND REGISTER, VOLUME 42, ISSUE 26, MONDAY, DECEMBER 28, 2015



# General Notices

Notice of ADA Compliance The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

STATE COUNCIL ON CHILD ABUSE

AND NEGLECT Subject: Public Meeting Date and Time: January 7, 2016, 1 — 3 p.m. Place: Judicial Education and Conference Center, Annapolis, MD Contact: Claudia Remington (410) 336- 3820 [15- 26 -03]
COMPTROLLER OF THE TREASURY/ADMINISTRATION AND

FINANCE Subject: Reduction of Bond Authorization Announcement Add'l. Info: Pursuant to State Finance and Procurement Article, §8-128, Annotated Code of Maryland, which provides that, if within 2 years after the date of an authorization of State debt no part of the pr oject or program for which the enabling act authorized the State debt is under contract and the Board of Public Works has not committed money for any part of the project or program, the authorization terminates unless: (1) The enabling act provides otherwise; or (2) In an emergency, the Board unanimously grants a temporary exception for a period of 1 year. Therefore, with Board of Public Works approval of item #7, dated December 2, 2015, we submit for publication the following cancellation of bond authorizations in accordance with the above-referenced articles: Lake Arbor Foundation: Ch. 46, Acts of 2006; $1,151.40; authorized the funds for the repair, renovation, reconstruction, and capital equipping of The Arbor Room and related facilities, located in Mitchellville. Charles E. Smith Life Communities — Emergency Generators: Ch. 336, Acts of 2008; $2,710; authorized the funds for the purchase and installation of emergency generators at the Charles E. Smith Life Communities in Rockville. Linthicum Veterans Memorial: Ch. 485, Acts of 2009; $5,680.19; authorized the funds for the planning, design, construction, and capital equipping of the Linthicum Veterans Memorial, located in Linthicum. Re Rentuma Fiscal Specialist Administration and Finance Contact: Re Rentuma (410) 260-7909 [15- 26 -20]
CORRECTIONAL TRAINING COMMISSION Subject: Public Meeting Date and Time: January 13, 2016, 10 a.m.

— 12 p.m. Place: Public Safety Educational and Training Center, 6852 4th St., Sykesville, MD Add'l. Info: A portion of the meeting may be held in closed session. Contact: J. MIchael Zeigler (410) 875- 3600 [15- 26 -22]
GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION Subject: Public Meeting Date and Time: January 11, 2016, 1 — 3 p .m. Place: GOCCP, 300 E. Joppa Rd., Ste. 1105, Baltimore, MD Add'l. Info: Youth State Advisory Group Meeting Contact: Jessica Wheeler (410) 821-2844

[15- 26 -06]
BOARD OF DIETETIC PRACTICE Subject: Public Meeting Date and Time: January 21, 2016, 12:30

— 3:30 p.m. Place: 4201 Patterson Ave., Rm. 106, Baltimore, MD Contact: Lenelle Cooper (410) 764-4733

[15- 26 -18]
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES

SYSTEMS Subject: Public Meeting Date and Time: January 12, 2016, 10 a.m.

— 12 p.m. Place: 653 W. Pratt St., Ste. 212, Baltimore , MD Add'l. Info: The joint meeting of the Emergency Medical Services Board and the State Emergency Medical Services Advisory Council is held annually in January. Contact: Leandrea Gilliam (410) 706-4449

[15- 26 -28] BOARD FOR PROFESSIONAL ENGINEERS Subject: Public Meeting Date and Time: January 14, 2016, 9 a.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: James A. Baseman (410) 230- 6263 [15- 26 -30]
DEPARTMENT OF THE ENVIRONMENT/AIR AND RADIATION MANAGEMENT ADMINISTRATION Subject: Notice of Public Hearing on Air Quality Plan Date and Time: February 1, 2016, 11 a.m. — 11:30 a.m. Place: Dept. of the Environment, 1800 Washington Blvd., 1st Fl. Conf. Rm., Baltimore, MD Add'l. Info: The Maryland Department of the Environment (MDE) gives notice of a Public Hearing concerning a State Implementation Plan (SIP). The plan addresses federal requirements for all National Ambient Air Quality Standards (NAAQS) for the disclosure of potential conflicts of interest by State boards and agency heads that approve permits or enforcement orders. The public hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410(a) and 40 CFR 51.102). Interested persons are invited to attend and express their views. After the Department considers the comments received, and revises the proposal if necessary, all related items will be submitted to the U.S. Environmental Protection Agency. An electronic copy of the proposed revision will be available on the Maryland Department of the Environment’s website at: http://www.mde.state.md.us/programs/Air/ AirQualityPlanning/Pages/programs/airpro grams/air_planning/index.aspx. Note: The public library systems in Maryland can be used for Internet access to view the document. An electronic copy of the document can also be obtained via email by writing to Molla Sarros at Molla.Sarros@Maryland.gov . Copies of the document can also be viewed at the Maryland Department of the Environment Main Office, Air and RadiationGENERAL NOTICES

1656

MARYLAND REGISTER, VOLUME 42, ISSUE 26, MONDAY, DECEMBER 28, 2015 Management Administration, 1800 Washington Boulevard, Baltimore, Maryland. For a hard copy, contact: Molla Sarros. Written comments may be presented at the hearing, faxed to 410- 537 -4223, emailed to Molla.Sarros@Maryland.gov, or mailed to Molla Sarros, MDE ARMA, 1800 Washington Boulevard, Suite 730, Baltimore, MD, 21230. Comments must be received before 5 p.m. on February 1, 2016. Anyone needing special accommodations at a public hearing should contact the Department’s Fair Practices Office at (410) 537-3964 at least 5 business days in advance of the hearing. TTY users may contact the Department through the Maryland Relay Service at 1-8 00 -735- 2258. For more information, contact Molla Sarros, Natural Resources Planner, at (410) 537 -4180. Toll free in Maryland call 1- (800) 633-6101, ext. 4180, Maryland Department of the Environment, Air and Radiation Management Administration, 1800 Washington Boulevard, Ste. 730, Baltimore, Maryland 21230. Contact: Molla Sarros (410) 537-4180

[15- 26 -26]
BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS Subject: Pu

blic Meeting Date and Time: January 6, 2016, 10 a.m.

— 3 p.m. Place: 8270 Old Montgomery Rd., Columbia, MD Add'l. Info: The Board may discuss/vote on proposed regulations. A portion of the meeting may be held in closed session. Contact: James T. Merrow (410) 764-5911

[15- 26 -13]
BOARD OF FORESTERS Subject: Public Hearing Date and Time: January 25, 2016, 10 a.m.

— 12 p.m.; Additional Dates: April 18, July 25, and October 17, 2016, 10 a.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Michelle Martin (410) 230-6271

[15- 26 -11]
DEPARTMENT OF HEALTH AND MENTAL HYGIENE/MEDICAID PHARMACY AND THERAPEUTICS

COMMITTEE Subject: Call for Physician, Pharmacist, and Consumer Nominations for the Maryland Medicaid Program’s Pharmacy and Therapeutics (P&T) Committee Add'l. Info: The Maryland Department of Health and Mental Hygiene (DHMH) is currently recruiting physicians, pharmacists, and consumers to serve on the Maryland Medicaid Program’s Pharmacy and Therapeutics (P&T) Committee. The Committee shall be composed of no fewer than 12 members, appointed by the Secretary for a 3-year term. At least five members shall be physicians licensed in Maryland (with one being a psychiatrist); five members shall be pharmacists licensed in Maryland (with one having expertise with mental health drugs); and two members shall be consumer representatives residing in the State. Duties and Powers of Committee RULES: The Committee shall operate under Standard Operating Procedures and comply with rules adopted by DHMH, including notice of any meeting of the Committee pursuant to the requirements of the Administrative Procedures Act. REGULAR MEETINGS: The Committee shall meet at least twice a year, and may meet at other times at the discretion of DHMH. To the extent feasible, the Committee shall review all drug classes included in the Preferred Drug List at least every 12 months. Executive sessions shall be closed to the public. ATTENDANCE: Members of the Committee may be removed if they miss two consecutive Committee meetings. PREFERRED DRUG LIST DEVELOPMENT: The Committee reviews classes of medications and recommends to DHMH which medications should be included in the Preferred Drug List for prescribing to Medicaid recipients. The Preferred Drug List is composed of cost-effective, medically appropriate drug therapies for Medicaid recipients. The Committee shall develop its Preferred Drug List recommendations by considering the clinical efficacy, safety, and cost effectiveness of drug products. Analyses shall be based upon reviews of relevant clinical information, including but not limited to FDA-approved labeling, supporting studies, published head to head comparisons, and peer-reviewed medical journal articles. PRIOR AUTHORIZATION: The Committee may also make recommendations to DHMH regarding the prior authorization of any prescribed drug covered by Medicaid. Magellan Medicaid Administration is currently providing administrative a nd technical support to the Department of Health and Mental Hygiene with regard to the P&T Committee. Deadline to submit an application to serve on the Maryland Medicaid Program’s Pharmacy and Therapeutics (P&T) Committee is Friday, February 19, 2016. For an application packet or further information, please contact Gina Homer, Medical Care Program Specialist, Maryland Medicaid Pharmacy Program, Dept. of Health and Mental Hygiene, Suite 407 -A, 201 W. Preston Street, Baltimore, MD 21201-2399, phone/voice mai l (410)767-1749, or email gina.homer@maryland.gov Contact: Gina Homer (410) 767-1749

[15- 26 -15]
DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES Su bject: Public Notice for Developmental Disabilities Administration Targeted Case Management Add'l. Info: For dates of service beginning January 1, 2016, Maryland Medical Assistance (MA) recipients who are determined to meet the criteria to be eligible for DDA State supports services only but do NOT meet all the criteria for “developmental disability,” as defined in Health-General Article, §§7–101(f) and 7- 403(c), Annotated Code of Maryland, will no longer be eligible for Waiting List Coordination and Transition Coordination services. Waiting List Coordination and Transition Coordination services being provided for MA recipients who are determined by the DDA to meet all the criteria for “developmental disability” as defined in Health-General Article, §7– 101(f), Annotated Code of Maryland, will continue. This represents an estimated savings of $470,813 in federal funds between January 1, 2016 and June 30, 20 16. Copies of proposed changes are available for public review at the local health department in each county and Baltimore City. Written comments may be sent to Nina McHugh, Office of Health Services, DHMH, 201 W. Preston St., Room 127B, Baltimore, MD 21201, or call 410 -767-5003 or email nina.mchugh@maryland.gov. Contact: Nina McHugh (410) 767-5003

[15- 26 -32]
MARYLAND INSURANCE ADMINISTRATION Subject: Public Meeting Date and Time: January 8, 2016, 10:30 a.m. — 12 p.m. Place: Maryland NRCS, Dorchester Field Service Center, 204 Cedar St., Ste. 201, Cambridge, MDSi gn I n

MD E Calendar February, 2016 Expand All Collapse All | Day Week Month Sunday Monday Tuesday Wednesday Thursday Friday Saturday 31 1 2 3 4 5 6 11:00 AM Public Hearing/Comment Period Concerning State Implementation Plan (SIP) for Clean Air Act Section 128, Disclosure of Conflicts of Interest by State Boards and Agency Heads. 2:00 PM Radiation Control Advisory Board Meetin g

7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27

28 29 1 2 3 4 5

Contact the Office | Accessibility | Privacy Notice 1800 Washington Boulevard, Baltimore, MD 21230 | (410) 537-3000 Maryland.gov Phone Directory State Agencies Online Services
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### MDE Calendar 12/21/2015 8:57:43 AM

http://www.mde.state.md.us/aboutmde/mdecalendar/Pages/Calendar.aspx?CalendarDate=2%2F21%2F2016Si gn I n

MDE Calendar Event
Date: Monday, February 1, 2016 Time : 11:00 AM Location: MDE, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Organizer: MDE/ARMA Contact Name : Molla Sarros 410-537-4180 Description: This is a State Implementation Plan (SIP) addressing federal requirements for all the National Ambient Air Quality Standards (NAAQS). The NAAQS are for the six air pollutants: carbon monoxide, lead, sulfur dioxide, nitrogen dioxide, particulate matter, and ozone. This SIP addresses the disclosure of potential conflicts of interest b y State boards and a g enc y heads that a pp rove p ermits o r enforcement orders. Related URL: http://www.mde.state.md.us/aboutmde/About MDEHome/Pages/aboutmde/reqcomments.aspx

Contact the Office | Accessibility | Privacy Notice 1800 Washington Boulevard, Baltimore, MD 21230 | (410) 537-3000 Maryland.gov Phone Directory State Agencies Online Services
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email friend print page MDE Contact Us Directions to MDE MDE Locations MDE Calendar MDE-SER V Grants and Financial Assistance Featured Staff MDE Fiscal Analysis Project Hearings, Meetings & Request for Comments Work with MDE About MDE Hom e HOME MARYLANDER ABOUT MDE PERMITS NEWSROOM 

### Pages - CalendarEvent 12/21/2015 9:17:41 AM

http://www.mde.state.md.us/aboutmde/ MDECalendar/Pages/CalendarEvent.aspx?eID=754&Source=http%3A%...Si gn I n

MDE Public Hearings, Meetings and Request for Comments The complete listing of MDE public meetings and hearings is posted in the MDE Calendar . Please call or email contact person cited in the meeting details for any questions or to send a comment. Public hearings, meetings, and request for comments related to Maryland environmental regulations are also posted at the Air Regulations , Water Regulations and Land Regulations sections of this website.

Notice of Public Hearing on the Maryland State Implementation Plan for Clean Air Act Section 128 for all National Ambient Air Quality Standards The Maryland Department of the Environment (MDE) will hold a public hearing on a State Implementation Plan (SIP) addressing Cle an Air Act Section 128 requirements for all National Ambient Air Quality Standards (NAAQS) for the disclosure of potential conflicts o f interest by State boards and agency heads that approve permits or enforcement orders. The U.S. Environmental Protection Agency (EPA) sets NAAQS for six principal air pollutants known as “criteria” pollutants: ca rbon monoxide, lead, nitrogen dioxide, ozone, particulate mat ter, and sulfur dioxide. The public hearing will be held on February 1, 2016 at 11:00 A.M. in the Maryland Department of the Environment headquarters located at 1800 Washington Boulevard, First Floor Conference Room, Baltimore, Maryland, 21230. The public hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410 (a) and 40 CFR 51.102). After consideration of comments received, the plan will be finalized and submitted to the United States Environmental Protectio n Agency for approval. The proposed plan document has been made available on the Maryland Department of the Environment's website at http://www.mde.state.md.us/programs/A ir/AirQualityPlanning/Pages/programs /airprograms/air_planning/index.aspx Note: the public library systems in the region can be used for Internet access to view the document. Copies of the document can be viewed at the offices of the Maryland Department of the Environment, Air and Radiation Management Administration, 1800 Washington Boulevard, Su ite 730, Baltimore, Maryland. For more information, contact Molla Sarros at (410) 537-4180. Comments may be sent to Molla Sarros, Maryland Department of the Environment, Air and Radiation Management Administration, 1800 Washington Boulevard, Suite 730, Baltimore, MD, 21230; emailed to Molla.Sarros@maryland.gov ; or faxed to (410) 537-4223, attn: Molla Sarros. Comments must be received by 5:00 P.M. on February 1, 2016, or be submitted at the hearing. Persons in need of special accommodations should contact the Department's Office of Fair Practices at (410) 537-3964 at least f ive (5) business days in advance of the hearing. TTY users should contact the Department through the Maryland Relay Service at 1-(800) 735- 2258. For more information, contact Molla Sarros at (410) 537-4180 (Toll free in Maryland call 1-(800) 633-6101 ext. 4180) or via ema il at Molla.Sarros@maryland.gov

.

Amendments to Regulations .01 & .10 under COMAR 26.11.01 General Administrative Provisions and Regulations .01, .04, .07 & .08 under COMAR 26.11.08 Control of Incinerators The Maryland Department of the Environment gives notice of publ ic hearing/comment period concerning the following proposed acti on: Amendments to Regulations .01 & .10 under COMAR 26.11.01 General Administrative Provisions and Regulations .01, .04, .07 & .08 under COMAR 26.11.08 Control of Incinerators to clarify requirements for incinerators and Portland cement plants that demonstrate compliance with visible emissions (VE) standards through use of continuous opacity monitors (COMS), and delete the applicability of the Department’s Technical Memorandum 90-01 (TM) for incinerators equipped with COMS. In addition, the amendme nts will exempt incinerators that are 1) owned or operated by a government entity and 2) used solely to destroy illegal or prohibited go ods from COMAR 26.11.08 requirements. The regulatory actions listed above will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementat ion Plan. The full text of the proposed amendments will appear in the Maryland Register on November 13, 2015 at http://www.dsd.state.md.u s/MDR/mdregister.html

Click here to view the Technical Support Document (TSD).
A public hearing on this action will be held on December 14, 2015 at 1 p.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Comments must be received by 5 pm on December 14, 2015

. For more information or to submit comments, call/e-mail/ fax: Randy Mosier, Chief, Regulation Development Division Air Quality Planning Program Air and Radiation Management Administration Department of the Environment 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 Telephone: (410) 537-4488 Email: randy.mosier@maryland.gov Fax: (410) 537-4223

Amendments to Regulation .10 under COMAR 26.11.21 Control of Asbestos

. The Maryland Department of the Environment gives notice of public comment period concerning the following proposed action: Amendments to Regulation .10 under COMAR 26.11.21 Control of Asbestos

. The primary purpose of these amendments is to eliminate the asbestos license fee for businesses that employ two or less employe es and reduce the license fee for businesses that employ three or more employees. The full text of the proposed amendments will appear in the Maryland Register on October 16, 2015 at Maryland.gov Phone Directory State Agencies Online Services
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email friend print page MDE Contact Us Directions to MDE MDE Locations MDE Calendar MDE-SER V Grants and Financial Assistance Featured Staff MDE Fiscal Analysis Project Hearings, Meetings & Request for Comments Work with MDE About MDE Hom e HOME MARYLANDER ABOUT MDE PERMITS NEWSROOM 

### MDE Request for Comments 12/21/2015 9:18:37 AM

http://www.mde.state.md.us/aboutmde/AboutM DEHome/Pages/aboutmde/reqcomments.aspxS i gn I n

Air Quality Pla nning Program Maryland's Air Quality Planning Program (AQPP) writes state implementation plans and regulations to reduce emissions and achieve the National Ambient Air Quality Standards (NAAQS) for six "criteria" air pollutants : ground-level ozone, particulate matter, lead, carbon monoxide, nitrogen dioxide, and sulfur dioxide. The AQPP also implements federal, regional, local, and state greenhouse gas em issions reduction programs, including implementing the requirements of the Maryland Greenhouse Gas Emissions Reduction Act of 2009 and managing Maryland's involvement in the Re gional Greenhouse Gas Initiative (RGGI). The AQPP consists of three divisions covering its different program areas: (1) Planning and Policy (2) Regulation Development (3) Climate Change
Planning and Policy: State Implementation Plans The Planning and Policy Division develops air quality plans, also called state implementation plans, which are designed to attai n and maintain the National Ambient Air Quality Standards, and to prev ent significant deterioration of air quality in areas cleaner t han the standards. The state implementation plans are listed below in chronological order with the latest documents first. Some SIPs have many appendices, but each distinct SIP on the list is identified with the word “Document” followed by the individual SIP’s name belo w that and any appendices subsequently. Note: Maryland's State Implementation Plans are viewable in Adobe Acrobat Reader (pdf) format. To view the documents, you will have to download the Adobe Acrobat Reader

. State Implementation Plan (SIP) for Clea n Air Act Section 128, Disclosure of Conflicts of Interest by State Boards and Agency Heads

z New SIP Document z SIP Document showing changes from the 2013 Section 128 SIP Baltimore, Maryland, 2008 8-Hour Ozone Ra te of Progress (Budgets for VOC and NOx for 2012)

z EPA Comment Period open throughDecember 23, 2015. Comment on this site

. z Clarification Letter . Read here

. Base Year 2011 Emissions Inventory (Washington DC-MD-VA 2008 Ozone NAAQS Nonattainment Area)

z Full Inventory Document without Appendices, July 9, 2014 z Appendices ZIP File . This file contains all the appendices in a 176 MB ZIP file. { A. Point Source Inventory Files { B1. Area and Nonroad (Marine Vessels, Airport, Railroad Locomotives) So urce Inventory Development Document

(Maryland) { B2. Area and Nonroad (Marine Vessels, Airport, Railroad Locomotives) So urce Inventory Development Document

(Virginia) { B3. Area and Nonroad (Marine Vessels, Airport, Railroad Locomotives) So urce Inventory Development Document

(District of Columbia) { B4. Area and Nonroad (Marine Vessels, Airport, Railroad Locomotives) Source Inventory Files { C. NMIM2008 (NONROAD Model) Input and Output Files { D1. Onroad Mobile Source Development Document { D2. MOVES 2010a (Onroad Mobile Model) Input and Output Files

Baltimore Nonattainment Area PM2.5 Redesignation Request and Maintenance Plan

Redesignation Request

- May 28, 2013 Maintenance Plan

- May 27, 2013 Appendices Washington County, MD Nonattainment Area PM2.5 Redesignation Request and Maintenance Plan

Redesignation Request

- May 28, 2013 Maintenance Plan

- May 28, 2013 Appendices Baltimore Serious Nonattainment Area 0.08 ppm 8-Hour Oz one State Implementation Pl an Demonstrating Rate o f Progress for 2008, 2011 and 2012 Revision to 2002 Ba se Year Emissions; and Serious Area Attainment Demonstration

SIP Document

- June 17,2013 Appendices A

- E

Appendices A Projection Year Emissions Inventories Appendix C Regulatory Support Information Appendix D RACM Measures List Appendix E Mobile Budget Documentation Appendix F Attainment Demonstration

F1

- F11 F13

- 14 Appendix B - Reasonable Further Progress Calculations Detail Spreadsheet - Large file not available for download -- Please con tact the Ai r Quality Planning Program at (410) 537-3240 to request a copy. Maryland.gov Phone Directory State Agencies Online Services
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email friend print page Air and Radiatio n Air Qualit y Plannin g HOME MARYLANDER ABOUT MDE PERMITS NEWSROOM 

### Air Quality Planning 12/21/2015 9:08:55 AM

http://www.mde.state.md.us/programs/Air/AirQuali tyPlanning/Pages/programs/airprograms/air_planning/index....Recycled Paper www.mde.maryland.gov TTY Users 1-800-735-2258 Via Maryland Relay Service 

## MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard  Baltimore MD 21230

410-537-3000  1-800-633-6101  www.mde.maryland.gov

December 18, 2015

CERTIFICATE OF PUBLICATION

This is to certify that the “Notice of Public Hearing on the Maryland State Implementation Plan for Clean Air Act Section 128 for all National Ambient Air Quality Standards” was published on MDE’s website on December 18, 2015. It will remain posted on the site until February 2, 2016. The notice in full with links may be found in the following web address: http://www.mde.state.md.us/aboutmde/AboutMD EHome/Pages/aboutmde/reqcomments.aspx Web publication of the notice was at the request of Molla K. Sarros, MPH, EHS, Air Quality Planning Program, of the Air and Radiation Ma nagement Administration of MDE. By:

Joseph E. Herb, Jr. MDE Webmaster

Attachments: Copy of web page as published. Larry Hogan Governor Boyd Rutherford Lieutenant Governor Ben Grumbles SecretaryRecycled Paper www.mde.maryland.gov TTY Users 1-800-735-2258 Via Maryland Relay ServiceMolla Sarros -MDE- <molla.sarros@maryland.gov>


### NOTICE: Public Hearing on Clean Air Act Se c. 128 State Implementation Plan (SIP)
Molla Sarros -MDE- <molla.sarros@maryland.gov> Wed, Dec 23, 2015 at 2:55 PM To: "cecily.beall@dc.gov" <cecily.beall@dc.gov>, Francis.Steit z@dep.nj.gov, "mgdowd@deq.virginia .gov" <mgdowd@deq.virginia.gov> , "tmthompson@deq.virginia.gov" <tmthompson@deq.virginia.gov>, "M irzakhalili, Ali" <ali.mirzak halili@state.de.us>, "ranbordner@st ate.pa.us" <ranbordner@state.pa.us>, "Joyce E. Epps" <j eepps@state.pa.us>, W illiam.F.Durham@wv.gov Cc: "Fernandez.Cristina@epa.gov" <fernandez.crist ina@epa.gov>, "Powers.Marilyn@epa.gov" <Powers.Marilyn@epa.gov>, David Arnold <arnold.david@epa.gov>, "Knapp.Ruth @epamail.epa.gov" <Knapp.Ruth@epama il.epa.gov>, Angelo Bianca -MDE- <angelo.bianca@maryland.gov>, George Aburn -MDE- <george.aburn@maryland.gov>, Brian H ug -MDE- <brian.hug@maryland.gov>, Roger Thunell -MDE- <roger.thunell@maryland.gov>, Randy Mosier -MDE- <randy.mosier@maryland.gov>, Carolyn A Jones -MDE- <carolyna.jones@maryland.gov>, Molla Sarros -MDE- <molla.sarros@ maryland.gov>, Molly Berger -MDE- <molly.berger@maryland.gov>, Alexandra Brun -MDE- <alexandra.krempasanka@maryland.gov>

EMAIL NOTICE: Attached for your information and shown in th e message below is the notice of an upcoming hearing on February 1, 2016, at 11:00 am, regarding a Maryland Department of the Environment (MDE) State Implementation Plan (SIP) for air quality: Public Hearing on the Maryland State Implem entation Plan for Clean Air Act Section 12 8 for all National Ambient Air Quality Stan dards If I can provide further information, please contact me at (410) 537-4180

. Regards, Molla Sarros

==================================================================== 

### Notice of Public Hearing on Air Quality Plan

The Maryland Department of the Environment (MDE) gives notice of a public hearing concerning the Maryland State Implementation Plan for Clean Air Act Section 128 for all National Ambient Air Quality Standards

A public hearing will be held on:

Monday, February 1, 2016, at the Maryla nd Department of the Environment, 1800 Wash ington Boulevard, Baltimore, Maryland 21230 – First Floor Conference Room –11:00 A.M. The State Implementation Plan (SIP) above addresses federal requirements for all National Ambient Air Quality Standards (NAAQS) for the disclosure of potential conflicts of interest by State boards and agency head s that approve permits or enforcement orde rs. The NAAQS address six air pollutants: carbon monoxide, lead, sulf ur dioxide, nitrogen dioxide, particulate matter, and ozone. The public hearing will be held on February 1, 2016 at 11:00 A.M. at the Maryland Depart ment of the Environment (MDE) headquarters located at 1800 Washingt on Boulevard, First Floor Conferen ce Room, Baltimor e, Maryland, 21230. The public hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410 (a) and 40 CFR 51.102).
After consideration of comments re ceived, the plan will be finalized and submitted to the United States Environmental Protectio n Agency (EPA) for approval. The proposed plan document has been made available on the Maryland Department of th e Environment's website at http://www.mde.state.md.us/programs/Ai r/AirQualityPlanning/Pages/programs/ airprograms/air_pl anning/index.aspx .Note: the public library systems in the region can be used for Internet access to view the document. Copies of the document can be viewed at the offices of the Maryland Department of the Environment, Air and Radiation Management Administration, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland. For more informat ion, contact Molla Sarros at (410) 537-4180

. 

### Maryland.gov Mail - NOTICE: Pu... 12/23/2015 2:56:32 PM

https://mail.google.co m/mail/u/0/?ui=2&ik=15d2ab0a3d&vie w=pt&search=sent&msg=151d068de51416d5&si...Comments may be sent to Molla Sarr os, Maryland Department of the Environm ent, Air and Radiation Management Administration, 1800 Washington Boulevard, Suite 730, Baltimore, MD, 21230; emailed to Molla.Sarros@Maryland.gov ; or faxed to (410) 537-4223 , attn: Molla Sarros. Comments must be received by 5:00 P.M. on February 1, 2016, or be submitted at the hearing. Persons in need of special accommodations should co ntact the Department's Offi ce of Fair Practices at (410) 537-3964 at least five (5) business days in advance of the hearing. TTY users shou ld contact the Department through the Maryland Relay Service at 1- (800) 735-2258

. For more information, contact Molla Sarros at (410) 537-4180 (Toll free in Maryland call 1-(800) 633-6101 ext. 4180 ) or via email at Molla.Sarros@Maryland.gov

.

-- Molla K. Sarros, MPH, EHS A ir Quality Planning Program Maryland Dept. of the Environment 1800 Washington Blvd, Suite 730 Baltimore MD 21230-1720 phone: 410-537-4180 molla.sarros@maryland.gov 

### Maryland.gov Mail - NOTICE: Pu... 12/23/2015 2:56:32 PM

https://mail.google.co m/mail/u/0/?ui=2&ik=15d2ab0a3d&vie w=pt&search=sent&msg=151d068de51416d5&si...Molla Sarros -MDE- <molla.sarros@maryland.gov>


### NOTICE: Public Hearing on Clean Air Act Sec. 128 State Plan
Molla Sarros -MDE- <molla.sarros@maryland.gov> Wed, Dec 23, 2015 at 4:40 PM To: vgardina@baltimorecountymd.gov, elizabet h.feldt@montgomerycountymd.gov, mb.haller@ baltimorecity.gov, wbridges@baltimorecoun tymd.gov, patrick.panuska@maryland.gov, Hdchan22@aac ounty.org, fredia.wadley@maryland.gov, DLAllCountyEnvironmentalHealthDirectors_MDE@maryla nd.gov, DLAllCountyHealthOfficers_MDE@maryland.gov Cc: Molla Sarros -MDE- <molla.sarros@maryland.gov>, Roger Thunell -MDE- <roger.thunell@maryland.gov>

EMAIL NOTICE: Attached for your information and shown in th e message below is the notice of an upcoming hearing on February 1, 2016, at 11:00 am, regarding a Maryland Department of the Environment (MDE) State Implementation Plan (SIP) for air quality: Public Hearing on the Maryland State Implem entation Plan for Clean Air Act Section 12 8 for all National Ambient Air Quality Stan dards If I can provide further information, please contact me at (410) 537-4180

. Regards, Molla Sarros

==================================================================== 

### Notice of Public Hearing on Air Quality Plan

The Maryland Department of the Environment (MDE) gives notice of a public hearing concerning the Maryland State Implementation Plan for Clean Air Act Section 128 for all National Ambient Air Quality Standards

A public hearing will be held on:

Monday, February 1, 2016, at the Maryla nd Department of the Environment, 1800 Wash ington Boulevard, Baltimore, Maryland 21230 – First Floor Conference Room –11:00 A.M. The State Implementation Plan (SIP) above addresses federal requirements for all National Ambient Air Quality Standards (NAAQS) for the disclosure of potential conflicts of interest by State boards and agency head s that approve permits or enforcement orde rs. The NAAQS address six air pollutants: carbon monoxide, lead, sulf ur dioxide, nitrogen dioxide, particulate matter, and ozone. The public hearing will be held on February 1, 2016 at 11:00 A.M. at the Maryland Depart ment of the Environment (MDE) headquarters located at 1800 Washingt on Boulevard, First Floor Conferen ce Room, Baltimor e, Maryland, 21230. The public hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410 (a) and 40 CFR 51.102).
After consideration of comments re ceived, the plan will be finalized and submitted to the United States Environmental Protectio n Agency (EPA) for approval. The proposed plan document has been made available on the Maryland Department of th e Environment's website at http://www.mde.state.md.us/programs/Ai r/AirQualityPlanning/Pages/programs/ airprograms/air_pl anning/index.aspx .Note: the public library systems in the region can be used for Internet access to view the document. Copies of the document can be viewed at the offices of the Maryland Department of the Environment, Air and Radiation Management Administration, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland. For more informat ion, contact Molla Sarros at (410) 537-4180

. Comments may be sent to Molla Sarr os, Maryland Department of the Environm ent, Air and Radiation Management Administration, 1800 Washington Boulevard, Suite 730, Baltimore, MD, 21230; emailed to Molla.Sarros@Maryland.gov ; or faxed to (410) 537-4223 , attn: Molla Sarros. Comments must be received by 5:00 P.M. on February 1, 2016, or be submitted at the hearing. 

### Maryland.gov Mail - NOTICE: Pu... 2/4/2016 8:43:29 AM

https://mail.google.co m/mail/u/0/?ui=2&ik=15d2ab0a3d&vie w=pt&search=sent&msg=151d0c9b36da535b&si...Persons in need of special accommodations should co ntact the Department's Offi ce of Fair Practices at (410) 537-3964 at least five (5) business days in advance of the hearing. TTY users shou ld contact the Department through the Maryland Relay Service at 1- (800) 735-2258

. For more information, contact Molla Sarros at (410) 537-4180 (Toll free in Maryland call 1-(800) 633-6101 ext. 4180 ) or via email at Molla.Sarros@Maryland.gov

.

-- Molla K. Sarros, MPH, EHS A ir Quality Planning Program Maryland Dept. of the Environment 1800 Washington Blvd, Suite 730 Baltimore MD 21230-1720 phone: 410-537-4180 molla.sarros@maryland.go v Hearing Notice_128_SIP.pdf 26K 

### Maryland.gov Mail - NOTICE: Pu... 2/4/2016 8:43:29 AM

https://mail.google.co m/mail/u/0/?ui=2&ik=15d2ab0a3d&vie w=pt&search=sent&msg=151d0c9b36da535b&si...

### 1 Statement of the Air and Radiat ion Management Administration Maryland Department of the Environment For the Public Hearing concerning the Maryland State Implementation Plan for Clean Ai r Act Section 128 for all National Ambient Air Quality Standards February 1, 2016 Good morning. My name is Alexandra Brun. I am a Natural Resources Planner in the Planning and Policy Division, Air Quality Planning Program of the Air & Radiation Management Administration, Maryland Department of the Environment. This public hearing is related to the air quality plan entitled the Maryland State Implementation Plan for Clean Air Act Section 128 for all National Ambient Air Quality Standards

. This public hearing is being held pursuant to federa l law found at 42 U. S. C. § 7410(a) and 40 CFR Parts 51.102 and 251. It is also being held in conformance with the State Administrative Procedure Act, under the State Government Article, beginning at Section 10-101. Notice of this public hearing appeared in the Maryland Register , Volume 42, Issue 26, dated Monday, December 28, 2015. The notice was also posted on the Maryland Department of the Environment's website on December 18, 2015, and remained on the website through the date of today's hearing. Copies of each the public hearing notice and the proposed Maryland State Implementation Plan for Clean Air Act Section 128 for all National Ambient Air Quality Standards will be part of the formal hearing record. Access to the proposed document was made available via the website of the Maryland Department of the Environment. Hard copies were also available at the Maryland Department of the Environment. The purpose of this hearing is to provide the public with an opportunity to formally comment on the proposed document. Summary of the Maryland State Implementation Plan for Clean Air Act Section 128 for all National Ambient Air Quality Standards The Clean Air Act was passed in 1970 to protect public health and welfare. Congress amended the Act in 1990 to establish requirements for areas not meeting the National Ambient Air Quality Standards (NAAQS). The Clean Air Act Amendments established a process for evaluating air quality in each region and identifying nonattainment areas according to the severity of its air pollution problem. The Clean Air Act sets health standards for six ambient polluta nts: carbon monoxide, sulfur dioxide, nitrogen oxides, ozone, lead and particulate matter. The Environmental Protection Agency establishes rules and regulations to implement the Clean Air Act. The purpose of this Maryland State Implementation Plan is to address federal requirements for all

### 2 National Ambient Air Quality Standards (also called “NAAQS”) for the disclosure of potential conflicts of interest by State boards and agency heads that approve permits or enforcement orders. The NAAQS address six air pollutants: carbon monoxide, lead, sulfur dioxide, nitrogen dioxide, particulate matter, and ozone. The attached State Implementation Plan addresses Maryland's obligations under §128 of the Clean Air Act.
CONSIDERATION OF COMMENTS The Department will consider all pertinent comments, and revise the proposed plan if necessary, before making a final decision to adopt the plan and submit it to the U.S. Environmental Protection Agency for approval as a Maryland State Implementation Plan. Oral and written comments may be presented at this hearing. The 30-day public comment period that began on December 28, 2015, for receipt of all comments to the plan will close at 5:00 PM today.1
1 

### MARYLAND DEPARTMENT OF THE ENVIRONMENT
2 

### AIR AND RADIATION MANAGEMENT ADMINISTRATION

3
4
5

6 

### PUBLIC HEARING CONCERNING

7 

### MARYLAND STATE IMPLEMENTATION PLAN
8 

### FOR CLEAN AIR ACT SECTION 128

9 

### FOR ALL NATIONAL AMBIENT AIR QUALITY STANDARDS
10
11


### 12 The hearing in the above matter commenced on 13 Monday, February 1, 2016, at the MOE Headquarters,
14 Montgomery Park, 1800 Washington Boulevard, Baltimore,
15 Maryland.
16
17 BEFORE: MOLLA SARROS, Hearing Officer
18
19
20 Reported by: Linda Metcalf
21

For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555**~** .'. 2


### 1 APPEARANCES


### 2
3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT:
4
5 MOLLA SARROS


### 6 Natural Resources Planner
7 Air and Radiation Management
8 Maryland Department of the Environment
9 1800 Washington Boulevard, Suite 730
10 Baltimore, Maryland 21230
11
12 ALEXANDRA BRUN


### 13 Air and Radiation Management Administration
14 Maryland Department of the Environment
15 1800 Washington Boulevard, Suite 730
16 Baltimore, Maryland 21230
17
18
19
20
21

For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555**-~** 

## . 3


### 1 

### I N 0 E X
2
3 Page:
4 Opening Remarks, Molla Sarros, MOE 4
5 Hearing Statement, Alexandra Brun, MOE 6
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For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555

## .. 4


### 1 P R 0 C E E D I N G S
2
3 MS. SARROS: If the court reporter would turn
4 on the equipment, we will begin. Good morning. On
5 behalf of the Department of the Environment and the Air
6 and Radiation Management Administration, I would like to
7 welcome you to this public hearing.
8 My name is Molla Sarros and I am a Natural
9 Resources Planner in the Air and Radiation Management
10 Administration. I will serve as hearing officer for
11 today's hearing.
12 I would like to ask all of you in attendance
13 today to please sign in, if you haven't already done so.
14 This will help us to keep an accurate record of the
15 people who participate in the hearing. Also, copies of
16 the proposed State Implementation Plan and the
17 Department's statement are available on the table for
18 your information.
19 This hearing concerns the Maryland State
20 Implementation Plan for Clean Air Act Section 128 for all
21 National Ambient Air Quality Standards.

For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-55555
1 

### The purpose of this hearing is to give you the

2 

### opportunity to comment on this proposed plan, which
3 

### updates the Maryland Code statutory citations addressing
4 

### Clean Air Act Section 128 for all National Ambient Air
5 

### Quality Standards.

6 

### Notice of this public hearing has appeared as
7 

### follows:
8 

### On the Maryland Department of the Environment's

9 

### website, "Public Hearings, Meetings, and Request for
10 Comments" page on December 18, 2015, and remained on the
11 

### website through today's hearing.
12 And in the Maryland Register, Volume 42, Issue
13 26, Monday, December 28, 2015.
14 The hearing will proceed in the following
15 order. First, I will introduce Ms. Alexandra Brun, the
16 representative of the Air and Radiation Management
17 Administration, who will make a statement. After Ms.
18 Brun is finished, I will call on any elected official or 

### 19 government official who wants to make a statement. Then,
20 I will call upon anyone else who indicated on the sign-in
21 sheet that he or she would like to make a statement.

For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-55556
1 

### That being said, let the record show that the
2 

### time is now 11:46 on February 1, 2016. This hearing was
3 

### scheduled for an 11:00 AM start time. There are no
4 

### persons in the audience wishing to make any statements on
5 

### the record, so we request that the court reporter please

6 

### enter the hearing statement into the record at this time.

7
8 

### Statement of the Air and Radiation Management

9 

### Administration
10 Maryland Department of the Environment
11 

### For the Public Hearing concerning the
12 Maryland State Implementation Plan for Clean Air Act
13 Section 128 for all National Ambient Air Quality
14 Standards
15 February 1, 2016
16 Good morning. My name is Alexandra Brun. I am
17 a Natural Resources Planner in the Planning and Policy
18 Division, Air Quality Planning Program of the Air &
19 Radiation Management Administration, Maryland Department
20 of the Environment.
21 This public hearing is related to the air



### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-55557
1 

### quality plan entitled the 

### Maryland State Implementation
2 

### Plan for Clean Air Act Section 128 for all National

3 

### Ambient Air Quality Standards.
4 

### This public hearing is being held pursuant to
5 

### federal law found at 42 U. S. C. § 

### 7410(a) and 40 CFR

6 

### Parts 51.102 and 251. It is also being held in

7 

### conformance with the State Administrative Procedure Act,

8 

### under the State Government Article, beginning at Section

9 

### 10-101.
10 Notice of this public hearing appeared in the
11 

### Maryland Register, Volume 42, Issue 26, dated Monday,
12 December 28, 2015. The notice was also posted on the
13 Maryland Department of the Environment's website on
14 December 18, 2015, and remained on the website through
15 the date of today's hearing

. 16 Copies of each the public hearing notice and
17 the proposed 

### Maryland State Implementation Plan for
18 

### Clean Air Act Section 128 for all National Ambient Air
19 

### Quality Standards will be part of the formal hearing
20 record.
21 Access to the proposed document was made

For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-55558
1 

### available via the website of the Maryland Department of

2 

### the Environment. Hard copies were also available at the

3 

### Maryland Department of the Environment.

4 

### The purpose of this hearing is to provide the
5 

### public with an opportunity to formally comment on the

6 

### proposed document.

7 

### Summary of the 

### Maryland State Implementation

8 

### Plan for Clean Air Act Section 128 for all National

9 

### Ambient Air Quality Standards.
10 The Clean Air Act was passed in 1970 to protect
11 

### public health and welfare. Congress amended the Act in
12 1990 to establish requirements for areas not meeting the
13 National Ambient Air Quality Standards (NAAQS). The
14 Clean Air Act Amendments established a process for
15 evaluating air quality in each region and identifying


### 16 nonattainment areas according to the severity of its air
17 pollution problem. The Clean Air Act sets health
18 standards for six ambient pollutants: carbon monoxide,
19 sulfur dioxide, nitrogen oxides, ozone, lead and
20 

### particulate matter. The Environmental Protection Agency
21 establishes rules and regulations to implement the Clean



### For The Record, Inc. (301) 870-8025 

### -www.ftrinc.net- (800) 921-55559
1 

### Air Act.

2 

### The purpose of this 

### Maryland State

3 

### Implementation Plan is to address federal requirements
4 

### for all National Ambient Air Quality Standards (also


### 5 called "NAAQS") for the disclosure of potential conflicts

6 

### of interest by State boards and agency heads that approve
7 

### permits or enforcement orders. The NAAQS address six air
8 

### pollutants: carbon monoxide, lead, sulfur dioxide,

9 

### nitrogen dioxide, particulate matter, and ozone.
10 The attached State Implementation Plan

11 

### addresses Maryland's obligations under §128 of the Clean
12 Air Act.
13 

### CONSIDERATION OF COMMENTS
14 The Department will consider all pertinent
15 comments, and revise the proposed plan if necessary,
16 before making a final decision to adopt the plan and
17 submit it to the U.S. Environmental Protection Agency for
18 approval as a Maryland State Implementation Plan. Oral
19 and written comments may be presented at this hearing.
20 The 30-day public comment period that began on December
21 28, 2015, for receipt of all comments to the plan will



### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555

### 10
1 

### close at 5:00 PM today.

2
3 

### MS. SARROS: This will conclude the public
4 

### hearing regarding the Maryland State Implementation Plan


### 5 for Clean Air Act Section 128 for all National Ambient

6 

### Air Quality Standards.

7 

### Thank you, and the court reporter may close the

8 

### record.

9 

### (Whereupon, the hearing was concluded.)
10
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### 20
21

For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-555511
1 

### CERTIFICATE OF COURT REPORTER

2
3 

### I, Linda Metcalf, do hereby certify that the
4 

### foregoing transcription was reduced to typewriting via
5 

### audiotapes recorded by me; that I am neither counsel for,

6 

### nor related to, nor employed by any of the parties to the

7 

### case in which these proceedings were transcribed; that I
8 

### am not a relative or employee of any attorney or counsel
9 

### employed by the parties hereto, nor financially or
10 otherwise interested in the outcome of the action.
11


### 12
13
14 LINDA METCALF
15 Court Reporter
16
17
18
19
20
21



### For The Record, Inc. (301) 870-8025 -www.ftrinc.net - (800) 921-5555

### MDE MARYLAND DEPARTMENT OF T H E E NVI RO NM E N T A I R AND RADIA TI O N MANA GEM E N T ADM I NISTRATION
P ublic Hearing Concern i ng Maryland St ate Imp l ementation Plan fo r Cl ean Air Ac t Section 128 for All National Ambient Air Qualit y St andard s F

ebruary 1, 2 01 6, 1 1 : 00 AM



### Na me Sig na t ur e A dd r e ss O r g a nization or Do You How did you find out (please p rin t} 

### A ffilia tion W ish To about this hea rin g? Testify? ( Maryland Regis t er , M OE W e b s it e, friend/famil , etc. 

# fV1 a/la_

# ~1110**.** 

# m (5()()**ua~h** I

# MJ>**~** 

# No**~f hct'~e--s\ctW**  B/v4_.



# /Ms. Molla Sarros, M.P.H. Air Quality Planning Program Maryland Department of the Environment 1800 Washington Boulevard Baltimore, MD 21230
STATE CLEARINGHOUSE REVIEW PROCESS

State Application Identifier: MD20151224-1083 Larry H oga n , Gov e rnor D av i d A. Cr a ig

. Secret ary B oy d R utherford. Lt

. Go v ernor W e nd i W

. Pe ter s. Deputy S ecretary

January 6, 20 16

Project Description: Maryland State Implementation Plan (SIP) for the Clean Air Act, Section 128 for all National Ambient Air Quality Standards Public Hearing on February I, 2 016 at 11 : 00 a.m. and Comments by 5 pm, First floor Conference Room, MOE 1800 Washington Blvd

. Baltimore, Maryland Project Location: Maryland Clearinghouse Contact: La Verne Gray
Dear Ms. Sarros : Thank you for submittin g your project for intergovernmental review. Participation in the Maryland Intergovernmental Review and Coordination (MIRC) process helps ensure project consistency with plans, programs, and objectives of State agencies and local governments.
N otice of your application is bein g provided to State and local public officials throu g h the /11tergovemme11tal Monitor, which is a database of project s received by the State Clearin g house for Inter g overnmental Assistance. This in fo r mation may be v i

ewed at h tt p : / /p l a n n i n g. rn ary l a nd

. g ov /e m i rc p ub l ic /. The project has been as s igned a unique State Application Ident i fier that should be used on all document s and correspondence.
A "Project Status Form" has been enclosed and should be completed and returned afier you receive notice that your project was approved or not approved

. All Ml RC requirements have been met in accordance with Code of Maryland Re g ulations (COMAR 34.02

. 01

. 04-.06) and this concludes the review process fo r the above referenced project. Jfyou need ass i st a nce or have questions, cont a ct the St a te Clearin g house st a ff noted above a t 410-767-4490 or through e-mail at laveme .g ray @ maryland

. gov
. Thank you for your coopera t ion with the MIRC process
.

LCJ:LG E nclosurc(s) cc : U.S

. Environmental Protection A g ency
/5-1083

_ NMNE W. doc Sincerely,

# ~t..~~ Linda C. Janey, J.D., Assistant Secretary

301 W es t Pr es ton S t r e et • S u ite 1101

- B a lt i mor e - M a ryl a nd

- 2 1 2 01 T e l: 410

. 767 .4 5 00 • T oll F r ee : 1

. 8 77

. 76 7

. 6 2 7 2

- TTY u se rs : M a ryl a nd R e l ay - P l a nning.Maryl a nd .g o vMolla Sarros -MDE- <molla.sarros@maryland.gov>


### NOTICE: Public Hearing on Clean Air Ac t Sec. 128 State Implementation Plan 2 messages
Molla Sarros -MDE- <molla.sarros@maryland.gov> Wed, Dec 23, 2015 at 5:43 PM To: "clearinghouse@mdp.state.md.us" <clearinghouse@mdp.state.md.us> Cc: Roger Thunell -MDE- <roger.thunell@maryland.gov>



### Dear Ms. Janey: Attached is a Maryland Department of the Environment (MDE) letter al ong with two copies of the state implementation plan (SIP) below. One copy shows the revisions from the previous, federally-approved plan, while the other copy show s just the final language.

M ar

y land State Implementation Plan f or Clean Air Ac t Section 128 for all National Ambient Air Quality Standards
This plan addresses federal requirements for all Na tional Ambient Air Quality Standards (NAAQS) for the disclosure of potential conflicts of interest by State boards and agency heads that approve permits or enforcement orders. The NA AQS address six air polluta nts: carbon monoxide, lead, sulfur dioxide, nitrogen dioxide, particulate matter, and ozone. A public hearing regarding this plan will be held on February 1, 2016 at 11:00 AM. If I can provide further information, please contact me at 410-537-4180

. Best, Molla

-- Molla K. Sarros, MPH, EHS Air Quality Planning Program Maryland Dept. of the Environment 1800 Washington Blvd, Suite 730 Baltimore MD 21230-1720 phone: 410-537-4180 molla.sarros@maryland.gov

3 attachments Letter2Clearinghse_128SIP.pdf 275K Sec128SIP_Markup_23Nov2015.pdf 1025K Sec128SIP_FinalLanguageOnly_23Nov15.pdf 911K 

### Maryland.gov Mail - NOTICE: Pu... 12/24/2015 11:34:11 AM

https://mail.google.com/mail/u/0/?ui=2&ik=15d2ab0a3d&view= pt&search=drafts&th=151d102e21fa6322&sim...Molla Sarros -MDE- <molla.sarros@maryland.gov> Thu, Dec 24, 2015 at 11:33 AM To: "clearinghouse@mdp.state.md.us" <clearinghouse@mdp.state.md.us> Cc: Roger Thunell -MDE- <roger.thunell@maryland.gov>, Molla Sarros -MDE- <mo lla.sarros@maryland.gov>

Dear Sofia: In follow up to our conversation earlier th is morning, attached is one slightly revised copy of the state implementation plan, the clean copy document we sent you late yesterday. I have taken the yellow highlighting off of the cover page, removed the placeholder for the MDE SI P number, and added a "DRAFT" watermark to all of the pages of the SIP. This document is out for public comment, so we will nee d to keep the "DRAFT" demarcation on it. Also, I've attached a revised copy of our cover letter to you, indicating the Web site where we have the markup copy of the document. Please distribute just th e clean copy, but please let the other agencies know the Web page where they can find the markup copy. We appreciate it. Best, Molla [Quoted text hidden]
2 attachments Sec128SIP_NewSIPOnly_23Nov15.pdf 1390K Letter2Clearinghse_128SIP_24dec.pdf 290K 

### Maryland.gov Mail - NOTICE: Pu... 12/24/2015 11:34:11 AM

https://mail.google.com/mail/u/0/?ui=2&ik=15d2ab0a3d&view= pt&search=drafts&th=151d102e21fa6322&sim...

# MDE MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washin g ton Boulevard • Baltimore MD 21230

Larry Ho g an Governor 

### 410-537-3000 • 1-800-633-6101 • www.mde

. maryland

. gov

Boyd Ruth erf ord L

i eut e nant Gov erno r



### Decemb e r 23, 2015

Linda C. Janey, J

. D. Assist a nt Secretary for Clear i n g house and Communicat i ons Clea r in g house Review Unit Ma r yland State Cle ari n g house for Int e r g ov e rnmental Assistanc e Maryland Office o f Plannin g 301 West Preston Street Baltimore MD 21201
Dear Ms. Jane y: Ben G ru m ble s Sec re t ary



### I am enclosin g 

### a copy of the 

### Maryland State lmpleme11tation Pla11 for Clean Air Act Section 128 for all National Ambient Air Quality Sta11dards. This state implementation plan (SIP) document addresses f e deral requirem e nt s for the disclosur e of pot e ntial connicts of int e rest by Sta te boards a n d
a g e n c y heads that approve permits or e nforcement ord ers. This SIP docum e nt modifies an existin g air quality plan for th e State of Maryland.
A public h e arin g on the proposed document 

### will b e h e ld on Monday, February I, 2016, at 11 :00 A.M. at 

### lhe Maryland Department of the E nvironment, 1800 Washin g ton Boulevard, Baltimore, Maryland 21230

- F irst Floor Conference Room

. Comments on the docum e nts mu s t be received by 5 : 00 P.M. on February 

### I, 2016.
The hearin g will be held 

### as requir e d by fed e ral Jaw (Clean Air Act at 

### 42 U.S.C. 

### 7410 (a) a n d 

### 40 CFR 51. 102). I f you have any questions or comm e nts on thes e docum e nts, please f eel free to call me at (410) 

### 537-4180 or email me al rn olla. s arros @ mar y land. g ov
.

Enclosu r e

## ~ Rcc yc h

.. '<l l' a pc r 

### Sincerely,

# ufl(a_~ Molla Sarr os Natural Resources Planner Air Quality Plannin g Pro g ram Air and Radiat i on Mana g ement Ad m inistration



### www .mde.maryland. g ov 1TY**U.~ ~TS** **4< 1Nl** **7:\ ~22** **5H** Via M a ry w nd R e la y Sc rv. c c

# MDE MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard • Baltimore MD 21230

Larry Ho g an Governor 

### 410-537-3000 • 1-800-633-6101 • www.mde.maryland. g ov

Boyd Ruth e rford Lieuten an t Governor



### Dece m b e r 24, 2015
Linda C. Janey, J.D. Assistant Secretary for Clearinghouse and Communicat i ons Clearin g house Review Unit Maryland Stale Clearin g house for Inter g overnmental Assistanc e Maryland Department of Planning 

### 30 l West Preston Street, Suite J 

### I 04 Baltimore, MD 21201
Dear Ms

. Janey: Ben Grumble s Secretary



### I am e nclosin g a copy of the 

### Maryland State lmpleme11tation Plallfor Clean Air Act Section 128/or all National Ambient Air Quality Sta11dards. This stat e implementation plan (SIP) document addresses fe deral requirem e nts for 

### th e disclosure of pot e ntial conflicts of int e rest by State boards and a g ency heads that approve permits or enforcement orders. This SIP document modifies an existin g air quality plan fo r 

### the State of Maryland. Pleas e s e e htt p ://www. mde. s tate. md.us/ v ro g rams/ Air/ Ai rQ ual it y Plann in g/ Pa g e s/ p ro g rams/ai m ro g rams/ai r p lanni
n g /index.as p x for a comparison of th e atta c h e d J 

### 28 SIP to t he 201 3 version

. A public hearin g on the proposed document will be held on Monday, February 

### I, 2016, al 

### JI :00 A.M

. at the Maryland Department of th e Environm e nt, 

### 1800 Washin g ton Boulevard, Baltimore , Maryland 

### 21230- F i rst Floor Con fe rence Room

. Comm e nts on the documents must 

### be received by 

### 5:00 P.M

. on February 

### 1, 2016.
The hearin g wiJJ be held as required by fed e ral law (Clean Air Act at 

### 42 U.S.C. 

### 7410 (a) and 

### 40 CFR 

### 51. l 02). 

### If you have a n y que s t i ons or comm e nts on these do c uments, please feel free to call me at 

### (410) 537-4180 

### or email me al molla.sarros @ mar y land. g ov
.

Enclosur e

## ~ Recycled

## l'**pe r** 

# ~4~ Molla Sarros Natural Resources Plann e r Air Quality Plannin g Program Air and Rad i at i on Mana g em e nt Administration



### www.mde.maryland. g ov 1TY U s e r; l

- 8 1KI

-**?l: 'i** **H** Vid M a ryl a n d Rel a y Se rv i ce1 

### MARYLAND DEPARTMENT OF THE ENVIRONMENT
RESPONSE TO COMMENTS Received at the PUBLIC HEARING and in SUBMISSIONS Hearing held on February 1, 2016 in Baltimore, Maryland In relation to Maryland State Implementation Plan for Clean Air Act Section 128 for All National Ambient Air Quality Standards

Dates and Locations: A public hearing was held on February 1, 2016 at Maryland Department of the Environment (MDE) Headquarters, 1800 Washington Boulevard, Baltimore, Maryland 21218. The Hearing and Comment Period: The public hearing allowed public comment on a document prepared for the U.S. Environmenta l Protection Agency pertaining to the state implementation plan (SIP) above. This SIP addresses the requirem ents for all criteria pollutants’ national ambient air quality standa rds (NAAQS) in relati on to state boards and agency heads and disclosure of potential confli cts of interest. This SIP was released for public comment and review on December 18, 2016, on the MDE Web site and on December 28, 2016, in the Maryland Register . Prior to the hearing, the public was urged to express their concerns via the standard U. S. Postal Service mail, by fax, or by email submission.
Statement: At the hearing, Molla Sarros served as the hearing officer. No one showed up for the hearing, so the hearing statemen t of Alexandra Brun, Natural Resources Planner representing the Air Quality Pla nning Program of the Air and Radiation Management Administration, was subm itted into the hearing record. Comments and Responses: No comments were received at the hearing, and no comments at all were received during the comment period.