1

Maryland Department of the Environment 

Attachment to Consistency Update Letter Dated 5/6/16

The following rules have been revised since January 8, 2014 under the Code of Maryland 

Regulations (COMAR) Title 26 Subtitle 11: 

COMAR 26.11.01-—General Administrative Provisions 

 Final Effective Date 7/20/15 – Amendments to Regulation .01 – Cement (with 26.11.09)

o NPA published 4/17/15   

o NFA published 7/10/15  

 Effective Date 2/15/16 – Amendments to Regulation .01 & .10 – CEMS (with 26.11.08)

o NPA published 11/13/15   

o NFA published 2/5/16   

COMAR 26.11.02—Permits, Approvals, and Registrations 

 Final Effective Date 12/10/15 – Amendments to Regulations .02,.07, .11 & .12   

o NPA published 9/4/15   

o NFA published 11/30/15

COMAR 26.11.08—Control of Incinerators (same action as 26.11.01 CEMs 2/15/16) 

 Final Effective Date  2/15/16 – Amendments to Regulations .01, .04, .07 &.08  

o NPA published 11/13/15   

o NFA published 2/5/16   

COMAR 26.11.09—Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines and Certain Fuel-Burning Installations

Final Effective Date March 3, 2014—Amendments to Regulation .08C Kraft Pulp Mills

o NPA published 11/13/15   

o NFA published 2/21/14  

Final Effective Date April 28, 2014– Amendments to Regulations .01, .04,.06, .07, .09, .10, .12  

Biomass

o NPA published 1/24/14   

o NFA published 4/18/14   
2

Final Effective Date July 20, 2015 – Amendments to Regulation 08H & I (with 26.11.01 Cement)

o NPA published 4/17/15   

o NFA published 7/10/15  

COMAR 26.11.13—Control of Gasoline and Volatile Organic Compound Storage and 

Handling 

 Final Effective Date  7/21/14 – Amendments to Regulations for Transflo

o NPA published 4/18/14   

o NFA published 7/11/14

COMAR 26.11.19—Volatile Organic Compounds from Specific Processes– One 

Amendment effective September 28, 2015 

 Final Effective Date  5/26/14 – Amendments to Regulation .08 (Metal Parts)

o NPA published 11/15/13   

o NFA published 5/16/14  

 Final Effective Date 9/28/15 – Amendments to Regulations .26 & .26‐1 Fiberglass boats  

o NPA published 6/26/15   

o NFA published 9/18/15

New Chapter COMAR 26.11.39—Architectural Coatings Regulations .01 - .08 – One 

Amendment effective April 25, 2016. After 1/1/2017, COMAR 26.11.33 is no longer the 

controlling regulation for this category and will be repealed. 

 Final Effective Date April 25, 2016 – New Regulations   

o NPA published 1/22/16  

o NFA published 4/15/16  
PROPOSED ACTION ON REGULATIONS 

621

MARYLAND REGISTER, VOLUME 42, ISSUE 8, FRIDAY, APRIL 17, 2015 

Title 26

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Notice of Proposed Action 

[15-115-P]

The Secretary of the Environment proposes to: 

(1) Amend Regulation .10 under COMAR 26.11.01 General 

Administrative Provisions;

(2) Amend Regulation .08 under COMAR 26.11.09 Control of 

Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuel-Burning Installations; and 

(3) Adopt new Regulations .01 — .08 under a new chapter, 

COMAR 26.11.30 Control of Portland Cement Manufacturing 

Plants.

Statement of Purpose 

The purpose of this action is to create a separate chapter applicable 

to Portland Cement Manufacturing Plants containing requirements 

unique to them. The new chapter combines existing requirements in 

COMAR 26.11.01, .06, and .29 regarding NOx, SOx, visible 

emissions, and particulate matter that apply to Portland cement 

manufacturing plants into one chapter. 

This action establishes slightly more stringent emission NOx

limitations based upon recommended limits for cement kilns from the 

Ozone Transport Commission (OTC) to satisfy Reasonably Available 

Control Technology (RACT) requirements under the Clean air Act 

for the 2008 8-hour ozone standard. Older, less stringent NOx limits 

in COMAR 26.11.09.08 will be repealed. 

This action also establishes a new method for continuous 

monitoring of particulate matter emissions for both cement kilns and 

clinker coolers required by the 2013 National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for the Portland Cement 

Manufacturing Industry and Standards of Performance for Portland 

Cement Plants effective September 1, 2016. 

The two Portland cement manufacturing plants in Maryland are 

required to operate continuous opacity monitors (COMs). EPA has 

recently added requirements for continuously monitoring particulate 

matter in the 2013 National Emission Standards for Hazardous Air 

Pollutants (NESHAP) for the Portland Cement Manufacturing 

Industry and Standards of Performance for Portland Cement Plants 

which provided an alternative monitoring procedure for visible 

emissions. In this action cement kilns have the option of using 

continuous opacity monitors or the NESHAP alternative methods of 

visible emission monitoring for opacity. Clinker coolers and kilns 

have the option of using continuous opacity monitors or the NESHAP 

alternative methods of visible emission monitoring for opacity after 

September 1, 2016. Under these regulations, operation of a COM 

requires the facility to follow the quality assurance procedures in 

COMAR 26.11.31. 

Background 

In an effort to streamline regulations pertaining to Portland 

Cement Manufacturing Plants, the Maryland Department of the 

Environment (MDE) is compiling the requirements for these facilities 

in a separate chapter. This action separates Portland Cement 

Manufacturing Plants and Natural Gas Compression Stations 

currently together in COMAR 26.11.29 into two separate chapters: 

COMAR 26.11.29 Natural Gas Pipeline Compression Stations and 

COMAR 26.11.30 Control of Portland Cement Manufacturing Plants. 

The existing COMAR 26.11.06.05 Sulfur Compounds from Other 

than Fuel-Burning Equipment establishes a concentration standard 

for SO2 for cement kilns depending on the location of the plant and 

the date the plant was constructed. These requirements for SO2 are 

being moved into COMAR 26.11.30. The NOx emission standards 

and continuous emission monitoring requirements for installations at 

Portland cement plants were specified in COMAR 26.11.29. These 

requirements for NOx are also included in new COMAR 26.11.30 

In 2012, EPA designated areas as attainment and nonattainment 

with respect to the national ambient air quality standard for ozone 

revised in 2008. Under the federal Clean Air Act, 42 U.S.C. §7401 et 

seq., sources in ozone nonattainment areas classified as moderate and 

above are subject to a NOx Reasonably Available Control 

Technology (RACT) requirement. Areas in the Ozone Transport 

Region are also subject to this requirement regardless of designation. 

Section 182 of the Clean Air Act requires the Maryland Department 

of the Environment (MDE) to review and revise NOx RACT 

requirements in the Maryland State Implementation Plan (SIP) as 

necessary in light of the new more stringent ambient air quality 

standards. In reviewing existing NOx RACT requirements for 

adequacy, MDE considers technological advances and the stringency 

of the revised ozone standard. In 2007, the Ozone Transport 

Commission (OTC) compiled a Technical Support Document on 

Identification and Evaluation of Candidate Control Measures which 

included recommendations for NOx emission limitations for cement 

kilns based on the type of kiln. MDE concluded the recommended 

rates represented RACT for cement kilns in Maryland and these rates 

will become effective April 1, 2017. 

New particulate matter (PM) continuous emission monitoring 

procedures are specified in EPA’s 2013 National Emission Standards 

for Hazardous Air Pollutants (NESHAP) for the Portland Cement 

Manufacturing Industry and Standards of Performance for Portland 

Cement Plants. After September 1, 2016, these facilities will be 

required to use these procedures to determine compliance with 

particulate matter standards. The NESHAP procedure uses stack test 

data to calibrate a PM continuous emission monitor (CEM) and then 

uses the PM CEM as a Continuous Parametric Monitoring System 

(CPMS). 

The PM CPMS can also be calibrated for use as a parametric 

monitoring device to determine compliance with opacity standards. 

The system offers an alternative to COMs for monitoring visible 

emissions. Under this action MDE proposes the option to either 

operate COMs or PM CPMS to monitor visible emissions.. The 

NESHAP procedures have been integrated into the Visible Emissions 

and Particulate Matter requirements of the new chapter 30. 

Sources Affected and Location 

There are two existing Portland cement manufacturing plants in 

Maryland, one in Carroll County and one in Washington County. The 

Carroll County plant has a pre-calciner, pre-heater kiln. The 

Washington County plant is currently modifying their kiln from a 

long-dry kiln to a pre-calciner, pre-heater kiln and will complete the 

modification by 2017. 

Requirements 

This action is to: 

1. Combine all of the existing requirements in COMAR 

26.11.01, .06, and .29 regarding NOx, SOx, visible emissions and 

particulate matter that apply to Portland cement manufacturing plants 

into one chapter; 

2. Repeal NOx emission limitations in COMAR 26.11.09.08 

which apply to Portland cement manufacturing plants and establish 

new NOx emission limitations based upon recommended control 

measures for cement kilns from the 2007 Ozone Transport 

Commission (OTC) Technical Support Document on Identification 

and Evaluation of Candidate Control Measures; 
FINAL ACTION ON REGULATIONS 

884

MARYLAND REGISTER, VOLUME 42, ISSUE 14, FRIDAY, JULY 10, 2015 

Subtitle 18 LARGE FAMILY CHILD 

CARE HOMES 

Notice of Final Action 

[15-094-F] 

On June 26, 2015, the State Superintendent of Schools adopted: 

(1) Regulations .02—.05 under COMAR 13A.18.02 

Registration Application and Maintenance;

(2) Regulations .03—.06 under COMAR 13A.18.03 

Management and Administration;

(3) Regulation .03 under COMAR 13A.18.05 Home 

Environment and Equipment;

(4) Regulations .02 and .05—.07 under COMAR 13A.18.06 

Provider and Staff Requirements;

(5) Regulation .01 under COMAR 13A.18.08 Child 

Supervision;

(6) Regulation .01 under COMAR 13A.18.09 Program 

Requirements; and 

(7) Regulation .01 under COMAR 13A.18.12 Nutrition.

This action, which was proposed for adoption in 42:6 Md. R. 

535—539 (March 20, 2015), has been adopted with the 

nonsubstantive changes shown below. 

Effective Date: July 20, 2015. 

Attorney General’s Certification 

In accordance with State Government Article, §10-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows: 

At 13A.18.02.03A(3), change “.02B(2)(b)” to read “.02C(2)(b); at 

13A.18.02.04A(2), change “.02B(1)” to read “.02C(1)”; and at 

13A.18.02.05B(2)(d), change “.02B(2)(a)” to read “.02C(2)(a)”. The 

changes are nonsubstantive and were made to clarify the authority for 

the regulations and to ensure that cross-references were correct. 

13A.18.02 Registration Application and 

Maintenance 

Authority: Family Law Article, §§5-501, 5-505, 5-550—5-557.1, and 5-560—

5-563; Human Services Article, §1-202; State Government Article, §10-617; 

Annotated Code of Maryland 

Agency Note: Federal Statutory Reference—Americans with Disabilities Act 

of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. 

§6081 et seq.) 

.03 Continuing Registration. 

A. Application for Continuing Registration. To obtain a 

continuing registration, a provider shall submit to the office before 

expiration of the initial registration: 

(1)—(2) (proposed text unchanged) 

(3) A medical evaluation that meets the requirements of 

Regulation [[.02B(2)(b)]] .02C(2)(b) of this chapter for: 

(a)—(c) (proposed text unchanged) 

(4)—(6) (proposed text unchanged) 

B. (proposed text unchanged) 

.04 Provisional Status and Conditional Registration. 

A. Provisional Status. 

(1) (proposed text unchanged) 

(2) An initial registration may not be approved if the office has 

not yet received evidence that the applicant and, as applicable, each 

individual specified in Regulation [[.02B(1)]] .02C(1) and (2)(a) of 

this chapter has successfully passed a federal and State criminal 

background check and a review of child and adult abuse and neglect 

records. 

(3)—(4) (proposed text unchanged) 

B. (proposed text unchanged) 

.05 Resumption of Service. 

A. (proposed text unchanged) 

B. The application to resume service shall meet all initial 

registration application requirements, except that: 

(1) (proposed text unchanged) 

(2) The office may accept as applicable to the new application 

the: 

(a)—(c) (proposed text unchanged) 

(d) Results of the original child and adult abuse and neglect 

clearances conducted pursuant to Regulation [[.02B(2)(a)]]

.02C(2)(a) of this chapter, if the clearances were completed within 12 

months of the application; and 

(e) (proposed text unchanged) 

LILLIAN M. LOWERY, Ed.D. 

State Superintendent of Schools 

Title 14

INDEPENDENT AGENCIES 

Subtitle 09 WORKERS’ 

COMPENSATION COMMISSION 

14.09.04 Legal Representation and Fees 

Authority: Labor and Employment Article, §§9-309 and 9-731, Annotated 

Code of Maryland 

Notice of Final Action 

[15-107-F] 

On June 25, 2015, the Workers’ Compensation Commission 

adopted amendments to Regulation .03 under COMAR 14.09.04.03

Legal Representation and Fees. This action, which was proposed 

for adoption in 42:7 Md. R. 573—574 (April 3, 2015), has been 

adopted as proposed. 

Effective Date: July 20, 2015. 

R. KARL AUMANN 

Chairman 

Title 26

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Notice of Final Action 

[15-115-F] 

On June 23, 2015, the Secretary of the Environment adopted: 

(1) Amendments to Regulation .10 under COMAR 26.11.01 

General Administrative Provisions;

(2) Amendments to Regulation .08 under COMAR 26.11.09 

Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Installations;

and 

(3) New Regulations .01 — .08 under a new chapter, COMAR 

26.11.30 Control of Portland Cement Manufacturing Plants.
FINAL ACTION ON REGULATIONS 

885

MARYLAND REGISTER, VOLUME 42, ISSUE 14, FRIDAY, JULY 10, 2015 

This action, which was proposed for adoption in 42:8 Md. R. 

621—625 (April 17, 2015), has been adopted as proposed. 

Effective Date: July 20, 2015. 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.29 Control of NOx Emissions from Natural 

Gas Pipeline Compression Stations 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—

2-303, Annotated Code of Maryland 

Notice of Final Action 

[15-109-F] 

On June 23, 2015, the Secretary of the Environment adopted the 

repeal of existing Regulations .01 — .05 and new Regulations .01 —

.05 under COMAR 26.11.29 Control of NOx Emissions from 

Natural Gas Pipeline Compression Stations. This action, which 

was proposed for adoption in 42:8 Md. R. 625—626 (April 17, 

2015), has been adopted with the nonsubstantive changes shown 

below. 

Effective Date: July 20, 2015. 

Attorney General’s Certification 

In accordance with State Government Article, §10-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows: 

Regulation .03A(2): The added text is to clarify that the report is 

required annually; therefore there is no change to the intent or impact 

of the regulation. 

.03 Monitoring Requirements. 

A. A person who owns or operates a stationary internal 

combustion engine subject to Regulation .02C of this chapter shall: 

(1) (proposed text unchanged) 

(2) On or before May 1, 2002, and every year thereafter,

collect NOx emissions data that was obtained pursuant to §A(1) of 

this regulation; and 

(3) (proposed text unchanged) 

B. (proposed text unchanged) 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 
PROPOSED ACTION ON REGULATIONS 

622

MARYLAND REGISTER, VOLUME 42, ISSUE 8, FRIDAY, APRIL 17, 2015 

3. Add cement kilns to COMAR 26.11.01.10 which delineates 

the types of facilities that need to operate a COM to measure opacity; 

4. Establish new continuous particulate matter monitoring 

procedures, as specified in EPA’s 2013 National Emission Standards 

for Hazardous Air Pollutants (NESHAP) for the Portland Cement 

Manufacturing Industry and Standards of Performance for Portland 

Cement Plants. The new procedures will be used to demonstrate 

compliance with particulate matter emissions limitations and may be 

used to demonstrate compliance with opacity standards for cement 

kilns and clinker coolers under the specified circumstances instead of 

using a COM; and 

5. Require cement kilns subject to COM requirements to 

comply with the Quality Assurance Requirements for COMs in 

existing COMAR 26.11.31. The Department makes note that under 

separate action amendments to COMAR 26.11.29 are being 

proposed. Existing and new requirements for Control of NOx

Emissions from Internal Combustion Engines Located at Natural Gas 

Pipeline Compression Stations will be under COMAR 26.11.29. 

Existing and new requirements for Portland cement manufacturing 

plants will be under COMAR 26.11.30.

Expected Emissions Reductions 

On and after April 1, 2017, Portland cement kilns will need to 

meet a NOx emission limitation based upon recommended control 

measures for cement kilns from the 2007 Ozone Transport 

Commission (OTC) Technical Support Document on Identification 

and Evaluation of Candidate Control Measures. The proposed NOx

emission rate for long dry kilns is 3.4 pounds of NOx per ton of 

clinker produced and for pre-calciner kilns, an emissions rate of 2.4 

pounds of NOx per ton of clinker produced. 

As a result of this action, the Portland cement plant in Carroll 

County will reduce annual NOx emissions by about 14% or 400 tons 

based on 2012/2013 production. The Portland cement plant in 

Washington County will reduce annual NOx emissions by about 33%

or 510 tons based on 2012/2013 production. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 

Estimate of Economic Impact 

I. Summary of Economic Impact. This action only requires 

affected sources to increase the amount of ammonia reagent used in 

existing pollution control equipment to meet the proposed NOx

emission limitations in 2017. 

The Portland cement plant in Carroll County is a pre-calciner, preheater kiln. Currently, the operators inject 600—730 liters/hr of 

ammonia into their Selective Non-Catalytic Reduction (SNCR) 

control technology to keep NOx emissions below 2.5 lbs/ton of 

clinker to ensure compliance with the current 2.8 pounds of NOx per 

ton of clinker limit. Operating the SNCR costs approximately 

$1,000,000 per year. Using a linear equation, the plant would need to 

inject 760 liters/hr of ammonia to keep their NOx emissions below 

2.4 lbs/ton clinker to ensure compliance with a margin of safety. To 

meet the NOx emission rate of 2.4 lbs/ton clinker produced, the 

additional ammonia could cost approximately $150,000 per year. 

As part of a federal action, the Portland cement plant in 

Washington County will be upgrading the kiln to a pre-heater/precalciner kiln by September 6, 2016. The kiln will then be required to 

meet a year round NOx limit of 1.8 lbs NOx/ton of clinker on a 30-

day rolling average. The 1.8 lbs NOx/ton per ton of clinker is lower 

than the 2.4 lbs NOx/ton of clinker in these regulations, so the 

regulations do not have an economic impact on the Washington 

County facility. 

The operation of a continuous particulate matter emissions 

monitor is required under the federal cement NESHAP. The option to 

use this instrument to satisfy the COM requirement for monitoring 

opacity from cement kilns represents a possible cost savings to the 

facility. Monitoring of opacity has been required since the early 

1990s and is not an additional cost. 

Revenue (R+/R-)

II. Types of Economic 

Impact.

Expenditure 

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State 

agencies: NONE

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated industries or trade groups:

Compliance costs (-) $150,000

E. On other industries or trade groups:

MD contractors (+) Indeterminable

F. Direct and indirect 

effects on public: NONE

III. Assumptions. (Identified by Impact Letter and Number from 

Section II.)

D. Ammonia reagent injection with the existing control 

technology is required to meet the NOx emission rate.

E. Installation of technology and maintenance is usually 

performed by specially trained tradesmen. The magnitude of demand 

is unknown.

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on May 19, 2015, at 10 a.m., at the Department 

of the Environment, 1800 Washington Boulevard, 1st Floor 

Conference Rooms, Baltimore, Maryland 21230-1720. Interested 

persons are invited to attend and express their views. Comments may 

be sent to Mr. Randy Mosier, Chief of the Regulation Division, Air 

and Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or email to Randy.mosier@maryland.gov. 

Comments must be received not later than May 19, 2015, or be 

submitted at the hearing. For more information, call Randy Mosier at 

(410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

• The Department of the Environment’s website at: 

http://www.mde.state.md.us/programs/regulations/air/Pages/reqco

mments.aspx 

• The Air and Radiation Management Administration offices; and

• Regional offices of the Department in Cumberland and 

Salisbury. 
PROPOSED ACTION ON REGULATIONS 

623

MARYLAND REGISTER, VOLUME 42, ISSUE 8, FRIDAY, APRIL 17, 2015 

Anyone needing special accommodations at the public hearing 

should contact the Department’s Fair Practices Office at (410) 537- 

3964. 

TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

26.11.01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.10 Continuous Opacity Monitoring Requirements. 

A. Applicability and Exceptions. 

(1) — (4) (text unchanged) 

(5) The owner or operator of a cement manufacturing 

installation may discontinue use of a COM when a PM CPMS is 

installed and operated in accordance with the requirements of 

COMAR 26.11.30. 

B. — E. (text unchanged) 

F. Fuel burning equipment subject to the COM 

requirements in COMAR 26.11.09.05 and cement kilns 

subject to the COM requirements in COMAR 26.11.30 are 

subject to the COM requirements contained in COMAR 

26.11.31.

26.11.09 Control of Fuel-Burning Equipment, 

Stationary Internal Combustion Engines, and 

Certain Fuel-Burning Installations 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.08 Control of NOx Emissions for Major Stationary Sources.

A.—G. (text unchanged) 

H. Requirements for [Cement Manufacturing Facilities,]

Municipal Waste Combustors, and Hospital, Medical, and Infectious 

Waste Incinerators. 

(1) A person who owns or operates a [cement manufacturing 

facility or a] municipal waste combustor shall install, operate, and 

maintain a CEM for NOx emissions. 

[(2) NOx emissions from cement manufacturing kilns may not 

exceed the following total hourly NOx emissions as determined on a 

30-day rolling average of the daily average: 

(a) 1,000 pounds for a facility with a total kiln capacity of 

600,000 tons per year or less; and 

(b) 1,800 pounds for a facility with a total kiln capacity 

greater than 600,000 tons per year.]

[(3)] (2) NOx emissions from municipal waste combustors may 

not exceed the NOx emissions standards in COMAR 26.11.08.07 and

COMAR 26.11.08.08 [(205 ppm 24-hour average)] or applicable 

Prevention of Significant Deterioration limits, whichever is more 

restrictive. 

[(4)] (3) (text unchanged) 

I. Requirements for Glass Melting Furnaces [and Internal 

Combustion Engines at Natural Gas Pipeline Stations].

(1)—(2) (text unchanged) 

[(3) A person who owns or operates an internal combustion 

engine at a natural gas pipeline station with a capacity factor over 15 

percent shall perform either parametric optimization or engine rebuild 

to meet the following emission standards: 

(a) Facilities with five or less engines shall meet a combined 

maximum hourly emission rate of 300 pounds per hour; and 

(b) Facilities with more than five engines shall meet a 

combined maximum hourly emissions rate of 566 pounds per hour. 

(4) Records demonstrating performance of parametric 

optimization shall be maintained on site for at least 2 years and made 

available to the Department upon request.]

J.—K. (text unchanged) 

26.11.30 Control of Portland Cement 

Manufacturing Plants 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.01 Scope. 

This chapter contains all of the general requirements that apply to

Portland cement manufacturing plants. New or modified cement 

plants may be subject to more restrictive requirements that are 

included in a permit issued by the Department. Portland cement 

manufacturing plants subject to this chapter may also be subject to

federal New Source Performance Standards under 40 CFR Part 60,

Subpart F, and National Emission Standards for Hazardous Air

Pollutants from the Portland Cement Manufacturing Industry under 

40 CFR Part 63, Subpart LLL. 

.02 Applicability. 

A. The requirements of this chapter apply to cement kilns and 

other installations located at Portland cement manufacturing plants. 

B. Any source which is subject to the provisions of this chapter 

may also be subject to the provisions of any other chapter. However, 

when this chapter establishes an emission standard for a specific

installation which differs from the general emission standards in

COMAR 26.11.06.01—.09, this chapter takes precedence. 

.03 Definitions. 

A. In this chapter, the following terms have the meanings 

indicated. 

B. Terms Defined. 

(1) “Cement kiln” means an installation, including any 

associated pre-heater or pre-calciner devices, that produces clinker 

by heating limestone and other materials to produce Portland 

cement. 

(2) “Cement manufacturing installation” means process 

equipment used for subsequent production of Portland cement. 

(3) “Clinker cooler” means an installation into which clinker 

product leaving the kiln is placed to be cooled by air supplied by a 

forced air draft or natural draft supply system. 

(4) “Long dry kiln” means a cement kiln that does not have a 

pre-calciner and in which dry starting raw materials are fed into the 

kiln. 

(5) “PM continuous parametric monitoring system” (CPMS) 

means a continuous emission monitoring system used to establish a 

parameter range for the purposes of demonstrating compliance. 

(6) “Pre-calciner kiln” means a cement kiln that contains a 

pre-calciner at the bottom of the pre-heater tower before the 

materials enter the kiln. 

(7) “30-day rolling average” means the arithmetic average of

all valid hourly NOx emission rates of the previous 720 valid hours on

a rolling basis. 

(8) “30 process operating day” means:

(a) The first day after the compliance date following 

completion of the field testing and data collection that demonstrates 

that the CPMS or CEMS has satisfied the relevant CPMS 

performance evaluation or CEMS performance specification 

acceptance criteria; and 

(b) For purposes of this chapter, the performance test period 

is complete at the end of the 30th consecutive operating day. 
PROPOSED ACTION ON REGULATIONS 

624

MARYLAND REGISTER, VOLUME 42, ISSUE 8, FRIDAY, APRIL 17, 2015 

.04 Particulate Matter. 

A. The owner or operator of a cement manufacturing installation 

may not cause or permit the discharge of emissions of particulate 

matter to exceed the limits in §B of this regulation. 

B. Emission Limits. 

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, a person 

may not cause or permit particulate matter to be discharged from any

installation in excess of 0.05 grains per standard cubic foot dry. 

(2) Areas III and IV. In Areas III and IV, a person may not 

cause or permit particulate matter to be discharged from any 

installation in excess of 0.03 grains per standard cubic foot dry. 

(3) Compliance with the particulate matter standards of §B(1) 

and (2) of this regulation shall be demonstrated by a 3-run stack test 

using Method 5 or Method 5I of 40 CFR Part 60.

C. Particulate Matter Monitoring Requirements for Cement Kilns 

and Clinker Coolers. On or after September 1, 2016, the owner or

operator of a cement kiln or clinker cooler at a Portland cement 

manufacturing plant shall: 

(1) Use a PM continuous parametric monitoring system 

(CPMS) to establish a site-specific operating parameter limit 

corresponding to the results of the performance test as required in 

§B(3) of this regulation demonstrating compliance with the PM limits

in §B(1) and (2) of this regulation; 

(2) Conduct the performance test as required in §B(3) of this 

regulation using Method 5 or Method 5I of 40 CFR part 60;

(3) Use the PM CPMS to demonstrate continuous compliance 

with the site-specific operating parameter limit established in §C(1) 

of this regulation; 

(4) Repeat the performance test as required in §B(3) of this 

regulation annually and reassess and adjust the site-specific 

operating parameter limit of §C(1) of this regulation in accordance 

with the results of the performance test using the procedures in 40

CFR §63.1349(b)(1)(i) — (ix); and 

(5) Follow the procedures in 40 CFR §63.1350(b)(iii) and (iv) 

for any exceedance of the established operating parameter limit of 

§C(1) of this regulation on a 30 process operating day basis. 

.05 Visible Emission Standards. 

A. The owner or operator of a cement manufacturing installation 

may not cause or permit the discharge of emissions which exceed the 

visibility standards in §B of this regulation. 

B. Visibility Standards. 

(1) In Areas I, II, V, and VI a person may not cause or permit the 

discharge of emissions from any installation or building, other than water 

in an uncombined form, which is greater than 20 percent opacity. 

(2) In Areas III and IV a person may not cause or permit the 

discharge of emissions from any installation or building, other than 

water in an uncombined form, which is visible to human observers. 

(3) Compliance with the visibility standards of §B(1) and (2) of 

this regulation shall be demonstrated by a visible emission 

observation using Method 9 of 40 CFR Part 60. 

C. Visible Emission Monitoring Requirements for Cement Kilns. 

The owner or operator of a cement kiln at a Portland cement 

manufacturing plant shall either: 

(1) Use a COM in accordance with the requirements of 

COMAR 26.11.01.10; or 

(2) Use a PM continuous parametric monitoring system 

(CPMS) to establish a site-specific operating parameter limit for 

continuous visible emission compliance determinations in 

accordance with Regulation .04C of this chapter.

D. Visible Emission monitoring requirements for clinker coolers. 

On or after September 1, 2016, the owner or operator of a clinker 

cooler at a Portland cement manufacturing plant shall either: 

(1) Use a COM in accordance with the requirements of 

COMAR 26.11.01.10; or 

(2) Use a PM continuous parametric monitoring system 

(CPMS) to establish a site-specific operating parameter limit for 

continuous visible emission compliance determinations in 

accordance with Regulation .04C(1) —(5) of this chapter.

.06 Sulfur Compounds. 

A. Sulfur Dioxide (SO2).

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, an owner or

operator of a cement manufacturing installation may not cause 

emissions into the atmosphere with an SO2 concentration greater 

than 2,000 ppm for sources constructed before January 17, 1972, or

500 ppm for sources constructed on or after January 17, 1972. 

(2) Areas III and IV. In Areas III and IV, an owner or operator 

of a cement manufacturing installation may not cause emissions into 

the atmosphere with an SO2 concentration greater than 2,000 ppm for 

sources constructed before February 21, 1971, or 500 ppm for 

sources constructed on or after February 21, 1971. 

B. Sulfuric Acid and Sulfur Trioxide. 

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, an owner or

operator of a cement manufacturing installation may not cause 

emissions of sulfuric acid, sulfur trioxide, or any combination of

them, in excess of 70 milligrams per cubic meter reported as sulfuric 

acid, for any source constructed before January 17, 1972, or 35

milligrams per cubic meter reported as sulfuric acid, for any source 

constructed on or after January 17, 1972. 

(2) Areas III and IV. In Areas III and IV, an owner or operator 

of a cement manufacturing installation may not cause emissions of

sulfuric acid, sulfur trioxide, or any combination of them, in excess of

70 milligrams per cubic meter reported as sulfuric acid for any

source constructed before February 21, 1971, or 35 milligrams per 

cubic meter reported as sulfuric acid for any source constructed on

or after February 21, 1971. 

C. All calculations of emissions for §§A and B of this regulation 

shall be adjusted to standard conditions and 7 percent oxygen. 

.07 Nitrogen Oxides (NOx).

A. A person who owns or operates a cement kiln at a Portland 

cement manufacturing plant shall meet the following applicable NOx

emission standards: 

(1) For long dry kilns, maximum emissions of 5.1 pounds of

NOx per ton of clinker produced; and

(2) For pre-calciner kilns, maximum emissions of 2.8 pounds of

NOx per ton of clinker produced. 

B. On and after April 1, 2017, the requirements in §A of this 

regulation no longer apply and cement kilns shall meet the applicable 

NOx emission standards in §C of this regulation. 

C. On and after April 1, 2017, a person who owns or operates a 

cement kiln at a Portland cement manufacturing plant shall meet the 

following applicable NOx emission standards: 

(1) For long dry kilns, maximum emissions of 3.4 pounds of

NOx per ton of clinker produced; and

(2) For pre-calciner kilns, maximum emissions of 2.4 pounds of

NOx per ton of clinker produced. 

D. Compliance with the emission standards in §§A and C of this 

regulation shall be demonstrated as a 30-day rolling average. 

.08 NOx Continuous Emission Monitoring Requirements. 

A. The owner or operator of a Portland cement manufacturing 

plant shall: 

(1) Continuously monitor NOx emissions with a continuous 

emissions monitor (CEM) system in accordance with COMAR 

26.11.01.11B(1) and (4) and C;

(2) Collect NOx emissions data that was obtained pursuant to

§A(1) of this regulation; and 
PROPOSED ACTION ON REGULATIONS 

625

MARYLAND REGISTER, VOLUME 42, ISSUE 8, FRIDAY, APRIL 17, 2015 

(3) Submit emissions data collected pursuant to §A(2) of this 

regulation to the Department as specified under COMAR 

26.11.01.11E(2). 

B. The NOx emissions data collected pursuant to §A(2) of this 

regulation shall be used to demonstrate compliance with the 

applicable NOx emission rate in Regulation .07 of this chapter. 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.29 [NOx Reduction Requirements for NonElectric Generating Units] Control of NOx

Emissions from Natural Gas Pipeline 

Compression Stations 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—

2-303, Annotated Code of Maryland 

Notice of Proposed Action 

[15-109-P]

 The Secretary of the Environment proposes to repeal existing 

Regulations .01—.05 and adopt new Regulations .01—.05 under 

COMAR 26.11.29 Control of NOx Emissions from Natural Gas 

Pipeline Compression Stations.

Statement of Purpose 

The purpose of this action is to maintain and consolidate NOx

emission requirements for internal combustion engines used to 

compress natural gas located at natural gas pipeline compression 

stations. These NOx emission requirements were established under 

the NOx SIP Call for affected nontrading sources. 

This action will be submitted to the U.S. Environmental Protection 

Agency (EPA) for approval as part of Maryland’s State 

Implementation Plan. 

Background 

In order to consolidate NOx emission requirements for internal 

combustion engines used to compress natural gas located at natural 

gas pipeline compression stations, the Department proposes to repeal 

the existing chapter 29 and replace it. The new chapter 29, titled 

Control of NOx Emissions from Natural Gas Pipeline Compression 

Stations, requires the affected facilities to continue to meet the 

maximum hourly NOx emission limits and the NOx emission 

concentration requirements. There are no additional requirements 

established at this time. 

Sources Affected and Location 

This action affects one facility in Garrett County with two engines 

and one facility in Howard County with over five engines. Both 

facilities are currently in compliance with all the requirements. 

Requirements 

This action proposes to repeal existing chapter 29 titled “NOx

Reduction Requirements for Non-Electric Generating Units”. The 

Department proposes new regulations .01 — .05 under COMAR 

26.11.29 now titled “Control of NOx Emissions from Natural Gas 

Pipeline Compression Stations” which will keep the existing NOx

emission standards for internal combustion engines located at natural 

gas pipeline compression stations from the repealed regulation.05 

under chapter 29. This action further clarifies the monitoring, 

compliance demonstration and record keeping requirements for 

internal combustion engines located at natural gas pipeline 

compression stations. There are no additional requirements resulting 

from this action. 

Expected Emission Reductions 

There are no expected emission reductions from this action. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on May 19, 2015 at 10 a.m. at the Department of 

the Environment, 1800 Washington Boulevard, 1st Floor Conference 

Rooms, Baltimore, Maryland 21230-1720. Interested persons are 

invited to attend and express their views. Comments may be sent to 

Mr. Randy Mosier, Chief of the Regulation Division, Air and 

Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or email to Randy.mosier@maryland.gov. 

Comments must be received not later than May 19, 2015, or be 

submitted at the hearing. For more information, call Randy Mosier at 

(410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

• The Department of the Environment’s website at:

http://www.mde.state.md.us/programs/regulations/air/Pages/reqco

mments.aspx

• The Air and Radiation Management Administration offices; and 

• Regional offices of the Department in Cumberland and 

Salisbury. 

Anyone needing special accommodations at the public hearing 

should contact the Department’s Fair Practices Office at (410) 537-

3964. 

TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

.01 Definitions. 

A. In this chapter, the following terms have the meanings 

indicated. 

B. Terms Defined. 

(1) “Natural gas pipeline compression station” means a main 

line natural gas transmission station, consisting of one or more 

internal combustion engines, used to compress natural gas, thereby 

sustaining flow of natural gas through the pipeline. 

(2) “Parametric optimization” means the adjustment of an 

internal combustion engine, such as adjustment of the air-to-fuel 

ratio, that maximizes engine efficiency and minimizes emissions. 

.02 Applicability and General Requirements. 

A. Applicability. This chapter applies to stationary internal 

combustion engines used to compress natural gas located at natural 

gas pipeline compression stations. 

B. NOx Emission Limits. A person who owns or operates a 

stationary internal combustion engine to which this chapter applies 

shall perform either parametric optimization or engine rebuild to 

meet the following NOx emission limits: 

(1) Facilities with five or fewer internal combustion engines 

shall meet a combined maximum hourly emission limit of 300 pounds 

per hour or less. 
PROPOSED ACTION ON REGULATIONS 

1465 

MARYLAND REGISTER, VOLUME 42, ISSUE 23, FRIDAY, NOVEMBER 13, 2015 

310 Prostitution and Related Crimes

Prostitution, etc.—Human trafficking, take, 

harbor, or unlawfully detain a minor for 

prostitution 

1-0754

1-0756

1-0758

1-0761

1-0786

1-0787

1-0788

1-0789

CR, §11-

303(c)(2)

Felony 25Y Person II $15,000

311—384-3 (text unchanged)

385 Theft, Crimes Involving

Misdemeanor theft or theft scheme, less 

than $100

1-0521

1-1631

CR, §7-

104(g)(3) 

Misd. 90D Property VII $500

386—402 (text unchanged)

403 Weapons Crimes—In General 

Possession of regulated firearm after having 

been convicted of a crime of violence or 

select drug crimes 

1-1609 PS, §5-133(c) Felony 15Y MM* = 

5Y[1]2

Person V

404—420 (text unchanged)

1

A court may depart from this proscribed mandatory minimum sentence if the court finds and states on the record that, giving due regard to 

the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation: (1) imposition of 

the mandatory minimum sentence would result in substantial injustice to the defendant; and (2) the mandatory minimum sentence is not 

necessary for the protection of the public.

[1]2

At the time of the offense, if more than 5 years has elapsed since the person completed serving the sentence for the most recent conviction

of a crime of violence or select drug crimes (including all imprisonment, mandatory supervision, probation, and parole), the imposition of the 

mandatory minimum sentence is within the discretion of the court. 

MM* = Non-suspendable mandatory minimum penalty 

♦ Defined as a violent crime in Correctional Services Article, §7-101, Annotated Code of Maryland. At the time of imposition of a sentence

of incarceration for these offenses, Criminal Procedure Article, §6-217, Annotated Code of Maryland indicates the Court shall state in open 

court the minimum time the defendant must serve before becoming eligible for parole. 

♦♦ Defined as a violent crime only under certain circumstances specified in Criminal Law Article, §14-101, Annotated Code of Maryland.

General Rules (text unchanged)

DAVID SOULE 

Executive Director 

______________________________________ 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Notice of Proposed Action 

[15-360-P]

The Secretary of the Environment proposes to amend: 

(1) Regulations .01 and .10 under COMAR 26.11.01 General

Administrative Provisions; and 

(2) Regulations .01, .04, .07, and .08 under COMAR 26.11.08

Control of Incinerators. 

Statement of Purpose 

The purpose of this action is to make amendments that will: 

1. Clarify requirements for incinerators and Portland cement

plants that demonstrate compliance with visible emissions (VE) 

standards through use of continuous opacity monitors (COMs); 

2. Delete the applicability of the Department’s Technical

Memorandum 90-01 (TM) for incinerators equipped with COMs; and 

3. Exempt incinerators that are (1) owned or operated by a

government entity and (2) used solely to destroy illegal or prohibited 

goods from COMAR 26.11.08 requirements. 

The amendments will be submitted to EPA for review and 

approval to be included in Maryland’s Section 111(d) Plan and as 

part of Maryland’s State Implementation Plan.

Background 

Compliance Clarification for Sources Required to Operate COMs 

In 1991, the Department adopted regulations that required certain 

major sources to install and operate COMs and to demonstrate 

compliance with opacity standards using COM data. At that time, the 

Department also adopted its TM that provided the methods to be used 

to demonstrate compliance with VE requirements using COM data. 

For COMs, compliance was based on achieving the applicable VE 

standard for a certain percentage of the source’s operating time.

Through these amendments the Department will eliminate the use 

of the TM for COMs and develop specific requirements to replace the 

TM. Part II of the TM contained QA/QC procedures for COMs that 

has been codified in COMAR 26.11.31. 

During the past several years, the EPA has adopted numerous 

requirements for incinerators under Clean Air Act Section 111(d). 

Nearly all incinerators in Maryland are subject to regulations that are 

based on Section 111(d) requirements. Most incinerators subject to 

these federal requirements are subject to 10 percent opacity. These 
PROPOSED ACTION ON REGULATIONS 

1466 

MARYLAND REGISTER, VOLUME 42, ISSUE 23, FRIDAY, NOVEMBER 13, 2015 

regulations are more restrictive than the 20 percent opacity 

requirement contained in COMAR 26.11.08.04A(1) that applies to 

incinerators in the rural areas of the State. Therefore, those rural 

incinerators are subject to a 10 percent opacity standard when 

operating a COM. Under EPA Method 9 observations, the visible 

emission exceptions of COMAR 26.11.08.04C apply. For 

incinerators that are required to install and operate a COM, visible 

emissions may not exceed 10 percent opacity. Sources may request 

an alternate opacity limit for specific operating conditions based on 

technological limitations which will be subject to approval by MDE 

and EPA. 

Portland cement plants located in urban areas of Maryland are 

subject to a 10 percent opacity standard, whereas rural cement plants 

are subject to a 20 percent opacity standard as specified in COMAR 

26.11.30.05. Under EPA Method 9 observations, the visible 

emissions standards in COMAR 26.11.30.05B(1) and (2) do not 

apply to emissions as specified in COMAR 26.11.06.02A(2). For 

cement kilns that are required to install and operate a COM, visible 

emissions may not exceed the applicable standards as specified in 

COMAR 26.11.30.05B(1) and (2). Sources may request an alternate 

opacity limit for specific operating conditions based on technological 

limitations which will be subject to approval by MDE and EPA. 

Under COMAR 26.11.30.05, cement kilns or clinker coolers may 

either operate COMs or PM CPMS (particulate matter continuous 

parameter monitoring systems). 

Incinerator Exemption 

A number of law enforcement agencies, military installations and 

other government entities are using modified 55-gallon drums to 

destroy illegal drugs and trash from international flights that might 

cause biocontamination. The drums, commonly called cyclonic burn 

barrels, are equipped with fans, lids and other accessories that, when 

taken altogether, make these drums fit the definition of an incinerator. 

The Department is taking action to exempt these drums from the 

incinerator requirements as the federal government has also done. 

Under federal New Source Performance Standards (NSPS) (40 

CFR Part 60, Subpart EEEE), an incinerator unit that is owned or 

operated by a government agency that combusts contraband or 

prohibited goods is exempt from the federal requirements. The 

Department is incorporating this provision into the definition of 

incinerator so that Maryland regulations do not conflict with the 

federal exemption. 

Sources Affected and Location 

The amendments will affect four existing municipal waste 

combustors (MWCs). One MWC is located in Baltimore City, one in 

Frederick County, one in Harford County and one in Montgomery 

County.

The amendments will also affect two existing Portland cement 

manufacturing plants in Maryland. 

Requirements 

Amendments to COMAR 26.11.01.10 clarify requirements for 

incinerators and Portland cement plants that demonstrate compliance 

with visible emissions (VE) standards through use of continuous 

opacity monitors (COMs). The amendments reference appropriate 

regulations where VE standards are contained, establish compliance 

criteria for these sources, and specify use of the QA/QC procedures 

in COMAR 26.11.31. 

MWCs located in the Baltimore/Washington areas are subject to 

the no visible emissions requirement contained in COMAR 

26.11.08.04A(2). In these areas, compliance with the no VE 

requirement is demonstrated with a COM if VE are less than 10 

percent opacity. Regulation 26.11.08.04 Visible Emissions now 

includes requirements for incinerators equipped with COMs. 

Regulation 26.11.08.07 is approved as part of Maryland’s Section 

111(d) Plan and is amended to clarify that the regulation applies to 

small MWCs. 

Regulation 26.11.08.08 is approved as part of Maryland’s Section

111(d) Plan for large MWCs. The amendments remove the 

applicability of TM 90-01 and add the requirement that the QA/QC 

will be as in new COMAR 26.11.31. 

Expected Emissions Reductions 

These amendments clarify and streamline the regulations and are 

unlikely to produce emission reductions. The action establishes 

revised compliance procedures relating to sources that are required to 

operate continuous opacity monitors under COMAR 26.11.01.10 

Continuous Opacity Monitoring Requirements. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action 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. 

Interested persons are invited to attend and express their views. 

Comments may be sent to Mr. Randy Mosier, Chief of the Regulation 

Division, Air and Radiation Management Administration, 

Department of the Environment, 1800 Washington Boulevard, Suite 

730, Baltimore, Maryland 21230-1720, or emailed to 

randy.mosier@maryland.gov.

Comments must be received not later than December 14, 2015 or 

be submitted at the hearing. For more information, call Randy Mosier 

at (410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

• The Department of the Environment’s website at:

http://www.mde.state.md.us/programs/regulations/air/Pages/req

comments.aspx

• The Air and Radiation Management Administration Office in 

Baltimore; and 

• The regional offices of the Department in Cumberland and

Salisbury. 

Anyone needing special accommodations at the public hearing 

should contact the Department’s Fair Practices Office at (410) 537-

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

26.11.01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.01 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(1) — (8) (text unchanged) 
PROPOSED ACTION ON REGULATIONS 

1467 

MARYLAND REGISTER, VOLUME 42, ISSUE 23, FRIDAY, NOVEMBER 13, 2015 

(8-1) Continuous Burning. 

(a) “Continuous burning” means the continuous, semicontinuous, or batch feeding of municipal solid waste for purposes of 

waste disposal, energy production, or providing heat to the 

combustion system in preparation for waste disposal or energy 

production. 

(b) “Continuous burning” does not include the period when 

municipal solid waste is solely used to provide thermal protection of 

the grate or hearth.

(9) — (27) (text unchanged) 

(27-1) Operating Time. 

(a) “Operating time” means, for the purpose of determining 

compliance or non-compliance with COM requirements of this 

chapter for cement kilns, the actual time in hours that an affected unit 

operates, beginning when the raw feed is being continuously 

introduced into the kiln for at least 120 minutes or when the raw feed 

rate exceeds 60 percent of the kiln design limitation rate, whichever 

occurs first, and ending when the introduction of raw feed to the kiln 

is halted. 

(b) “Operating time” means, for the purpose of determining 

compliance or non-compliance with COM requirements of this 

chapter for municipal waste combustors, the actual time in hours that 

an affected unit operates, beginning when continuous burning of 

solid waste starts and ending when continuous burning of solid waste 

ceases. 

(28) — (53) (text unchanged) 

.10 Continuous Opacity Monitoring Requirements. 

A. Applicability and Exceptions. 

(1) — (5) (text unchanged) 

(6) Sources may request for approval by the Department and 

EPA an alternate limit for specific operating conditions in which the 

technological limitations of the control equipment adversely affects 

the ability of the source to comply with visible emissions limits by 

following the recommendations at 80 FR 33980. The alternate limit 

shall be submitted to EPA as a SIP revision and included in 40 CFR 

Part 52 Subpart V 52.1070(d) for Maryland Source Specific SIP 

revisions.

B. General Requirements for COMs. 

(1) — (2) (text unchanged) 

(3) A COM shall comply with the applicable requirements in 

40 CFR Part 51, Appendix P, [Sections 3.3—3.9,] as amended, which 

is incorporated by reference. 

(4) (text unchanged) 

(5) The owner or operator of a cement kiln or clinker cooler 

that is operating a COM is subject to the following requirements. 

(a) The owner or operator of a cement kiln or clinker cooler 

may not cause or permit the discharge of emissions which exceed the 

visibility standards in COMAR 26.11.30.05B. 

(b) The visibility standards in COMAR 26.11.30.05B(1) and 

(2) do not apply to emissions as specified in COMAR 

26.11.06.02A(2) during EPA reference Method 9 observations. 

(c) For the purpose of demonstrating compliance with 

COMAR 26.11.30.05B(2) when using a COM, emissions that are 

visible to a human observer are those that are equal to or greater 

than 10 percent opacity. 

(d) For the owner or operator of a cement kiln or clinker 

cooler that is operating a COM, compliance with visible emission 

standards is achieved if visible emissions do not exceed the 

applicable visible emission limitations in 26.11.30.05B(1) or (2) as 

applicable. 

(e) Notwithstanding the requirements in §B(5)(a)-(d) of this 

regulation, the Department may determine compliance and noncompliance with the visible emission limitations by performing EPA 

reference Method 9 observations. 

(f) The owner or operator of a cement kiln or clinker cooler 

that is operating a COM shall meet the quality assurance 

requirements under COMAR 26.11.31. 

(6) The owner or operator of a municipal waste combustor that 

is required to install and operate a COM is subject to the following 

requirements. 

(a) The owner or operator of a municipal waste combustor

may not cause or permit the discharge of emissions which exceed the 

visibility standards in COMAR 26.11.08.04 as determined by EPA 

reference Method 9 observations. 

(b) For the purpose of demonstrating compliance with 

COMAR 26.11.08.04 when using a COM, emissions that are visible 

to a human observer are those that are equal to or greater than 10 

percent opacity. 

(c) For the owner or operator of a municipal waste 

combustor that is required to install and operate a COM, compliance 

with visible emission standards is achieved if visible emissions do not 

exceed 10 percent opacity. 

(d) Notwithstanding the requirements in §B(6)(a)-(c) of this 

regulation, the Department may determine compliance and noncompliance with the visible emission limitations by performing EPA 

reference Method 9 observations. 

(e) The owner or operator of a municipal waste combustor 

that is operating a COM shall meet the quality assurance 

requirements under COMAR 26.11.31. 

C. —E. (text unchanged) 

[F. Fuel burning equipment subject to the COM requirements in 

COMAR 26.11.09.05 and cement kilns subject to the COM 

requirements in COMAR 26.11.30 are subject to the COM 

requirements contained in COMAR 26.11.31.]

26.11.08 Control of Incinerators 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 2-406, 10-102, and 10-103, Annotated Code of Maryland 

.01 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(1) — (19) (text unchanged) 

(20) Incinerator. 

(a)—(b) (text unchanged) 

(c) “Incinerator” does not mean any unit owned or operated 

by a government agency to destroy illegal or prohibited goods. The 

exclusion does not apply to items either confiscated or incinerated by 

private, industrial, or commercial entities. 

(21)—(61) (text unchanged) 

.04 Visible Emissions. 

A.—C. (text unchanged) 

D. The owner or operator of a municipal waste combustor that is 

required to install and operate a COM is subject to the requirements 

in COMAR 26.11.01.10.

.07 Requirements for [Certain] Municipal Waste Combustors 

with a Capacity of 35 tons or greater per day and less than 

or equal to 250 Tons Per Day. 

(text unchanged) 

.08 Requirements for an Existing Large MWC with a Capacity 

Greater Than 250 Tons Per Day. 

A. Emission Standards and General Requirements. 

(1) (text unchanged) 
PROPOSED ACTION ON REGULATIONS 

1468 

MARYLAND REGISTER, VOLUME 42, ISSUE 23, FRIDAY, NOVEMBER 13, 2015 

(2) Emission Standards and General Requirements. 

Pollutant or 

Parameter

Emission

Standards for a

Large MWC

Performance and 

Compliance

Test Requirements

Carbon Monoxide* (text unchanged) (text unchanged)

Dioxin/Furans* (text unchanged) (text unchanged)

Particulate Matter* (text unchanged) (text unchanged)

Opacity 10 percent 

opacity with 

[CEMS] COMs.

Averaging time is 

6 minutes.

EPA Reference Method 

9 and [CEMS] COMS.

Applicable test 

procedures and methods 

as specified in 40 CFR 

§60.58b(c). Quality 

assurance and quality 

control requirements are 

as in [Technical 

Memorandum 90-01]

COMAR 26.11.31. [In 

case of inconsistencies 

in data or conflicting 

data Method 9 results 

will determine 

compliance.]

Notwithstanding the 

requirements in 

COMAR 

26.11.01.10B(6)(a)-(c), 

the Department may 

determine compliance 

and non-compliance 

with the visible emission 

limitations by 

performing EPA 

reference Method 9 

observations based on a 

6 minute block average.

Cd (Cadmium)*—Fugitive Ash Emissions (text unchanged)

* Corrected to 7 percent oxygen on dry basis. If a CO2 monitor is 

selected as the dilutent monitor it must meet the requirements of 

40CFR §60.58b(b)(6) 

(3) (text unchanged) 

B. Monitoring Requirements. 

(1) A person who owns or operates an existing MWC subject to 

this regulation shall: 

(a) Install, calibrate, operate, and maintain continuous 

[emission] monitors for carbon monoxide, oxygen, opacity, oxides of 

nitrogen, and sulfur dioxide; 

(b)—(d) (text unchanged) 

(2) (text unchanged) 

(3) The monitors required by §B(1)(a) and (b) of this regulation 

shall meet the installation, certification, reporting, record-keeping, 

and other requirements of COMAR 26.11.01.10, and 26.11.01.11,

performance specifications in 40 CFR Part 60, Appendix B, the 

quality assurance procedures in 40 CFR Part 60, Appendix F, all 

requirements in 40 CFR §60.58b, COMAR 26.11.31 [, and the 

specification in the Department’s Air and Radiation Management 

Administration Technical Memorandum 90-01, “Continuous 

Emission Monitoring (CEM) Policies and Procedures”, which is 

incorporated by reference in COMAR 26.11.01.10E].

(4) (text unchanged) 

C. Reporting and Record-Keeping Requirements. 

(1) (text unchanged) 

(2) Continuous [emissions] monitoring data reduction and data 

availability shall be as prescribed in COMAR 26.11.01.10 and 

26.11.01.11. If there is any inconsistency between COMAR 

26.11.01.10 and 26.11.01.11 and 40 CFR 60, the [requirement]

requirements of 40 CFR 60 govern. 

D. (text unchanged) 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Title 31 

MARYLAND INSURANCE 

ADMINISTRATION 

Subtitle 01 GENERAL PROVISIONS 

31.01.02 Emergency Powers 

Authority: Health-General Article, §19-706; Insurance Article, §2-115; 

Annotated Code of Maryland 

Notice of Proposed Action 

[15-345-P]

The Insurance Commissioner proposes to amend Regulations 

.02—.04 and .07 under COMAR 31.01.02 Emergency Powers.

Statement of Purpose 

The purpose of this action is to better align the elements of the 

Maryland Insurance Administration’s data requests for claims 

information during an emergency with the National Association of 

Insurance Commissioners’ current data collection template.

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

Comments may be sent to Catherine Grason, Director of 

Regulatory Affairs, Maryland Insurance Administration, 200 St. Paul 

Place, Ste. 2700, Baltimore, MD 21202, or call 410-468-2201, or 

email to insuranceregreview.mia@maryland.gov, or fax to 410-468-

2020. Comments will be accepted through November 16, 2015. A 

public hearing has not been scheduled. 

.02 Applicability. 

A. (text unchanged) 

B. This chapter also applies to the Maryland Automobile 

Insurance Fund (MAIF)[,] and the Joint Insurance Association (JIA)[,

the Injured Workers Insurance Fund (IWIF) and the Maryland Health 

Insurance Plan (MHIP)]. 

.03 Definitions. 

A. (text unchanged) 
FINAL ACTION ON REGULATIONS 

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MARYLAND REGISTER, VOLUME 43, ISSUE 3, FRIDAY, FEBRUARY 5, 2016 

Subtitle 09 MEDICAL CARE 

PROGRAMS 

10.09.34 Therapeutic Behavioral Services 

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, 

Annotated Code of Maryland 

Notice of Final Action

[15-392-F] 

On January 26, 2016, the Secretary of Health and Mental Hygiene 

adopted amendments to Regulations .02 and .06 under COMAR 

10.09.34 Therapeutic Behavioral Services. This action, which was 

proposed for adoption in 42:25 Md. R. 1551—1552 (December 11, 

2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

VAN T. MITCHELL 

Secretary of Health and Mental Hygiene 

Subtitle 09 MEDICAL CARE 

PROGRAMS 

10.09.61 Medical Day Care Services Waiver 

Authority: Health-General Article, §§2-104(b), 15-103, and 15-111, 

Annotated Code of Maryland 

Notice of Final Action 

[15-393-F] 

On January 26, 2016, the Secretary of Health and Mental Hygiene 

adopted amendments to Regulations .01 and .03 under COMAR 

10.09.61 Medical Day Care Services Waiver. This action, which 

was proposed for adoption in 42:25 Md. R. 1552 (December 11, 

2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

VAN T. MITCHELL 

Secretary of Health and Mental Hygiene 

Title 15 

DEPARTMENT OF 

AGRICULTURE 

Subtitle 20 SOIL AND WATER 

CONSERVATION 

15.20.05 Manure Transport Project 

Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland 

Notice of Final Action 

[15-560-F] 

On January 14, 2016, the Secretary of Agriculture adopted 

Regulations .02—.04 and .06, new Regulation .07, and the 

recodification of existing Regulations .07—.09 to be Regulations 

.08—.10 under COMAR 15.20.05 Manure Transport Project. This 

action, which was proposed for adoption in 42:19 Md. R. 1241—

1243 (September 18, 2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

JOSEPH BARTENFELDER 

Secretary of Agriculture 

Title 20 

PUBLIC SERVICE 

COMMISSION 

Subtitle 08 SUPPLIER DIVERSITY 

PROGRAM 

20.08.01 General 

Authority: Public Utilities Article, §§2-113 and 2-121, Annotated Code of 

Maryland 

Notice of Final Action 

[15-133-F] 

On January 13, 2016, the Public Service Commission adopted new 

Regulations .01—.08 under a new chapter, COMAR 20.08.01 

General, under a new subtitle, Subtitle 08 Supplier Diversity 

Program. This action, which was proposed for adoption in 42:11 

Md. R. 733—734 (May 29, 2015) and reproposed in 42:22 Md. R. 

1401 (October 30, 2015), has been adopted as reproposed. 

Effective Date: February 15, 2016. 

DAVID J. COLLINS 

Executive Secretary 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Notice of Final Action 

[15-360-F] 

On January 27, 2016, the Secretary of the Environment adopted 

amendments to: 

(1) Regulations .01 and .10 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulations .01, .04, .07, and .08 under COMAR 26.11.08 

Control of Incinerators. 

This action, which was proposed for adoption in 42:23 Md. R. 

1465—1468 (November 13, 2015), has been adopted with the 

nonsubstantive changes shown below. 

Effective Date: February 15, 2016. 

Attorney General's Certification 

In accordance with State Government Article, §10-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows: 

COMAR 26.11.01.10B(6)(c): The additional text clarifies the 

operating time intended for a COM system to demonstrate 

compliance and is consistent with COMAR 26.11.01.10D(2), as well 

as incinerator compliance demonstration requirements identified in 

COMAR 26.11.08.08A(2) and corresponding federal law (40 CFR 

60.58b(c), 40 CFR 63.1209). This language was within the intent and 

scope of the original proposal and is not a substantive change. 
FINAL ACTION ON REGULATIONS 

274

MARYLAND REGISTER, VOLUME 43, ISSUE 3, FRIDAY, FEBRUARY 5, 2016 

26.11.01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.10 Continuous Opacity Monitoring Requirements. 

A. (proposed text unchanged) 

B. General Requirements for COMs. 

(1) — (5) (proposed text unchanged) 

(6) The owner or operator of a municipal waste combustor that 

is required to install and operate a COM is subject to the following 

requirements: 

(a) — (b) (proposed text unchanged) 

(c) For the owner or operator of a municipal waste 

combustor that is required to install and operate a COM, compliance 

with visible emission standards is achieved if visible emissions do 

not exceed 10 percent opacity for a 6-minute block average during 

the unit's operating time. 

(d) — (e) (proposed text unchanged) 

C. — E. (proposed text unchanged)

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Title 31 

MARYLAND INSURANCE 

ADMINISTRATION 

Subtitle 10 HEALTH INSURANCE —

GENERAL 

31.10.27 Health Insurance—Notice of the 

Maryland Health Insurance Plan 

Authority: Insurance Article, §§2-109, 14-501, and 15-1303(c), Annotated 

Code of Maryland 

Notice of Final Action 

[15-376-F] 

On January 20, 2016, the Insurance Commissioner adopted the 

repeal of Regulations .01—.03 under COMAR 31.10.27 Health 

Insurance—Notice of the Maryland Health Insurance Plan. This 

action, which was proposed for adoption in 42:24 Md. R. 1527 

(November 30, 2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

ALFRED W. REDMER, JR. 

Insurance Commissioner 

Subtitle 16 MISCELLANEOUS 

Notice of Final Action 

[15-379-F] 

On January 22, 2016, the Insurance Commissioner adopted: 

(1) Amendments to the authority line under COMAR 

31.16.01 Disclosure to Policyholders of the Possible Effects of 

Assessable Insurance Policies;

(2) Amendments to the authority line under COMAR 

31.16.04 Provision of Completed Premium Finance Agreement to 

Insured;

(3) The repeal of Regulation .01 under COMAR 31.16.05 

Cancellation of Insurance Contracts by Premium Finance 

Companies;

(4) Amendments to the authority line under COMAR 

31.16.06 Bulk Reinsurance, Stock, and Mutual Insurers; and 

(5) The repeal of Regulations .01—.09 under COMAR 

31.16.07 Holocaust Victims Insurance Claims and Reports.

This action, which was proposed for adoption in 42:24 Md. R. 

1528 (November 30, 2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

ALFRED W. REDMER, JR. 

Insurance Commissioner 

Title 34 

DEPARTMENT OF 

PLANNING 

Subtitle 04 HISTORICAL AND 

CULTURAL PROGRAMS 

34.04.09 Maryland Historical Trust African 

American Heritage Preservation Program 

Authority: State Finance and Procurement Article, §5A-330, Annotated Code 

of Maryland 

Notice of Final Action 

[15-397-F] 

On January 26, 2016, the Maryland Department of Planning 

adopted the repeal of existing Regulations .01—.11 and adopted new 

Regulations .01—.11 under COMAR 34.04.09 Maryland Historical 

Trust African American Heritage Preservation Program. This 

action, which was proposed for adoption in 42:25 Md. R. 1568—

1572 (December 11, 2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

DAVID R. CRAIG 

Secretary of Planning 
PROPOSED ACTION ON REGULATIONS 

1195 

MARYLAND REGISTER, VOLUME 42, ISSUE 18, FRIDAY, SEPTEMBER 4, 2015 

(o) Terrorism and weapons of mass destruction; 

(p) Sensitivity to cultural and gender diversity; and 

(q) Individuals with physical, intellectual, developmental, 

and psychiatric disabilities.

(2) (text unchanged) 

D. — I. (text unchanged) 

.11 Voluntary Attendance at an Entrance-Level Training 

Program. 

A. (text unchanged) 

B. Selection Standards — Voluntary Entrance-Level Training. 

(1) (text unchanged) 

(2) The training director accepting an individual volunteering 

to attend police officer entrance-level training shall: 

(a) Ensure a criminal record check is performed on the 

individual through, at a minimum, the National Crime Information 

Center (NCIC) to determine if there is [derogatory] supplemental

information that conflicts with the requirements of the academy or 

Commission; 

(b) — (c) (text unchanged) 

C. — E. (text unchanged) 

.15 Drug Screening Procedures. 

A. — B. (text unchanged) 

C. Urine Sample Analysis. 

(1) (text unchanged) 

(2) A law enforcement agency conducting drug screening and 

analyzing a urine sample shall: 

(a) Conduct urine sample analysis according to provisions 

under Health-General Article, §17-214, Annotated Code of 

Maryland; 

[(a)] (b) Ensure that the urine sample is screened by an 

enzyme immunoassay, radioimmunoassay testing method, or another 

equally scientifically rigorous screening method; and 

[(b)] (c) [Ensure] At a minimum, ensure that the screening 

method includes[, at a minimum,] testing for the presence of the 

[following] controlled dangerous substances, narcotic drugs, or 

marijuana, or classes of controlled dangerous substances, or their 

metabolites[, at the minimum levels measured in nanograms per 

milliliter specified for each controlled dangerous substance, narcotic 

drug, or marijuana:] listed in §C(3) of this regulation. 

(3) A positive screen is indicated if the test result meets or 

exceeds an amount at the following levels measured in nanograms 

per milliliter specified for each controlled dangerous substance, 

narcotic drug, or marijuana, or classes of controlled dangerous 

substances, or their metabolites as follows: 

[(i)] (a) — [vii] (f) (text unchanged) 

[(vii)] (g) Benzodiazepines—300[;]. 

(4) Confirmation of a Positive Screen Required. 

[(c)] (a) [Ensure a] A positive [screening] screen of a urine 

sample [under §C(2)(b) of this regulation is confirmed] for each 

substance identified under §C(3) of this regulation shall be confirmed 

using gas chromatography, mass spectrometry, or other equally 

scientifically rigorous testing method[; and 

(d) Conduct urine sample analysis according to provisions 

under Health-General Article, §17-214, Annotated Code of 

Maryland].

[(3) The Commission considers a urine sample analyzed 

according to §C(2) of this regulation that shows the presence of a 

controlled dangerous substance, narcotic drug, or marijuana in an 

amount that meets or exceeds the nanograms per milliliter specified 

to be a positive screen and requires confirmation according to 

§C(2)(c) of this regulation.]

[(4)] (b) [Unless confirmed according to §C(2)(c) of this 

regulation, the Commission considers a] A urine sample [screened]

resulting in a positive screen using the method under [§C(2)(a)]

§C(2)(b) of this regulation alone is inconclusive, unless the positive 

screen result is confirmed according to §C(4)(a) of this regulation. 

.16 Prior Substance Abuse by Applicants for Certification. 

A. — E. (text unchanged) 

F. Indication of Use of a Controlled Dangerous Substance, 

Narcotic Drug, or Marijuana. 

(1) (text unchanged) 

(2) The law enforcement agency shall verify the veracity of the 

applicant's statements, responses to questions, [or] and any other 

information provided by the applicant related to the use of a 

controlled dangerous substance, narcotic drug, or marijuana using a 

truth verification device. 

(3) — (5) (text unchanged) 

G. — H. (text unchanged) 

STEPHEN T. MOYER 

Secretary of Public Safety and Correctional Services 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.02 Permits, Approvals, and Registration 

Authority: Environment Article, §§1-101, 1-404, 1-601—1-606, 2-101—

2-103, 2-301—2-303, and 2-401—2-404, Annotated Code of Maryland 

Notice of Proposed Action 

[15-248-P]

 The Secretary of the Environment proposes to amend Regulations 

.07, .11, and .12 under COMAR 26.11.02 Permits, Approvals, and 

Registration. 

Statement of Purpose 

The purpose of this action is to implement the statutory 

requirements of S.B. 1065, Acts of 2009, which were effective on 

January 1, 2010. The amendments also incorporate requirements of 

H.B. 554 and H.B. 95, Acts of 2013, both of which were effective 

October 1, 2013. This action will be submitted to the U.S. 

Environmental Protection Agency (EPA) for approval as part of 

Maryland's State Implementation Plan (SIP).

Background 

S.B. 1065 expanded standing for challenges to most of the 

Department’s major permits and substituted direct judicial review for 

the previous contested case process for those same permits. The most 

significant impact on the Department’s permitting process was the 

elimination of the Office of Administrative Hearings’ (OAH) 

adjudicatory hearing process. Instead, permits are now issued and are 

effective upon a final determination, and citizens contesting the 

issuance of a permit must appeal directly to circuit court. While the 

Department continues to follow many of the previous procedures 

governing issuance of permits, the new law required some regulatory 

and procedural changes. 

H.B. 554 required the Department to notify elected officials of 

permit proceedings within a 1-mile radius of a source subject to the 

expanded public participation requirements. Elected officials include 

mayors, county officials, and State legislators. 

H.B. 95 established an alternate public participation process for 

sources subject to expanded public participation that trigger EPA 

New Source Performance Standards (NSPS) only. Examples of 

NSPS-only sources include small combined heat and power facilities 

and medium-sized boilers. If the NSPS source is also listed as a State 
PROPOSED ACTION ON REGULATIONS 

1196 

MARYLAND REGISTER, VOLUME 42, ISSUE 18, FRIDAY, SEPTEMBER 4, 2015 

permit to operate source, it is not affected by H.B. 95. These sources 

continue to be subject to expanded public participation requirements. 

Requirements 

This action implements the requirements of S.B. 1065, H.B. 554, 

and H.B. 95 as discussed above. 

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on October 6th, 2015, at 10 a.m. at the 

Department of the Environment, 1800 Washington Boulevard, 1st 

Floor Conference Rooms, Baltimore, Maryland 21230-1720. 

Interested persons are invited to attend and express their views. 

Comments may be sent to Mr. Randy Mosier, Chief of the Regulation 

Division, Air and Radiation Management Administration, 

Department of the Environment, 1800 Washington Boulevard, Suite 

730, Baltimore, Maryland 21230-1720, or emailed to 

randy.mosier@maryland.gov. Comments must be received not later 

than October 6th, 2015, or be submitted at the hearing. For more 

information, call Randy Mosier at (410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

x The Department of the Environment’s website at: 

http://www.mde.state.md.us/programs/regulations/air/Pages

/reqcomments.aspx

x The Air and Radiation Management Administration Office 

in Baltimore; and 

x The regional offices of the Department in Cumberland and 

Salisbury. Anyone needing special accommodations at the 

public hearing should contact the Department’s Fair 

Practices Office at (410) 537-3964. TTY users may contact 

the Department through the Maryland Relay Service at 1-

800-735-2258. 

.07 Procedures for Denying, Revoking, or Reopening and 

Revising a Permit or Approval. 

A. [Notification of Denial; Hearings. A denial of a permit to

construct, an approval, a State permit to operate, or the State-only 

enforceable provisions of a Part 70 permit shall be served as

summonses are served or by certified mail upon the applicant, and is

final unless the applicant requests a hearing before the Department 

within 15 days after service. When a hearing is requested by the 

applicant, it shall be held pursuant to the contested case provisions of

State Government Article, Title 10, Subtitle 2, and Environment 

Article, §2-605, Annotated Code of Maryland.] Denial of Approvals, 

State Permits to Operate or State-Only Enforceable Provisions of a 

Part 70 Permit. 

(1) Denial is final unless the applicant requests a hearing 

before the Department within 15 days after service. 

(2) When a hearing is requested by the applicant, it shall be

held pursuant to the contested case provisions of State Government 

Article, Title 10, Subtitle 2, Annotated Code of Maryland. 

(3) Denials shall be served as summonses are served, or by

certified mail upon the applicant. 

B. Denial of Permits to Construct. 

(1) A denial of a permit to construct a source, except for a 

permit to construct a source subject to Regulation .12 of this chapter, 

is a final determination subject to judicial review in accordance with 

Regulation .11M of this chapter. 

(2) Notice of the denial of a permit to construct shall be given 

in accordance with the notice of final determination provisions in

Regulation .11L of this chapter. 

[B.] C. Revoking or Reopening a Permit. Except as protected by a 

permit shield provided in accordance with COMAR 26.11.03.23, the 

Department may issue an order revoking or reopening a State permit 

to operate, or the State-only enforceable provisions of a Part 70 

permit, for violation of a provision of the permit or this subtitle. An 

order revoking or reopening a permit shall be served as summonses 

are served or by certified mail upon the permittee, and is final unless 

the permittee requests a contested case hearing [before the 

Department] within 15 days after service. When a hearing is 

requested by the permittee, it shall be held pursuant to the contested 

case provisions of State Government Article, Title 10, Subtitle 2, 

[and Environment Article, §2-605,] Annotated Code of Maryland. 

.11 Procedures for Obtaining Permits to Construct Certain 

Significant Sources. 

A. Applicability. 

(1)—(2) (text unchanged) 

(3) Before issuing a permit to construct for any of the activities 

listed in §A(2) of this regulation, at a source that is subject to federal 

new source performance standards under 40 CFR 60, the 

Department shall either comply with the provisions of §§E—N of this 

regulation, or with the following procedures: 

(a) Electronically post a notice of an application for the 

permit on the Department’s website in accordance with Environment 

Article, §1-602(B)(2), Annotated Code of Maryland; 

(b) Give notice to the chief executive of any county or

municipal corporation in which any portion of the source is located 

or is proposed to be located; and 

(c) Receive comments from the public on the permit 

application. 

B. Exception for an Approval and for Certain Control Equipment. 

Notwithstanding the requirements of §A, this regulation does not 

apply to: 

(1) (text unchanged) 

(2) [A source that constitutes] The construction or installation 

of air pollution control equipment for which a permit to construct is 

required, as provided in Regulation .09 of this chapter, and that will 

control an existing source. 

C.—D. (text unchanged) 

E. Notice of Application; Informational Meeting. 

(1) The Department shall require the applicant to send to a 

newspaper for publication a notice regarding the application that 

satisfies the requirements of Environment Article, §1-602(a), 

Annotated Code of Maryland. As determined by the Department, the 

notice shall provide for an informational meeting or an opportunity 

for the public to request an informational meeting within 10 days of

publication of the notice. If the Department decides to hold an

informational meeting because of requests for a meeting, the 

Department shall publish or require the applicant to publish a notice 

regarding the informational meeting that satisfies the requirements of

Environment Article, §1-602(a), Annotated Code of Maryland. 

Unless the Department determines otherwise, notice of an

informational meeting shall be published not later than 10 days 

before the meeting is held.

(2) In addition to the requirements under §E(1) of this 

regulation, on receipt of an application for a permit to construct 

subject to this regulation, the Department shall give notice 
PROPOSED ACTION ON REGULATIONS 

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MARYLAND REGISTER, VOLUME 42, ISSUE 18, FRIDAY, SEPTEMBER 4, 2015 

immediately or require the applicant to give notice immediately of the 

application, by certified mail, to: 

(a) The governing body of each county or municipal 

corporation in which any portion of the source is located or is 

proposed to be located; 

(b) The governing body of each county or municipal 

corporation within 1 mile of the property line of the source or the 

proposed location of the source; 

(c) Each member of the General Assembly representing any 

part of a county in which any portion of the source is located or 

proposed to be located; and 

(d) Each member of the General Assembly representing any 

part of each county within 1 mile of the property line of the source or

the proposed location of the source. 

F.—G. (text unchanged) 

H. Tentative Determination. 

(1) The Department shall prepare a tentative determination 

regarding the application. The content of the tentative determination 

shall include: 

[(1)] (a)—[(4)] (d) (text unchanged) 

[(5)] (e) If the tentative determination is to issue the permit, a 

draft permit, which [will] shall be available to the public for 

inspection and copying. 

(2) In addition to the content of the tentative determination, the 

following documents shall be made available to the public for 

inspection and copying no later than the date of issuance of the 

tentative determination: 

(a) The permit application and all supporting documents 

submitted with the application; 

(b) All nonprivileged documents the Department relied upon 

in making the tentative determination; and 

(c) A privilege log that identifies all withheld documents and

states the reasons for withholding each document. 

I. Notice of Tentative Determination; Public Comment; Public 

Hearing. The Department shall publish or require the applicant to 

publish a notice regarding the tentative determination that satisfies 

the requirements of Environment Article, §1-602[(a)], Annotated 

Code of Maryland. [As determined by the Department, the] The 

notice shall provide the opportunity for written public comment 

[within] for a period of 30 days [and], which may be extended no

more than once by an additional 60 days, upon written request 

received by the Department within the original comment period. As

determined by the Department, the notice shall provide either that a 

public, nonadjudicatory hearing will be held regarding the tentative 

determination or that the public may request in writing within 20 

days that a public hearing be held. If the Department decides to hold 

a public hearing because of requests for a hearing from the general 

public filed in writing within the 20-day request period, or from the 

applicant, the Department shall publish or require the applicant to 

publish a notice regarding the hearing that satisfies the requirements 

of Environment Article, §1-602(a), Annotated Code of Maryland. 

J. Public Comments. If a public hearing is held regarding the 

tentative determination, the applicant shall attend the hearing and 

present information concerning the application. Written public 

comments will be accepted if they are received by the Department at 

the public hearing or within 5 days after the public hearing or before 

the close of the public comment period. Oral public comments may 

be made at the public hearing. The Department shall consider all 

public comments that raise issues of law or material fact regarding an 

application for a permit or a tentative determination, but only if the 

issues are pertinent to requirements of the Clean Air Act or State air 

pollution control law applicable to the proposed permit to construct. 

Comments raising issues that relate to the location or nature of a 

proposed source may be considered only if the commenter first 

demonstrates to the satisfaction of the Department that the 

Department is required by law to consider the issues. 

K. Final Determination. 

(1) The Department shall prepare a final determination if: 

[(1)] (a)—[(2)] (b) (text unchanged) 

[(3)] (c) The final determination is substantively different from 

the tentative determination [and all persons aggrieved by the final 

determination have not waived in writing their right to request a 

contested case hearing]. 

(2) The final determination shall constitute the Department’s

final decision. 

L. Notice of Final Determination. 

(1) If the Department is required to prepare a final 

determination, as provided in §K of this regulation[, the Department 

shall]: 

(a) Subject to the requirements of §L(1)(b)(i)—(iii) of this 

regulation, the Department shall publish or require the applicant to

publish a [notice of the final determination] Notice of Final 

Determination that satisfies the requirements of Environment Article, 

§1-602(a), Annotated Code of Maryland[:]; and

(b) If the final determination differs substantively from the 

tentative determination, then prior to publishing a Notice of Final 

Determination pursuant to §L(1)(a) of this regulation the Department 

may: 

(i) Publish a Notice of Intent to Issue a Final 

Determination that includes a proposed final determination, and 

provides the opportunity for written public comment for a period of

30 days on the portion of the proposed final determination that 

differs substantively from the tentative determination; 

(ii) Consider all public comments submitted on the 

portion of the proposed final determination that differs substantively 

from the tentative determination, subject to the criteria set forth in

COMAR 26.11.02.11J; and 

(iii) Prepare written responses to public comments 

submitted on the proposed final determination. 

(2) If the Department is not required to prepare a final 

determination under §K of this regulation, the Department shall issue 

or deny the permit and the tentative determination becomes the final 

determination and shall constitute the Department’s final decision. 

(3) The Department shall electronically post notice that the 

tentative determination has become the final determination on the 

Department’s website. 

[M.] (proposed for repeal) 

M. Judicial Review. 

(1) In accordance with Environment Article, §1-601(c),

Annotated Code of Maryland, a final determination by the 

Department to issue or deny a permit to construct subject to

Environment Article, §2-404, Annotated Code of Maryland, shall be

subject to judicial review at the request of any person who: 

(a) Meets the threshold standing requirements under federal 

law; and 

(b) Is the applicant or participated in a public participation 

process through the submission of written or oral comments, unless 

an opportunity for public participation was not provided. 

(2) Judicial review shall be on the administrative record before 

the Department and limited to objections raised during the public 

comment period, unless the petitioner demonstrates that: 

(a) The objections were not reasonably ascertainable during 

the comment period; or

(b) Ground for objections arose after the comment period. 

(3) Unless otherwise required by statute, a petition for judicial 

review shall be filed with the circuit court for the county where the 

application for the permit states that the proposed activity will occur. 
PROPOSED ACTION ON REGULATIONS 

1198 

MARYLAND REGISTER, VOLUME 42, ISSUE 18, FRIDAY, SEPTEMBER 4, 2015 

(4) A person submitting a petition for judicial review shall file

the petition within 30 days after publication of a Notice of Final 

Determination. 

(5) Except as expressly provided in Environment Article, §1-

605(d), Annotated Code of Maryland, a party to the judicial review 

action may not challenge a facility’s compliance with zoning and 

land use requirements. 

(6) Judicial review under this regulation shall be limited to a 

record compiled by the Department consisting of: 

(a) Any permit application and any data submitted to the 

Department in support of the application; 

(b) Any draft permit issued by the Department; 

(c) Any notice of intent from the Department to deny the 

application or to terminate the permit; 

(d) A statement or fact sheet explaining the basis for the 

determination by the Department; 

(e) All documents referenced in the statement or fact sheet 

explaining the basis for the determination by the Department; 

(f) All documents, except documents for which disclosure is

precluded by law or that are subject to privilege, contained in the 

supporting file for any draft permit; 

(g) All comments submitted to the Department during the 

public comment period, including comments made on the draft 

application; 

(h) Any tape or transcript of any public hearings held on the 

application; and 

(i) Any response to any comments submitted to the 

Department. 

N. For the purposes of this regulation, a notice that satisfies the 

requirements of Environment Article, §1-602(a), Annotated Code of

Maryland, is a notice that is published at least once a week for 2 

consecutive weeks in a daily newspaper of general circulation in the 

geographic area in which the [proposed] source is, [to] or will be,

located. The Department may also require the applicant to mail notice 

to any other person who has requested the notice, or to the person's 

authorized representative, and may require the applicant to post the 

notice in the vicinity of the proposed source or at public facilities in

the geographic area of the proposed source. The applicant shall bear 

all costs related to providing the notice. 

.12 Procedures for Obtaining Approvals of PSD Sources and 

NSR Sources, Certain Permits to Construct, and [Permit 

to Construct] Case-by-Case MACT Determinations [On a 

Case-by-Case Basis] in Accordance with 40 CFR Part 63,

Subpart B[, and Certain 100-Ton Sources]. 

A. Applicability. [Except as provided in §B of this regulation, the]

The owner or operator of a source shall comply with the procedures 

in this regulation when applying for the following: 

(1) (text unchanged) 

(2) [Except as required in] Unless it is subject to Regulation .11 

of this chapter: 

(a) — (b) (text unchanged) 

(3) (text unchanged) 

(4) A [permit to construct a] case-by-case MACT 

determination [on a case-by-case basis] for a source, in accordance 

with 40 CFR Part 63, Subpart B.

[B.] (proposed for repeal) 

B. Procedures. The owner or operator of a source subject to this 

regulation shall comply with the procedures in §§C—L of this 

regulation. 

C.—L. (text unchanged) 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.24 [Stage II] Vapor Recovery at Gasoline 

Dispensing Facilities 

Authority: Environment Article, §§1-404, 2-103, 2-301—2-303, Annotated 

Code of Maryland 

Notice of Proposed Action 

[15-249-P-I]

 The Secretary of the Environment proposes to amend Regulation 

.01, .01-1, .02, .03, .04, and .07 and adopt new regulations .03-1

under COMAR 26.11.24 Vapor Recovery at Gasoline Dispensing 

Facilities.

Statement of Purpose 

The purpose of this action is to allow new gasoline dispensing 

facilities (GDFs) and GDFs undergoing major modifications the 

option to choose not to install or decommission existing Stage II 

vapor recovery equipment. Existing GDFs may decommission Stage 

II vapor recovery equipment after October 1, 2016. 

Owners and operators of GDFs that elect to continue with their 

Stage II equipment can do so, but must continue to test, repair, 

replace, retrofit, and maintain the Stage II equipment in accordance 

with Stage II requirements. 

The proposed regulation will be submitted to the U.S. EPA for 

approval as a revision to Maryland's State Implementation Plan (SIP). 

Background 

The Clean Air Act (CAA) §182(b)(3) required Stage II vapor 

recovery for areas classified as moderate, serious, severe, and 

extreme ozone nonattainment areas. Stage II or Stage II equivalent 

measures were required Statewide because Maryland is part of the 

Ozone Transport Region. Equivalent measures rather than Stage II 

were adopted in attainment areas of the State. 

Stage II systems transfer by displacement the vapors consisting of 

fuel air mixture, from the motor vehicle fuel tank fill pipe to the 

gasoline service station underground storage tank thus preventing 

volatile organic compounds (VOC) from polluting the air during 

refueling. The capture of vapors takes place at the interface between 

the fill pipe and the dispensing nozzle. In the underground tank, the 

vapors remain in either gaseous or liquid phase as equilibrium 

between the phases is established. 

COMAR 26.11.24, as currently promulgated, requires Stage II 

Vapor Recovery at all gasoline dispensing facilities built after 

November 15, 1990, in Baltimore City and Anne Arundel, Baltimore, 

Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, 

Montgomery, and Prince George's counties. Affected sources have 

been required to install Stage II systems that meet California Air 

Resources Board (CARB) standards, with all parts clearly identified 

as being CARB certified. Over 40 types of Stage II systems have met 

the rigorous CARB certification standards and carry specific 

Executive Order numbers. Under existing Maryland requirements, 

facilities must have at least one person trained to operate and 

maintain the installed Stage II systems. Facilities required to install 

and operate Stage II systems are subject to initial and annual testing 

and inspection requirements, and must maintain records of Stage II 

maintenance and a malfunction log. COMAR 26.11.24 is currently 

part of Maryland’s State Implementation Plan (SIP) under the Clean 

Air Act. 

Onboard refueling vapor recovery (ORVR) is a vehicle emission 

control system required under CAA §202(a)(6) starting with certain 

1998 model year gasoline-powered light duty motor vehicles, and 

covering most vehicles by model year 2006. This system transfers the 

vapors to a canister in the vehicle filled with activated carbon. The 

energy content of the captured vapors in the ORVR canister is 
FINAL ACTION ON REGULATIONS 

1506 

MARYLAND REGISTER, VOLUME 42, ISSUE 24, MONDAY NOVEMBER 30, 2015 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.02 Permits, Approvals, and Registration 

Authority: Environment Article, §§1-101, 1-404, 1-601—1-606, 2-101—2-

103, 2-301—2-303, and 2-401—2-404, Annotated Code of Maryland 

Notice of Final Action 

[15-248-F] 

On November 10, 2015, the Secretary of the Environment adopted 

amendments to Regulations .07, .11, and .12 under COMAR 

26.11.02 Permits, Approvals, and Registration. This action, which 

was proposed for adoption in 42:18 Md. R. 1195—1198 (September 

4, 2015), has been adopted as proposed. 

Effective Date: December 10, 2015. 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.38 Control of NOx Emissions from CoalFired Electric Generating Units 

Authority: Environment Article §§1-404, 2-103, and 2-301—2-303, 

Annotated Code of Maryland 

Notice of Final Action 

[15-254-F] 

On November 17, 2015, the Secretary of the Environment adopted 

amendments to Regulation .01, amendments to and the recodification 

of existing Regulations .04 and .05 to be Regulations .05 and .06, and 

new Regulations .04 and .07 under COMAR 26.11.38 Control of 

NOx Emissions from Coal-Fired Electric Generating Units. This 

action, which was proposed for adoption in 42:19 Md. R. 1243 —

1246 (September 18, 2015), has been adopted as proposed. 

Effective Date: December 10, 2015. 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Title 28 

OFFICE OF 

ADMINISTRATIVE 

HEARINGS 

Subtitle 03 FEES 

28.03.01 Fees 

Authority: State Government Article, §§9-1604(b)(1)(v) and (vi), Annotated 

Code of Maryland 

Notice of Final Action 

[15-119-F] 

On July 14, 2015, the Office of Administrative Hearings adopted 

amendments to Regulation .03 under COMAR 28.03.01 Fees. This 

action, which was proposed for adoption in 42:11 Md. R. 738 (May 

29, 2015), has been adopted as proposed. 

Effective Date: December 10, 2015. 

THOMAS DEWBERRY 

Chief Administrative Officer 

Subtitle 03 FEES 

28.03.01 Fees 

Authority: State Government Article, §§9-1604(b)(1)(v) and (vi), Annotated 

Code of Maryland 

Notice of Final Action 

[15-142-F] 

On July 14, 2015, the Office of Administrative Hearings adopted 

amendments to Regulation .06 under COMAR 28.03.01 Fees. This 

action, which was proposed for adoption in 42:11 Md. R. 738 (May 

29, 2015), has been adopted as proposed. 

Effective Date: December 10, 2015. 

THOMAS DEWBERRY 

Chief Administrative Officer 

Title 30 

MARYLAND INSTITUTE 

FOR EMERGENCY 

MEDICAL SERVICES 

SYSTEMS (MIEMSS) 

Subtitle 08 DESIGNATION OF 

TRAUMA AND SPECIALTY 

REFERRAL CENTERS 

30.08.12 Perinatal and Neonatal Referral Center 

Standards 

Authority: Education Article, §13-509, Annotated Code of Maryland 

Notice of Final Action 

[15-259-F] 

On November 10, 2015, the Maryland State Emergency Medical 

Services Board adopted amendments to Regulation .11 under 

COMAR 30.08.12 Perinatal and Neonatal Referral Center 

Standards. This action, which was proposed for adoption in 42:19 

Md. R. 1246—1247 (September 18, 2015), has been adopted as 

proposed. 

Effective Date: December 10, 2015. 

KEVIN G. SEAMEN, M.D. 

Executive Director 
PROPOSED ACTION ON REGULATIONS 

1465 

MARYLAND REGISTER, VOLUME 42, ISSUE 23, FRIDAY, NOVEMBER 13, 2015 

310 Prostitution and Related Crimes

Prostitution, etc.—Human trafficking, take, 

harbor, or unlawfully detain a minor for 

prostitution 

1-0754

1-0756

1-0758

1-0761

1-0786

1-0787

1-0788

1-0789

CR, §11-

303(c)(2)

Felony 25Y Person II $15,000

311—384-3 (text unchanged)

385 Theft, Crimes Involving

Misdemeanor theft or theft scheme, less 

than $100

1-0521

1-1631

CR, §7-

104(g)(3) 

Misd. 90D Property VII $500

386—402 (text unchanged)

403 Weapons Crimes—In General 

Possession of regulated firearm after having 

been convicted of a crime of violence or 

select drug crimes 

1-1609 PS, §5-133(c) Felony 15Y MM* = 

5Y[1]2

Person V

404—420 (text unchanged)

1

A court may depart from this proscribed mandatory minimum sentence if the court finds and states on the record that, giving due regard to 

the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation: (1) imposition of 

the mandatory minimum sentence would result in substantial injustice to the defendant; and (2) the mandatory minimum sentence is not 

necessary for the protection of the public.

[1]2

At the time of the offense, if more than 5 years has elapsed since the person completed serving the sentence for the most recent conviction

of a crime of violence or select drug crimes (including all imprisonment, mandatory supervision, probation, and parole), the imposition of the 

mandatory minimum sentence is within the discretion of the court. 

MM* = Non-suspendable mandatory minimum penalty 

♦ Defined as a violent crime in Correctional Services Article, §7-101, Annotated Code of Maryland. At the time of imposition of a sentence

of incarceration for these offenses, Criminal Procedure Article, §6-217, Annotated Code of Maryland indicates the Court shall state in open 

court the minimum time the defendant must serve before becoming eligible for parole. 

♦♦ Defined as a violent crime only under certain circumstances specified in Criminal Law Article, §14-101, Annotated Code of Maryland.

General Rules (text unchanged)

DAVID SOULE 

Executive Director 

______________________________________ 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Notice of Proposed Action 

[15-360-P]

The Secretary of the Environment proposes to amend: 

(1) Regulations .01 and .10 under COMAR 26.11.01 General

Administrative Provisions; and 

(2) Regulations .01, .04, .07, and .08 under COMAR 26.11.08

Control of Incinerators. 

Statement of Purpose 

The purpose of this action is to make amendments that will: 

1. Clarify requirements for incinerators and Portland cement

plants that demonstrate compliance with visible emissions (VE) 

standards through use of continuous opacity monitors (COMs); 

2. Delete the applicability of the Department’s Technical

Memorandum 90-01 (TM) for incinerators equipped with COMs; and 

3. Exempt incinerators that are (1) owned or operated by a

government entity and (2) used solely to destroy illegal or prohibited 

goods from COMAR 26.11.08 requirements. 

The amendments will be submitted to EPA for review and 

approval to be included in Maryland’s Section 111(d) Plan and as 

part of Maryland’s State Implementation Plan.

Background 

Compliance Clarification for Sources Required to Operate COMs 

In 1991, the Department adopted regulations that required certain 

major sources to install and operate COMs and to demonstrate 

compliance with opacity standards using COM data. At that time, the 

Department also adopted its TM that provided the methods to be used 

to demonstrate compliance with VE requirements using COM data. 

For COMs, compliance was based on achieving the applicable VE 

standard for a certain percentage of the source’s operating time.

Through these amendments the Department will eliminate the use 

of the TM for COMs and develop specific requirements to replace the 

TM. Part II of the TM contained QA/QC procedures for COMs that 

has been codified in COMAR 26.11.31. 

During the past several years, the EPA has adopted numerous 

requirements for incinerators under Clean Air Act Section 111(d). 

Nearly all incinerators in Maryland are subject to regulations that are 

based on Section 111(d) requirements. Most incinerators subject to 

these federal requirements are subject to 10 percent opacity. These 
PROPOSED ACTION ON REGULATIONS 

1466 

MARYLAND REGISTER, VOLUME 42, ISSUE 23, FRIDAY, NOVEMBER 13, 2015 

regulations are more restrictive than the 20 percent opacity 

requirement contained in COMAR 26.11.08.04A(1) that applies to 

incinerators in the rural areas of the State. Therefore, those rural 

incinerators are subject to a 10 percent opacity standard when 

operating a COM. Under EPA Method 9 observations, the visible 

emission exceptions of COMAR 26.11.08.04C apply. For 

incinerators that are required to install and operate a COM, visible 

emissions may not exceed 10 percent opacity. Sources may request 

an alternate opacity limit for specific operating conditions based on 

technological limitations which will be subject to approval by MDE 

and EPA. 

Portland cement plants located in urban areas of Maryland are 

subject to a 10 percent opacity standard, whereas rural cement plants 

are subject to a 20 percent opacity standard as specified in COMAR 

26.11.30.05. Under EPA Method 9 observations, the visible 

emissions standards in COMAR 26.11.30.05B(1) and (2) do not 

apply to emissions as specified in COMAR 26.11.06.02A(2). For 

cement kilns that are required to install and operate a COM, visible 

emissions may not exceed the applicable standards as specified in 

COMAR 26.11.30.05B(1) and (2). Sources may request an alternate 

opacity limit for specific operating conditions based on technological 

limitations which will be subject to approval by MDE and EPA. 

Under COMAR 26.11.30.05, cement kilns or clinker coolers may 

either operate COMs or PM CPMS (particulate matter continuous 

parameter monitoring systems). 

Incinerator Exemption 

A number of law enforcement agencies, military installations and 

other government entities are using modified 55-gallon drums to 

destroy illegal drugs and trash from international flights that might 

cause biocontamination. The drums, commonly called cyclonic burn 

barrels, are equipped with fans, lids and other accessories that, when 

taken altogether, make these drums fit the definition of an incinerator. 

The Department is taking action to exempt these drums from the 

incinerator requirements as the federal government has also done. 

Under federal New Source Performance Standards (NSPS) (40 

CFR Part 60, Subpart EEEE), an incinerator unit that is owned or 

operated by a government agency that combusts contraband or 

prohibited goods is exempt from the federal requirements. The 

Department is incorporating this provision into the definition of 

incinerator so that Maryland regulations do not conflict with the 

federal exemption. 

Sources Affected and Location 

The amendments will affect four existing municipal waste 

combustors (MWCs). One MWC is located in Baltimore City, one in 

Frederick County, one in Harford County and one in Montgomery 

County.

The amendments will also affect two existing Portland cement 

manufacturing plants in Maryland. 

Requirements 

Amendments to COMAR 26.11.01.10 clarify requirements for 

incinerators and Portland cement plants that demonstrate compliance 

with visible emissions (VE) standards through use of continuous 

opacity monitors (COMs). The amendments reference appropriate 

regulations where VE standards are contained, establish compliance 

criteria for these sources, and specify use of the QA/QC procedures 

in COMAR 26.11.31. 

MWCs located in the Baltimore/Washington areas are subject to 

the no visible emissions requirement contained in COMAR 

26.11.08.04A(2). In these areas, compliance with the no VE 

requirement is demonstrated with a COM if VE are less than 10 

percent opacity. Regulation 26.11.08.04 Visible Emissions now 

includes requirements for incinerators equipped with COMs. 

Regulation 26.11.08.07 is approved as part of Maryland’s Section 

111(d) Plan and is amended to clarify that the regulation applies to 

small MWCs. 

Regulation 26.11.08.08 is approved as part of Maryland’s Section

111(d) Plan for large MWCs. The amendments remove the 

applicability of TM 90-01 and add the requirement that the QA/QC 

will be as in new COMAR 26.11.31. 

Expected Emissions Reductions 

These amendments clarify and streamline the regulations and are 

unlikely to produce emission reductions. The action establishes 

revised compliance procedures relating to sources that are required to 

operate continuous opacity monitors under COMAR 26.11.01.10 

Continuous Opacity Monitoring Requirements. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action 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. 

Interested persons are invited to attend and express their views. 

Comments may be sent to Mr. Randy Mosier, Chief of the Regulation 

Division, Air and Radiation Management Administration, 

Department of the Environment, 1800 Washington Boulevard, Suite 

730, Baltimore, Maryland 21230-1720, or emailed to 

randy.mosier@maryland.gov.

Comments must be received not later than December 14, 2015 or 

be submitted at the hearing. For more information, call Randy Mosier 

at (410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

• The Department of the Environment’s website at:

http://www.mde.state.md.us/programs/regulations/air/Pages/req

comments.aspx

• The Air and Radiation Management Administration Office in 

Baltimore; and 

• The regional offices of the Department in Cumberland and

Salisbury. 

Anyone needing special accommodations at the public hearing 

should contact the Department’s Fair Practices Office at (410) 537-

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

26.11.01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.01 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(1) — (8) (text unchanged) 
PROPOSED ACTION ON REGULATIONS 

1467 

MARYLAND REGISTER, VOLUME 42, ISSUE 23, FRIDAY, NOVEMBER 13, 2015 

(8-1) Continuous Burning. 

(a) “Continuous burning” means the continuous, semicontinuous, or batch feeding of municipal solid waste for purposes of 

waste disposal, energy production, or providing heat to the 

combustion system in preparation for waste disposal or energy 

production. 

(b) “Continuous burning” does not include the period when 

municipal solid waste is solely used to provide thermal protection of 

the grate or hearth.

(9) — (27) (text unchanged) 

(27-1) Operating Time. 

(a) “Operating time” means, for the purpose of determining 

compliance or non-compliance with COM requirements of this 

chapter for cement kilns, the actual time in hours that an affected unit 

operates, beginning when the raw feed is being continuously 

introduced into the kiln for at least 120 minutes or when the raw feed 

rate exceeds 60 percent of the kiln design limitation rate, whichever 

occurs first, and ending when the introduction of raw feed to the kiln 

is halted. 

(b) “Operating time” means, for the purpose of determining 

compliance or non-compliance with COM requirements of this 

chapter for municipal waste combustors, the actual time in hours that 

an affected unit operates, beginning when continuous burning of 

solid waste starts and ending when continuous burning of solid waste 

ceases. 

(28) — (53) (text unchanged) 

.10 Continuous Opacity Monitoring Requirements. 

A. Applicability and Exceptions. 

(1) — (5) (text unchanged) 

(6) Sources may request for approval by the Department and 

EPA an alternate limit for specific operating conditions in which the 

technological limitations of the control equipment adversely affects 

the ability of the source to comply with visible emissions limits by 

following the recommendations at 80 FR 33980. The alternate limit 

shall be submitted to EPA as a SIP revision and included in 40 CFR 

Part 52 Subpart V 52.1070(d) for Maryland Source Specific SIP 

revisions.

B. General Requirements for COMs. 

(1) — (2) (text unchanged) 

(3) A COM shall comply with the applicable requirements in 

40 CFR Part 51, Appendix P, [Sections 3.3—3.9,] as amended, which 

is incorporated by reference. 

(4) (text unchanged) 

(5) The owner or operator of a cement kiln or clinker cooler 

that is operating a COM is subject to the following requirements. 

(a) The owner or operator of a cement kiln or clinker cooler 

may not cause or permit the discharge of emissions which exceed the 

visibility standards in COMAR 26.11.30.05B. 

(b) The visibility standards in COMAR 26.11.30.05B(1) and 

(2) do not apply to emissions as specified in COMAR 

26.11.06.02A(2) during EPA reference Method 9 observations. 

(c) For the purpose of demonstrating compliance with 

COMAR 26.11.30.05B(2) when using a COM, emissions that are 

visible to a human observer are those that are equal to or greater 

than 10 percent opacity. 

(d) For the owner or operator of a cement kiln or clinker 

cooler that is operating a COM, compliance with visible emission 

standards is achieved if visible emissions do not exceed the 

applicable visible emission limitations in 26.11.30.05B(1) or (2) as 

applicable. 

(e) Notwithstanding the requirements in §B(5)(a)-(d) of this 

regulation, the Department may determine compliance and noncompliance with the visible emission limitations by performing EPA 

reference Method 9 observations. 

(f) The owner or operator of a cement kiln or clinker cooler 

that is operating a COM shall meet the quality assurance 

requirements under COMAR 26.11.31. 

(6) The owner or operator of a municipal waste combustor that 

is required to install and operate a COM is subject to the following 

requirements. 

(a) The owner or operator of a municipal waste combustor

may not cause or permit the discharge of emissions which exceed the 

visibility standards in COMAR 26.11.08.04 as determined by EPA 

reference Method 9 observations. 

(b) For the purpose of demonstrating compliance with 

COMAR 26.11.08.04 when using a COM, emissions that are visible 

to a human observer are those that are equal to or greater than 10 

percent opacity. 

(c) For the owner or operator of a municipal waste 

combustor that is required to install and operate a COM, compliance 

with visible emission standards is achieved if visible emissions do not 

exceed 10 percent opacity. 

(d) Notwithstanding the requirements in §B(6)(a)-(c) of this 

regulation, the Department may determine compliance and noncompliance with the visible emission limitations by performing EPA 

reference Method 9 observations. 

(e) The owner or operator of a municipal waste combustor 

that is operating a COM shall meet the quality assurance 

requirements under COMAR 26.11.31. 

C. —E. (text unchanged) 

[F. Fuel burning equipment subject to the COM requirements in 

COMAR 26.11.09.05 and cement kilns subject to the COM 

requirements in COMAR 26.11.30 are subject to the COM 

requirements contained in COMAR 26.11.31.]

26.11.08 Control of Incinerators 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 2-406, 10-102, and 10-103, Annotated Code of Maryland 

.01 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(1) — (19) (text unchanged) 

(20) Incinerator. 

(a)—(b) (text unchanged) 

(c) “Incinerator” does not mean any unit owned or operated 

by a government agency to destroy illegal or prohibited goods. The 

exclusion does not apply to items either confiscated or incinerated by 

private, industrial, or commercial entities. 

(21)—(61) (text unchanged) 

.04 Visible Emissions. 

A.—C. (text unchanged) 

D. The owner or operator of a municipal waste combustor that is 

required to install and operate a COM is subject to the requirements 

in COMAR 26.11.01.10.

.07 Requirements for [Certain] Municipal Waste Combustors 

with a Capacity of 35 tons or greater per day and less than 

or equal to 250 Tons Per Day. 

(text unchanged) 

.08 Requirements for an Existing Large MWC with a Capacity 

Greater Than 250 Tons Per Day. 

A. Emission Standards and General Requirements. 

(1) (text unchanged) 
PROPOSED ACTION ON REGULATIONS 

1468 

MARYLAND REGISTER, VOLUME 42, ISSUE 23, FRIDAY, NOVEMBER 13, 2015 

(2) Emission Standards and General Requirements. 

Pollutant or 

Parameter

Emission

Standards for a

Large MWC

Performance and 

Compliance

Test Requirements

Carbon Monoxide* (text unchanged) (text unchanged)

Dioxin/Furans* (text unchanged) (text unchanged)

Particulate Matter* (text unchanged) (text unchanged)

Opacity 10 percent 

opacity with 

[CEMS] COMs.

Averaging time is 

6 minutes.

EPA Reference Method 

9 and [CEMS] COMS.

Applicable test 

procedures and methods 

as specified in 40 CFR 

§60.58b(c). Quality 

assurance and quality 

control requirements are 

as in [Technical 

Memorandum 90-01]

COMAR 26.11.31. [In 

case of inconsistencies 

in data or conflicting 

data Method 9 results 

will determine 

compliance.]

Notwithstanding the 

requirements in 

COMAR 

26.11.01.10B(6)(a)-(c), 

the Department may 

determine compliance 

and non-compliance 

with the visible emission 

limitations by 

performing EPA 

reference Method 9 

observations based on a 

6 minute block average.

Cd (Cadmium)*—Fugitive Ash Emissions (text unchanged)

* Corrected to 7 percent oxygen on dry basis. If a CO2 monitor is 

selected as the dilutent monitor it must meet the requirements of 

40CFR §60.58b(b)(6) 

(3) (text unchanged) 

B. Monitoring Requirements. 

(1) A person who owns or operates an existing MWC subject to 

this regulation shall: 

(a) Install, calibrate, operate, and maintain continuous 

[emission] monitors for carbon monoxide, oxygen, opacity, oxides of 

nitrogen, and sulfur dioxide; 

(b)—(d) (text unchanged) 

(2) (text unchanged) 

(3) The monitors required by §B(1)(a) and (b) of this regulation 

shall meet the installation, certification, reporting, record-keeping, 

and other requirements of COMAR 26.11.01.10, and 26.11.01.11,

performance specifications in 40 CFR Part 60, Appendix B, the 

quality assurance procedures in 40 CFR Part 60, Appendix F, all 

requirements in 40 CFR §60.58b, COMAR 26.11.31 [, and the 

specification in the Department’s Air and Radiation Management 

Administration Technical Memorandum 90-01, “Continuous 

Emission Monitoring (CEM) Policies and Procedures”, which is 

incorporated by reference in COMAR 26.11.01.10E].

(4) (text unchanged) 

C. Reporting and Record-Keeping Requirements. 

(1) (text unchanged) 

(2) Continuous [emissions] monitoring data reduction and data 

availability shall be as prescribed in COMAR 26.11.01.10 and 

26.11.01.11. If there is any inconsistency between COMAR 

26.11.01.10 and 26.11.01.11 and 40 CFR 60, the [requirement]

requirements of 40 CFR 60 govern. 

D. (text unchanged) 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Title 31 

MARYLAND INSURANCE 

ADMINISTRATION 

Subtitle 01 GENERAL PROVISIONS 

31.01.02 Emergency Powers 

Authority: Health-General Article, §19-706; Insurance Article, §2-115; 

Annotated Code of Maryland 

Notice of Proposed Action 

[15-345-P]

The Insurance Commissioner proposes to amend Regulations 

.02—.04 and .07 under COMAR 31.01.02 Emergency Powers.

Statement of Purpose 

The purpose of this action is to better align the elements of the 

Maryland Insurance Administration’s data requests for claims 

information during an emergency with the National Association of 

Insurance Commissioners’ current data collection template.

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

Comments may be sent to Catherine Grason, Director of 

Regulatory Affairs, Maryland Insurance Administration, 200 St. Paul 

Place, Ste. 2700, Baltimore, MD 21202, or call 410-468-2201, or 

email to insuranceregreview.mia@maryland.gov, or fax to 410-468-

2020. Comments will be accepted through November 16, 2015. A 

public hearing has not been scheduled. 

.02 Applicability. 

A. (text unchanged) 

B. This chapter also applies to the Maryland Automobile 

Insurance Fund (MAIF)[,] and the Joint Insurance Association (JIA)[,

the Injured Workers Insurance Fund (IWIF) and the Maryland Health 

Insurance Plan (MHIP)]. 

.03 Definitions. 

A. (text unchanged) 
FINAL ACTION ON REGULATIONS 

273

MARYLAND REGISTER, VOLUME 43, ISSUE 3, FRIDAY, FEBRUARY 5, 2016 

Subtitle 09 MEDICAL CARE 

PROGRAMS 

10.09.34 Therapeutic Behavioral Services 

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, 

Annotated Code of Maryland 

Notice of Final Action

[15-392-F] 

On January 26, 2016, the Secretary of Health and Mental Hygiene 

adopted amendments to Regulations .02 and .06 under COMAR 

10.09.34 Therapeutic Behavioral Services. This action, which was 

proposed for adoption in 42:25 Md. R. 1551—1552 (December 11, 

2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

VAN T. MITCHELL 

Secretary of Health and Mental Hygiene 

Subtitle 09 MEDICAL CARE 

PROGRAMS 

10.09.61 Medical Day Care Services Waiver 

Authority: Health-General Article, §§2-104(b), 15-103, and 15-111, 

Annotated Code of Maryland 

Notice of Final Action 

[15-393-F] 

On January 26, 2016, the Secretary of Health and Mental Hygiene 

adopted amendments to Regulations .01 and .03 under COMAR 

10.09.61 Medical Day Care Services Waiver. This action, which 

was proposed for adoption in 42:25 Md. R. 1552 (December 11, 

2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

VAN T. MITCHELL 

Secretary of Health and Mental Hygiene 

Title 15 

DEPARTMENT OF 

AGRICULTURE 

Subtitle 20 SOIL AND WATER 

CONSERVATION 

15.20.05 Manure Transport Project 

Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland 

Notice of Final Action 

[15-560-F] 

On January 14, 2016, the Secretary of Agriculture adopted 

Regulations .02—.04 and .06, new Regulation .07, and the 

recodification of existing Regulations .07—.09 to be Regulations 

.08—.10 under COMAR 15.20.05 Manure Transport Project. This 

action, which was proposed for adoption in 42:19 Md. R. 1241—

1243 (September 18, 2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

JOSEPH BARTENFELDER 

Secretary of Agriculture 

Title 20 

PUBLIC SERVICE 

COMMISSION 

Subtitle 08 SUPPLIER DIVERSITY 

PROGRAM 

20.08.01 General 

Authority: Public Utilities Article, §§2-113 and 2-121, Annotated Code of 

Maryland 

Notice of Final Action 

[15-133-F] 

On January 13, 2016, the Public Service Commission adopted new 

Regulations .01—.08 under a new chapter, COMAR 20.08.01 

General, under a new subtitle, Subtitle 08 Supplier Diversity 

Program. This action, which was proposed for adoption in 42:11 

Md. R. 733—734 (May 29, 2015) and reproposed in 42:22 Md. R. 

1401 (October 30, 2015), has been adopted as reproposed. 

Effective Date: February 15, 2016. 

DAVID J. COLLINS 

Executive Secretary 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Notice of Final Action 

[15-360-F] 

On January 27, 2016, the Secretary of the Environment adopted 

amendments to: 

(1) Regulations .01 and .10 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulations .01, .04, .07, and .08 under COMAR 26.11.08 

Control of Incinerators. 

This action, which was proposed for adoption in 42:23 Md. R. 

1465—1468 (November 13, 2015), has been adopted with the 

nonsubstantive changes shown below. 

Effective Date: February 15, 2016. 

Attorney General's Certification 

In accordance with State Government Article, §10-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows: 

COMAR 26.11.01.10B(6)(c): The additional text clarifies the 

operating time intended for a COM system to demonstrate 

compliance and is consistent with COMAR 26.11.01.10D(2), as well 

as incinerator compliance demonstration requirements identified in 

COMAR 26.11.08.08A(2) and corresponding federal law (40 CFR 

60.58b(c), 40 CFR 63.1209). This language was within the intent and 

scope of the original proposal and is not a substantive change. 
FINAL ACTION ON REGULATIONS 

274

MARYLAND REGISTER, VOLUME 43, ISSUE 3, FRIDAY, FEBRUARY 5, 2016 

26.11.01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.10 Continuous Opacity Monitoring Requirements. 

A. (proposed text unchanged) 

B. General Requirements for COMs. 

(1) — (5) (proposed text unchanged) 

(6) The owner or operator of a municipal waste combustor that 

is required to install and operate a COM is subject to the following 

requirements: 

(a) — (b) (proposed text unchanged) 

(c) For the owner or operator of a municipal waste 

combustor that is required to install and operate a COM, compliance 

with visible emission standards is achieved if visible emissions do 

not exceed 10 percent opacity for a 6-minute block average during 

the unit's operating time. 

(d) — (e) (proposed text unchanged) 

C. — E. (proposed text unchanged)

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Title 31 

MARYLAND INSURANCE 

ADMINISTRATION 

Subtitle 10 HEALTH INSURANCE —

GENERAL 

31.10.27 Health Insurance—Notice of the 

Maryland Health Insurance Plan 

Authority: Insurance Article, §§2-109, 14-501, and 15-1303(c), Annotated 

Code of Maryland 

Notice of Final Action 

[15-376-F] 

On January 20, 2016, the Insurance Commissioner adopted the 

repeal of Regulations .01—.03 under COMAR 31.10.27 Health 

Insurance—Notice of the Maryland Health Insurance Plan. This 

action, which was proposed for adoption in 42:24 Md. R. 1527 

(November 30, 2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

ALFRED W. REDMER, JR. 

Insurance Commissioner 

Subtitle 16 MISCELLANEOUS 

Notice of Final Action 

[15-379-F] 

On January 22, 2016, the Insurance Commissioner adopted: 

(1) Amendments to the authority line under COMAR 

31.16.01 Disclosure to Policyholders of the Possible Effects of 

Assessable Insurance Policies;

(2) Amendments to the authority line under COMAR 

31.16.04 Provision of Completed Premium Finance Agreement to 

Insured;

(3) The repeal of Regulation .01 under COMAR 31.16.05 

Cancellation of Insurance Contracts by Premium Finance 

Companies;

(4) Amendments to the authority line under COMAR 

31.16.06 Bulk Reinsurance, Stock, and Mutual Insurers; and 

(5) The repeal of Regulations .01—.09 under COMAR 

31.16.07 Holocaust Victims Insurance Claims and Reports.

This action, which was proposed for adoption in 42:24 Md. R. 

1528 (November 30, 2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

ALFRED W. REDMER, JR. 

Insurance Commissioner 

Title 34 

DEPARTMENT OF 

PLANNING 

Subtitle 04 HISTORICAL AND 

CULTURAL PROGRAMS 

34.04.09 Maryland Historical Trust African 

American Heritage Preservation Program 

Authority: State Finance and Procurement Article, §5A-330, Annotated Code 

of Maryland 

Notice of Final Action 

[15-397-F] 

On January 26, 2016, the Maryland Department of Planning 

adopted the repeal of existing Regulations .01—.11 and adopted new 

Regulations .01—.11 under COMAR 34.04.09 Maryland Historical 

Trust African American Heritage Preservation Program. This 

action, which was proposed for adoption in 42:25 Md. R. 1568—

1572 (December 11, 2015), has been adopted as proposed. 

Effective Date: February 15, 2016. 

DAVID R. CRAIG 

Secretary of Planning 
PROPOSED ACTION ON REGULATIONS 

1981 

MARYLAND REGISTER, VOLUME 40, ISSUE 23, FRIDAY, NOVEMBER 15, 2013 

Department and to the taxpayer a full report of its audit procedures, 

tests, matters examined, and findings. 

(11) The Comptroller retains its audit authority under the TaxGeneral Article, Annotated Code of Maryland. 

B. Inquiries; Duty of Business Entities to Respond. 

(1) If the Department becomes aware of facts and 

circumstances that reasonably warrant further inquiry into the 

this chapter, the Department may make written inquiry, including a

request for the production, inspection, or copying of documents 

specified in the inquiry, of any taxpayer or holder of a certificate of 

eligibility for a tax credit under this chapter to obtain information 

bearing on the eligibility of the taxpayer or o

partners, shareholders, members, or beneficiaries for that credit. The 

inquiry may include, but may not be limited to, whether the claimed 

costs were in fact incurred in the State. 

(2) A taxpayer to which a written inquiry from the Department 

is directed under §B(1) of this regulation shall submit a full and 

complete written response, with copies of all requested documents, 

within 45 days of the date of the inquiry. The response shall be 

verified as true and correct by oath or affirmation made under 

penalty of perjury by the individual proprietor or by an individual 

officer, partner, or member of the taxpayer. 

.13 Waiver. 

The Secretary may waive or vary particular provisions of this 

chapter to the extent that the waiver is not inconsistent with TaxGeneral Article, §10-735, Annotated Code of Maryland. 

DOMINICK MURRAY 

Secretary of Business and Economic Development 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Notice of Proposed Action 

[13-372-P]

The Secretary of the Environment proposes to amend: 

(1) Regulation .08 under COMAR 26.11.09 Control of FuelBurning Equipment, Stationary Internal Combustion Engines, 

and Certain Fuel-Burning Installations; and 

(2) Regulations .06 and .07 under COMAR 26.11.14 Control 

of Emissions from Kraft Pulp Mills.

Statement of Purpose 

The purpose of this action is to: 

(1) Accurately describe the Volatile Organic Compound (VOC) 

control system and requirements; 

(2) Incorporate existing NOx RACT requirements into this 

chapter; 

x

(4) Clarify that the monitoring and reporting requirements 

apply to the owner of a boiler and combustion turbine at a Kraft pulp 

mill. 

This action will be submitted to the U.S. Environmental Protection 

Agency (EPA) for approval as part of Maryland's State 

Implementation Plan. 

Background 

NOx Emissions

The NOx emissions discharge through a common stack and are 

currently subject to reasonably available control technology (RACT) 

requirements under COMAR 26.11.09.08 and 26.11.14.07A(2)(b) 

respectively. RACT requires the units to reduce NOx emissions to 

meet an emissions rate of 0.70 pounds per million Btu during the 

period May 1 to September 30 (ozone season) of each year and a rate 

of 0.99 pounds per million Btu for the rest of the year. COMAR 

26.11.14.07 prohibits total NOx ozone season emissions from the 

New Page Kraft pulp mill stack from exceeding 947 tons, unless the 

pulp mill acquires an allowance for each ton of NOx they emit over 

947 tons. The regulation allows the pulp mill to secure up to 95 

allowances for each period in which they exceed the 947 ton 

emission cap. 

VOC Emissions 

In 2001, Regulation .06 (Control of Volatile Organic Compounds) 

was added to COMAR 26.11.14 for the control of VOC emissions 

from several process installations at Kraft pulp mills. The regulation 

established RACT standards to specifically control VOC emissions 

from Kraft pulp mill operations statewide that have actual emissions 

of 20 pounds or more of VOCs per day and the potential to emit total 

plant-wide VOC emissions of 25 tons or more per year. In addition, 

Kraft pulp mills are required to install VOC emission controls to 

meet the requirements of the Paper and Pulp MACT (40 CFR Part 63, 

Subpart S). 

Sources Affected and Location 

This amendment affects two coal fired units and one gas fired unit 

at the Kraft pulp mill located in Luke, Maryland. 

Requirements 

This action does not establish any new standards or requirements 

from fuel burning equipment located at Kraft pulp mills. The action 

primarily clarifies processes and consolidates requirements into a 

unique chapter of COMAR pertaining to Kraft pulp mills. The 

revisions to the regulations: 

n stock washers are to be 

collected and combusted; 

brown stock washers shall be controlled by removing 90 percent or 

more of the condensate VOC loading by demonstrating a VOC 

removal or destruction efficiency of the condensate stream stripper of 

90 percent or greater or a system analysis of these units; 

as part of a SIP revision to demonstrate the collective VOC removal 

efficiency of the condensate steam stripper and other control systems 

as required; 

emission rate of 0.70 pounds of NOx per million Btu in addition to an 

emission limit of 947 tons of NOx during the period May 1 through

September 30 of each year; 

x

x ozone 

quarterly reports to the Department from COMAR 

26.11.01.10G(2)(d) in D(2) of Regulation .07 to COMAR 

26.11.01.11E(2). 

Expected Emissions Reductions. 

There is no emission reduction expected as a result of this action. 
PROPOSED ACTION ON REGULATIONS 

1982 

MARYLAND REGISTER, VOLUME 40, ISSUE 23, FRIDAY, NOVEMBER 15, 2013

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estim ate of Econom ic Im pact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on December 18, 2013 at 10 a.m. at the 

Department of the Environment, 1800 Washington Boulevard, 1st 

Floor Conference Rooms, Baltimore, Maryland 21230-1720. 

Interested persons are invited to attend and express their views. 

Comments may be sent to Deborah Rabin, Regulations Coordinator, 

Air and Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or email to debbie.rabin@maryland.gov. 

Comments must be received not later than December 18, 2013, or be 

submitted at the hearing. For more information, call Deborah Rabin 

at (410) 537-3240. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

http://www.mde.state.md.us/programs/regulations/air/Pages/req

comments.aspx 

Salisbury; 

separate air quality control offices. 

Anyone needing special accommodations at the public hearing 

should contact the Department's Fair Practices Office at (410) 537-

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

26.11.09 Control of Fuel-Burning Equipment, 

Stationary Internal Combustion Engines, and 

Certain Fuel-Burning Installations 

Authority: Environment Article, §§1-101, 1-404, 2-101 2-103, 2-301 2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.08 Control of NOx Emissions for Major Stationary Sources. 

A. B. (text unchanged) 

C. Requirements for Fuel-Burning Equipment with a Rated Heat 

Input Capacity of 250 Million Btu Per Hour or Greater. 

(1) (text unchanged) 

(2) The maximum NOx emissions rates as pounds of NOx per 

Million Btu per hour are: 

(a) (g) (text unchanged) 

[(h) 0.70 for fuel burning equipment stacks at a non-electric 

generating facility during the period May 1 through September 30 of 

each year and 0.99 during the period October 1 through April 30 of 

each year.] 

(3) (text unchanged) 

D. K. (text unchanged) 

26.11.14 Control of Emissions from Kraft Pulp 

Mills 

Authority: Environment Article, §§1-101, 1-404, 2-101 2-103, 2-301 2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.06 Control of Volatile Organic Compounds. 

A. (text unchanged) 

B. Control of VOC Emissions from Specific Installations. 

(1) (text unchanged) 

(2) Digester Blow Tank Systems and Knotters. 

(a) Condensates from digester blow tank systems shall be 

collected and treated in a condensate steam stripper or other control 

system [which has a VOC removal or destruction efficiency of 90 

percent or greater]. 

(b) (text unchanged) 

(3) Evaporators. 

(a) (text unchanged) 

(b) Condensates from the evaporators shall be segregated so 

that the foul condensates are collected and treated in a condensate 

steam stripper or other control system [that has a VOC removal or 

destruction efficiency of 90 percent or greater]. 

(4) Brown Stock Washers. 

(a) Wash water for brown stock washers shall consist of any 

combination of fresh or clean water and clean condensates. 

(b) Air emissions from the brown stock washers shall be 

collected and combusted. 

(5) (6) (text unchanged) 

(7) The evaporators, digester blow tank systems, and brown 

stock washers shall be controlled by removing 90 percent or greater 

of the condensate VOC loading by demonstrating: 

(a) That the VOC removal or destruction efficiencies of the 

condensate stream stripper is 90 percent or greater; or 

(b) Through a system analysis of the condensate stripper, 

evaporators, digester blow system tanks, and brown stock washers 

that VOC removal or destruction efficiency is 90 percent or greater. 

C. (text unchanged) 

D. Testing and Recordkeeping. 

(1) Tests shall be performed annually using EPA Test Method 

25D found in 40 CFR Part 60 or other approved methods by the 

Department as part of a State Implementation Plan (SIP) revision to 

demonstrate the collective VOC removal efficiency of the condensate 

steam stripper and other control systems as required.

(2) (5) (text unchanged) 

.07 Control of NOx Emissions from Fuel Burning Equipment. 

A. Applicability and NOx Emission Standards. 

(1) (text unchanged) 

(2) The total combined NOx emissions of all fuel burning 

equipment at the Luke Kraft pulp mill to which this regulation 

applies may not exceed the following: 

(a) Except as provided in §B(1) of this regulation, an

emission limit of 0.70 pounds of NOx per million Btu and 947 tons of 

NOx during the period May 1 through September 30 of each year; and 

(b) (text unchanged) 

(3) (text unchanged) 

B. Demonstrating Compliance. 

(1) If during the period May 1 through September 30 of any 

year the NOx emission limit in §A(2)(a) of this regulation is 

exceeded, the owner or operator of a Kraft pulp mill shall acquire one 

NOx ozone season allowance (as that term is defined at COMAR 

26.11.01.01B(24-1)) for each ton or partial ton of NOx emissions in 

excess of the limit in §A(2)(a) of this regulation. 

(2) The total number of NOx ozone season allowances acquired 

pursuant to §B(1) of this regulation for any one period may not 
PROPOSED ACTION ON REGULATIONS 

1983 

MARYLAND REGISTER, VOLUME 40, ISSUE 23, FRIDAY, NOVEMBER 15, 2013 

exceed 95 and shall be of the same vintage year in which the 

emission limit is exceeded. 

(3) NOx ozone season [A]allowances acquired pursuant to 

§B(1) of this regulation shall be acquired on or before November 30 

and shall be submitted to the Department for retirement by December 

30 of the year in which the emission limit is exceeded. 

C. Achieving Compliance Through the Use of NOx ozone season

Allowances. The owner or operator of a Kraft pulp mill subject to 

this regulation that achieves compliance through the use of 

allowances pursuant to §B of this regulation shall: 

(1) Acquire the NOx ozone season allowances from a source 

that has been allocated allowances under COMAR 26.11.28, a NOx

ozone season allowance broker or other entity that has NOx ozone 

season allowances and agrees to transfer them; and 

(2) Transfer the NOx ozone season allowances to the 

Department for retirement. 

D. Monitoring and Reporting Requirements. 

(1) [The owner or operator of a] For boilers or combustion 

units at a Kraft pulp mill subject to this regulation, the owner or 

operator of the Kraft pulp mill shall: 

(a) (b) (text unchanged) 

(2) The owner or operator of a Kraft pulp mill subject to this 

regulation shall include emissions data obtained from a CEM 

pursuant to §D(1) of this regulation in the CEM quarterly reports 

submitted to the Department pursuant to [COMAR 

26.11.01.10G(2)(d)] COMAR 26.11.01.11E(2).

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.19 Volatile Organic Compounds from 

Specific Processes 

Authority: Environment Article, §§1-101, 1-404, 2-101 2-103, 2-301 2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Proposed Action 

[13-371-P-I] 

The Secretary of the Environment proposes to amend Regulation 

.08 under COMAR 26.11.19 Volatile Organic Compounds from 

Specific Processes.

Statement of Purpose 

The purpose of this action is to adopt the requirements of the 

ontrol Techniques Guidelines (CTG) for metal parts and 

products. EPA develops CTGs as guidance on control requirements 

for source categories. States can follow the CTGs or adopt more 

restrictive standards. MDE proposes to adopt new standards as 

prescribed by the federal CTG. Application method and work 

practice requirements will also be adopted into the regulation. These 

amendments affect coaters of metal parts and products and metal 

furniture. 

This action will be submitted to the U.S. EPA for approval as a

revision to Maryland's State Implementation Plan. 

Background 

EPA developed the CTG after reviewing the 1978 CTG, the 1988 

NSPS for Surface Coating of Plastic Parts for Business Machines (40 

CFR 60 Subpart TTT), the 1994 ACT for Surface Coating of 

Automotive/Transportation and Business Machine Plastic Parts, 

National Emission Standards for Hazardous Air Pollutants for 

Miscellaneous Metal Parts and Products 40 CFR 63 Subpart 

MMMM, and existing State and local VOC emission reduction 

approaches. The metal parts and products category includes 

fabricated metal products, small and large farm machinery, 

commercial and industrial machinery and equipment, automotive or 

transportation equipment, interior or exterior automotive parts, 

construction equipment, motor vehicle accessories, bicycles and 

sporting goods, toys, recreational vehicles, pleasure craft 

(recreational boats), extruded aluminum structural components, 

railroad cars, heavier vehicles, lawn and garden equipment, business 

machines, laboratory and medical equipment, electronic equipment, 

metal pipes, and other industrial and household products. The metal 

parts and products coating category does not include coatings that are 

a part of other product categories listed under Section 183(e) of the 

Act for which CTGs have been published or included in other CTGs. 

Several different types of application technology are used to apply 

liquid coatings, and the selection of the application technology can 

have a significant effect on the amount of coating used and the 

resulting VOC emissions from the operation. The CTG requires that 

coatings be applied by coating applicators such as: air atomized spray 

coating, electrostatic spray coating, high volume/low pressure 

(HVLP) spray coating, dip coating, flow coating, roll coating, 

electrocoating, and autophoretic coating. Powder coatings can be 

applied through electrostatic spraying or dipping. Application 

methods do not apply for repair coatings, touch-up coatings, coatings 

applied to create a textured finish and the robotic application of 

heavy-duty engines. 

Cleaning activities other than surface preparation also occur at 

miscellaneous metal product surface coating facilities. Additional 

requirements for cleaning materials and activities are covered under 

COMAR 26.11.19.02(I). Cleaning materials are used during these 

activities to remove coating residue or other unwanted materials from 

equipment related to coating operations, as well as the cleaning of 

spray guns, transfer lines (e.g., tubing or piping), tanks, and the 

interior of spray booths. These cleaning materials are typically 

mixtures of VOC containing solvents. 

Affected Sources and Location 

These proposed amendments affect coaters of metal furniture and 

metal parts and products used in farm machinery, industrial 

machinery, automotive or transportation equipment, structural 

components, laboratory, medical and electronic equipment, motor 

vehicle accessories, bicycles and sporting goods, toys, recreational 

vehicles, pleasure craft (recreational boats), railroad cars, heavier 

vehicles, lawn and garden equipment and business machines. 

Regulation Amendment 

COMAR 26.11.19.08 is amended to set VOC coating standards 

for baked and air drying methods for several coating categories. 

Application methods for coatings are limited to: Electrostatic 

application; HVLP spray; Flow coat; Roller coat; Dip coat including 

electrodeposition; Brush coat; or Other coating application method 

capable of achieving a transfer efficiency equivalent or better than 

that achieved by HVLP spraying. The application methods do not 

apply for several coating operations as specified in the regulation. 

Expected Emissions Reduction 

The proposed amendments set standards for coatings, application 

methods and work practices. Emissions of VOCs from metal parts 

and products are expected to be reduced by 35 percent nationally. 

The maximum benefit will be provided during the ozone season when 

VOCs readily combine with NOx to form the pollutant ground level 

ozone. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 
FINAL ACTION ON REGULATIONS 

306

MARYLAND REGISTER, VOLUME 41, ISSUE 4, FRIDAY, FEBRUARY 21, 2014

Title 24 

DEPARTMENT OF BUSINESS 

AND ECONOMIC 

DEVELOPMENT 

Subtitle 05 ECONOMIC 

DEVELOPMENT 

24.05.13 Maryland Public Art Initiative Program 

Authority: Economic Development Article, §§4-601—4-608, Annotated Code 

of Maryland 

Notice of Final Action 

[13-434-F] 

On February 11, 2014, the Secretary of Business and Economic 

Development adopted amendments to Regulation .10 under COMAR 

24.05.13 Maryland Public Art Initiative Program. This action, 

which was proposed for adoption in 40:26 Md. R. 2202 (December 

27, 2013), has been adopted as proposed. 

Effective Date: March 3, 2014. 

DOMINICK E. MURRAY 

Secretary of Business and Economic Development 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Notice of Final Action 

[13-372-F] 

On January 28, 2014, the Secretary of the Environment adopted 

amendments to: 

(1) Regulation .08 under COMAR 26.11.09 Control of FuelBurning Equipment, Stationary Internal Combustion Engines, 

and Certain Fuel-Burning Installations; and 

(2) Regulations .06 and .07 under COMAR 26.11.14 Control 

of Emissions from Kraft Pulp Mills.

This action, which was proposed for adoption in 40:28 Md. R. 

1981 — 1983 (November 15, 2013), has been adopted as proposed. 

Effective Date: March 3, 2014. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.34 Low Emissions Vehicle Program 

Authority: Environment Article, §§1-404, 2-102, 2-103, 2-301, 2-1102, and 2-

1103, Annotated Code of Maryland 

Notice of Final Action 

[13-347-F-I] 

On January 28, 2014, the Secretary of the Environment adopted 

amendments to Regulation .02 under COMAR 26.11.34 Low 

Emissions Vehicle Program. This action, which was proposed for 

adoption in 40:23 Md. R. 1986-1988 (November 15, 2013), has been 

adopted as proposed. 

Effective Date: March 3, 2014. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Title 29 

DEPARTMENT OF STATE 

POLICE 

Subtitle 01 OFFICE OF THE 

SECRETARY 

29.01.04 Hazardous Material Security 

Authority: Environmental Article, §§7-701 — 7-709, Annotated Code of 

Maryland 

Notice of Final Action 

[13-401-F] 

On February 4, 2014, the Secretary of State Police adopted new 

Regulations .01 — .06 under a new chapter, COMAR 29.01.04 

Hazardous Material Security. This action, which was proposed for 

adoption in 40:25 Md. R. 2137—2138 (December 13, 2013), has 

been adopted as proposed. 

Effective Date: March 3, 2014. 

MARCUS L. BROWN 

Secretary of State Police 
PROPOSED ACTION ON REGULATIONS 

163

MARYLAND REGISTER, VOLUME 41, ISSUE 2, FRIDAY, JANUARY 24, 2014 

Tables 3 — 4 and 6 (text unchanged) 

Note: Tables 5, 7, and 8 have been amended and appear as 

Insert A at the end of the Proposed Action on Regulations section 

of this issue of the Maryland Register. 

ROBERT M. SUMMERS 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.09 Control of Fuel-Burning Equipment, 

Stationary Internal Combustion Engines, and 

Certain Fuel-Burning Installations 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Proposed Action 

[14-034-P]

 The Secretary of the Environment proposes to amend Regulations 

.01, .04, .06, .07, .09, and .10 and adopt new Regulation .12 under 

COMAR 26.11.09 Control of Fuel-Burning Equipment, 

Stationary Internal Combustion Engines, and Certain FuelBurning Installations. 

Statement of Purpose 

The purpose of this action is to: 

1. Incorporate the definition of biomass into Regulation .01; 

2. Establish that the provisions from regulations .04 

Prohibitions of Certain New Fuel-Burning Equipment, .06 Control of 

Particulate Matter, and .07 Control of Sulfur Oxides from FuelBurning Equipment do not apply to fuel-burning equipment installed 

after May 1, 2014 that burns only biomass fuels; 

3. Establish new regulation .12 Standards for Biomass FuelBurning Equipment Equal to or Greater Than 350,000 Btu/hr which 

sets NOx and PM standards and requirements for biomass equipment 

where federal standards are not established; and 

4. Amend incorrect references from regulations .09 and .10. 

This action will be submitted to the U.S. Environmental 

Protection Agency (EPA) for approval as part of Maryland's State 

Implementation Plan. 

Background 

There is significant potential for and interest in biomass for energy 

recovery and the Department is taking action to enhance and facilitate 

the application of renewable and energy efficient technologies and 

practices by establishing standards and procedures. There are existing 

federal regulations that apply to some of the same fuel-burning 

categories that Maryland’s proposed regulation will cover. Where 

Federal regulations are more stringent than the Maryland regulations, 

the federal standards apply. 

New technologies and environmental initiatives have recently 

increased the use of wood and farming by-products as a fuel to be 

burned to provide heat and power. To incorporate this new fuel 

category of biomass, the Department has proposed a new regulation 

COMAR 26.11.09.12 and related amendments to other pertinent 

sections of COMAR 26.11.09 regulations. 

Biomass materials include wood residue and wood products; 

animal manure, including litter and other bedding materials; and 

vegetative agricultural and silvicultural materials. Because certain 

components of biomass based fuel could be considered waste, EPA 

has spent extensive efforts to define the application of biomass any 

other 'non-traditional fuels'. The proposed Maryland definition of 

biomass includes the application of the federal legitimacy criteria 

procedures when required for determining if a material is classified as 

a solid waste or not. Non-hazardous secondary materials that have 

been determined not to be solid waste pursuant to 40 CFR 

241.3(b)(1), and based on the legitimacy criteria under 40 CFR 

241.3(d)(1) can be used in fuel-burning equipment. This 

determination has no impact/effect on whether the material will be 

considered a state solid waste. 

Biomass fuel, where readily and cost effectively available as a 

result of energy crop harvesting, sustainable forestry and poultry litter 

management practices can be used in fuel-burning equipment for 

energy recovery while meeting applicable standards and also 

reducing the amount of phosphorous and nitrogen entering the 

Chesapeake Bay and its tributaries. 

Maryland produces approximately 500-600 million chickens a 

year, as a result, it is projected that close to 600-700 million pounds 

of poultry litter is produced. The industry is one of the state’s most 

productive forms of agriculture, one of its largest employers, and has 

seen steady growth with increasing demand for low cost chicken and 

contributes close to $700 million to the Maryland economy. The 

application of technology that meets Maximum Achievable Control 

Technology (MACT)/Generally Available Control Technology 

(GACT)/Best Available Control Technology (BACT) standards to 

recover energy from poultry litter and other biomass materials would 

be useful to utilize renewable fuels and provide broad benefits to the 

environment. 

Federal Maximum Achievable Control Technology (MACT) 

standards for major sources were finalized on January 31, 2013 under 

40 CFR 63 Subpart DDDDD National Emission Standards for 

Hazardous Air Pollutants for Major Sources: Industrial, Commercial, 

and Institutional Boilers and Process Heaters. The amendments to 

COMAR 26.11.09 and standards for biomass fuel-burning equipment 

will reduce the permit review and approval process by approximately 

60 days and at the same time apply standards to size categories of 

fuel-burning equipment that do not have emission standards under 

MACT and GACT standards. 

MACT standards for industrial, commercial and institutional 

boilers apply to complex, non-homogeneous biomass fuels and 

equipment differentiated by design and heat input capacity. The 

MACT standards are for hazardous air pollutants (HAPs). EPA 

finalized 40 CFR Part 63 Subpart JJJJJJ, National Emission 

Standards for Hazardous Air Pollutants for Area Sources: Industrial, 

Commercial, and Institutional Boilers on February 1, 2013. GACT 

standards are applicable to boilers less than 10 MMBtu/hr heat input. 

Under GACT, optimization and best operating practices are required. 

The technology developments for different types of boilers and 

performance results reflected in the MACT standards have a 

significant impact on the development of NOx standards for different 

size boilers and on PM standards for small size boilers. 

MDE is proposing to amend the existing regulations in COMAR 

26.11.09 that would be applicable to biomass fuel-burning 

equipment. New biomass fuel-burning equipment would be subject to 

standards based on MACT/GACT /BACT analysis. The amendments 

and new regulation have been developed to facilitate the permitting 

and compliance process and also apply standards to size category 

fuel-burning equipment in the absence of emission standards under 

MACT/GACT. 

Sources Affected and Location 

These amendments and new regulation affect new biomass fuelburning equipment in Maryland. 

Requirements 

Summary of Federal MACT/GACT Standards, Amendments and 

Related Federal MACT –Applicability, Standards and Monitoring 

Requirements 
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MARYLAND REGISTER, VOLUME 41, ISSUE 2, FRIDAY, JANUARY 24, 2014

40 CFR 63 Subpart DDDDD (5D) –Maximum Achievable Control 

Technology Standards (MACT) for Boilers and Process Heaters –

standards for Major Sources 

1. HAPS regulated: a) Fuel based emission standards PM and 

HG; b) Combustion based emissions of CO. 

2. Compliance schedule for source categories: January 31, 2016 

for existing sources; and January 31, 2013 or upon startup for new 

sources. 

3. New/existing sources with less than 10 MMBtu/hr category 

boilers are subject to biennial tune – up requirement. 

4. For greater than 10 MMBtu/hr new and existing – emission 

standards for CO, PM and Hg are applicable. 

5. Existing boilers or heaters are subject to work practice 

standards and energy assessment requirement. 

6. Operating and monitoring parameters are based on 

performance tests and include operating parameters for CO and 

control devices such as wet scrubber, ESP and bag house with leak 

detection system. 

Federal GACT - 40 CFR Part 63 Subpart JJJJJJ, National 

Emission Standards for Hazardous Air Pollutants for Area Sources: 

Industrial, Commercial, and Institutional Boilers 

1. New biomass boilers greater than 10MMBtu/hr have to meet 

PM standards and implement a biennial tune-up program. 

2. New biomass boilers less than 10 MMBtu/hr are required to 

implement a biennial tune-up program. 

3. Existing biomass boilers are required to implement a 

biennial tune-up program. 

4. Existing biomass boilers greater than 10 MMBtu/hr heat 

input are required to conduct energy assessment. 

Tune-Up Procedures 

1. Inspect the flame pattern and burner. Adjust, test, clean, 

modify and replace as necessary under manufacturer’s specifications.

2. Inspect the system controlling the air-to-fuel ratio, calibrate 

and assure proper operation. 

3. Optimize total CO emissions consistent with manufacturer’s 

specification. 

4. Measure CO concentrations in the flue gas stream, both 

before and after the adjustments are made. A portable analyzer may 

be used. 

Energy Assessment 

1. Inspection and inventory of energy consuming systems. 

2. Analysis of engineering and architectural plans. 

3. A list of energy management and conservation measures. 

4. Report with recommendations for energy efficiency. 

5. List of energy savings. 

Startup, Shutdown and Malfunction Requirements 

1. Meet work practice standard by following manufacturer 

recommended procedures to minimize startup and shutdown 

procedures. 

2. For exceedance of standard due to malfunction, records must 

be kept of malfunction and corrective actions. 

Record Keeping and Reporting 

1. Monitor and record hours of operation for major sources. 

2. For tune-ups, information on dates, results, procedures and 

manufacturer’s specification.

3. The type and amount of fuel used over the 12 months prior 

to the biennial tune-up of the boiler. 

4. For each boiler subject to an emission limit records of 

monthly fuel use by each boiler, including the type(s) of fuel and 

amount(s) used must be kept. 

5. Electronic copy of reports of required performance tests 

using the Electronic Reporting Tool via EPA’s Central Data 

Exchange. 

6. For area and major sources notification of compliance status, 

submit statement of completed energy assessment. 

7. For operating units that combust non-hazardous secondary 

materials that have been determined not to be solid waste pursuant to 

§ 241.3(b)(1) a record which documents how the secondary material 

meets each of the legitimacy criteria under § 241.3(d)(1) must be 

kept. 

Summary of Proposed Maryland Standards — COMAR 26.11.09 

Amendments 

COMAR 26.11.09.04 prohibitions will not apply to fuel-burning 

equipment installed after May 1, 2014 that burns only biomass fuels. 

COMAR 26.11.09.06 shall not apply to fuel-burning equipment 

installed after May 1, 2014 that burns only biomass fuels; however, 

the particulate matter requirements of Regulation .12 of this Chapter 

will apply to new biomass units. 

COMAR 26.11.09.07 shall not apply to fuel-burning equipment 

installed after May 1, 2014 that burns only biomass fuels 

COMAR 26.11.09.12 Standards for Biomass Fuel-Burning 

Equipment Equal to or Greater Than 350,000 Btu/hr. 

1. Standards and requirements are applicable to owners and 

operators of biomass fuel-burning equipment equal to or greater than 

350,000 Btu/hr heat input capacity. 

2. Federal requirements under 40 CFR 63 Subparts DDDDD 

and JJJJJJ, as amended, are applicable. 

3. Emission Standards for Biomass Fuel-Burning Equipment 

Greater Than or Equal to 10 MMBtu/hr Heat Input Capacity. 

Applicable standards 

 a. A particulate matter emission standard of 0.07 lb/MMBtu 

heat input if the total heat input capacity is less than 30 MMBtu/hr; 

 b. A particulate matter emission standard of 0.03 lb/MMBtu 

heat input if the total heat input capacity is equal to or greater than 30 

MMBtu/hr; 

 c. A NOx emission standard of 0.30 lb/MMBtu heat input, if 

the heat input capacity is less than or equal to 250 MMBtu/hr; 

 d. A NOx emission standard of 0.25 lb/MMBtu heat input, if 

the heat input capacity is greater than 250 MMBtu/hr; and 

 e. An initial and biennial tune-ups are conducted. 

4. Requirements for Biomass Fuel-Burning Equipment Greater 

Than 1.5 MMBtu/hr and Less Than 10 MMBtu/hr Heat Input 

Capacity. Applicable standards: 

 a. A particulate matter emission standard of 0.23 lb/MMBtu 

heat input in Areas I, II, V and VI; 

 b. A particulate matter emission standard of 0.1 lb/MMBtu 

heat input in Areas III and IV; 

 c. A NOx emission standard of 0.30 lb/MMBtu heat input; 

and 

 d. An initial and biennial tune-ups are conducted. 

5. Requirements for Biomass Fuel-Burning Equipment Less 

Than or Equal to 1.5 MMBtu/hr and Greater than 350,000Btu/hr Heat 

Input Capacity. Applicable standards: 

 a. A particulate matter emission standard of 0.35 lb/MMBtu 

heat input in Areas I, II, V and VI; 

 b. A particulate matter emission standard of 0.1 lb/MMBtu 

heat input in Areas III and IV; 

 c. A NOx emission standard of 0.30 lb/MMBtu heat input; 

and 

 d. An initial and biennial tune-ups are conducted. 

6. Existing biomass fuel-burning equipment:

 a. An initial and biennial tune-ups are required to be 

conducted; and 
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MARYLAND REGISTER, VOLUME 41, ISSUE 2, FRIDAY, JANUARY 24, 2014 

 b. All the standards and requirements of must be complied 

with. 

7. Fuel-burning equipment operation in accordance with the 

design and maintenance specifications of the manufacturer in order to 

meet and maintain compliance with the applicable emission standards 

and performance requirements. 

8. Startup and Shutdown Requirements. The boiler's startup and 

shutdown periods are required to be minimized following the: 

 a. Manufacturer's recommended procedures, if available; or 

 b. Recommended procedures for a unit of similar design for 

which manufacturer's recommended procedures are available if 

manufacturer's recommended procedures for the actual unit are not 

available. 

9. Compliance. 

 a. Testing following 40 CFR Part 60, Appendix A, as 

amended. 

 b. Sources subject to §§D and E demonstrate compliance by 

providing certification, on a form provided by the Department, from 

the manufacturer that the fuel-burning equipment is designed and 

tested to meet the applicable particulate matter and NOx standards 

including a copy of test results with EPA approved test methods on 

fuel-burning equipment in the same model line as the new fuelburning equipment. 

 c. The particulate matter emission standards of §§C, D or E 

of this regulation and the requirements of 40 CFR 63 Subparts 

DDDDD and JJJJJJ, as amended, are required to be complied with 

by: 

 (a) Demonstrating continuous compliance with the work 

practice and management practice standards as specified in 40 CFR 

63; and 

 (b) Complying with the monitoring, installation, 

operation, and maintenance requirements as specified in 40 CFR 63. 

 d. Fuel-burning equipment with a heat-input capacity greater 

than or equal to 100 MMBtu/hr and less than 250 MMBtu/hr 

demonstrate compliance with the §B(2) of Regulation .08. 

 e. Fuel-burning equipment with a heat-input capacity greater 

than or equal to 250 MMBtu/hr demonstrate compliance by 

installing, operating, calibrating, and maintaining a certified NOx

CEM in accordance with §C(3) of Regulation .08. 

10 Record Keeping and Reporting. The following requirements 

are applicable: 

 a. The record-keeping and reporting requirements of 40 CFR 

63 Subparts DDDDD and JJJJJJ, as amended. 

 b. For the particulate matter emission standards of §§C, D or 

E of this regulation and for biomass fuel-burning equipment subject 

to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as 

amended, the notification, reporting, and record-keeping 

requirements of 40 CFR 63. 

 c. For the NOx emission standards of §C of this regulation 

and biomass fuel-burning equipment subject to the requirements of 

40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, the reporting 

requirements of §K of Regulation .08 of this chapter. 

 d. For the emission standards of §§C, D or E of this 

regulation and biomass fuel-burning equipment not subject to the 

requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ keep 

records for each boiler that identify: 

 (i) The date of tune-up operations; 

 (ii) The procedures followed for tune-up; 

 (iii) The manufacturer's specifications to which the boiler 

was tuned; 

 (iv) The occurrence and duration of each malfunction of 

the boiler, or of the associated air pollution control, or monitoring 

equipment; 

 (v) Actions taken during periods of malfunction to 

minimize emissions including corrective actions to restore the 

malfunctioning boiler, air pollution control, or monitoring equipment 

to its normal or usual manner of operation; 

 e. Maintain records on site for not less than 3 years, and 

make these records available to the Department upon request. 

Expected Emissions Reductions

There are no emission reductions as a result of this action. New 

Regulation .12 will require MACT/GACT/BACT standards to be 

established for biomass fuel-burning equipment. This action, 

however, will have broad environmental benefits and reduce the 

amount of phosphorous and nitrogen entering the Chesapeake Bay 

and its tributaries. 

Comparison to Federal Standards 

In compliance with Executive Order 01.01.1996.03, this proposed 

regulation is more restrictive or stringent than corresponding federal 

standards as follows: 

(1) Regulation citation and manner in which it is more 

restrictive than the applicable federal standard: 

 New COMAR 26.11.09.12 

 Equivalent to the federal NSPS 40 CFR 60 Subpart D, Db, 

Dc and 

 NESHAP 40 CFR 63 Subpart DDDDD and JJJJJJ. 

This regulation goes further than these particular federal 

requirements in that it: 

 -- establishes NOx standards for all size categories of 

biomass boilers; and 

 -- establishes PM standards for biomass boilers less than 

10MMBtu/hr whereas federal requirements for smaller boilers are 

limited to optimization practices. 

For boilers less than 10MMBtu/hr using biomass as fuel, it is 

important to note that under existing regulations such boilers are 

prohibited unless an exception is approved under COMAR 

26.11.09.04. These existing regulations are part of Maryland’s clean 

air plan (Clean Air Act State Implementation Plan, or SIP) and, as 

such, are federally enforceable requirements. One element of the 

exception approval is that there will be no violation of applicable 

emission standards. The applicable emission standard for particulate 

matter under the existing regulations cannot be met unless pollution 

controls are installed. The new regulations remove the prohibition 

process for biomass fuel. The new regulations, when promulgated, 

also lead to pollution controls needing to be installed for particulate 

matter. Although the new particulate matter requirements are more 

restrictive than those contained in the overall federal rule, they are 

not more restrictive than the existing, federally enforceable 

requirements as part of the SIP. As such, for a facility to meet the 

new requirements for particulate matter it will be no more expensive 

than it would have been had the facility installed a boiler under the 

existing regulatory scheme. This is because under the existing 

regulatory scheme similar controls must be installed on a boiler as the 

exception analysis would require it. 

(2) Benefit to the public health, safety or welfare, or the 

environment: 

The new standards for biomass fuel-burning equipment are 

under proposed COMAR 26.11.09.12 Standards for Biomass Fuelburning Equipment greater than or Equal to 350,000 Btu. New 

biomass fuel-burning equipment under 10 MMBtu/hr will be required 

to meet emission standards which will necessitate control technology, 

whereas federal requirements did not establish standards for biomass 

fuel-burning equipment under 10 MMBtu/hr. 

Installing biomass fuel-burning equipment is a choice over 

conventional fuels, such as fuel oil. Exact quantification of air quality 

benefits depends on the type and number of units installed and cannot 

be quantified at this time. A farm or a school may choose a small 

biomass boiler for heating needs. The additional NOx and PM 
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MARYLAND REGISTER, VOLUME 41, ISSUE 2, FRIDAY, JANUARY 24, 2014

standards established by the regulation will help to ensure that new 

biomass boilers installed in the state will have less emissions of 

pollutants than under the federal program, which will help reduce the 

state's burden in meeting federal ozone and fine particle standards. 

Utilizing poultry litter as fuel can possibly remove ammonia 

emissions that contribute to fine particulate matter formation. 

Selection of a biomass boiler contributes to Maryland’s goals of 

reducing greenhouse gas emissions. In addition, utilizing poultry 

biomass fuel-burning equipment may benefit water quality through 

better management of excess nutrients resulting in a reduction in the 

amount of phosphorus and nitrogen entering the Chesapeake Bay and 

its tributaries. 

(3) Analysis of additional burden or cost on the regulated 

person: 

This regulation sets standards for new biomass fuel-burning 

equipment that an owner of a facility may choose to install in lieu of 

equipment that burns a more conventional fuel, such as oil. The new 

state standards would require control technology to be integrated into 

new biomass fuel-burning equipment. In consultation with applicable 

boiler manufacturers, the overall cost of a 10 MMBtu/hr or less 

biomass fuel-burning unit can range from $175,000 to $725,000, 

depending on the size of a given unit, with the pollution control 

portion of these costs ranging between $10,000 to $25,000. These 

pollution control costs reflect equipment added on to the boiler to 

meet Maryland’s more stringent particulate matter standard. To meet 

the more stringent NOx emission standard imposed under this 

regulation for both small and large boilers, no add-on pollution 

controls are needed, as NOx emissions can be achieved through boiler 

design (primarily by incorporating staged combustion chambers and 

fluidized bed reactor/feed systems into the design). Large boilers will 

also need to add pollution controls to meet State particulate matter 

standards imposed under this regulation, which are equivalent to 

federal standards. Costs associated with installing particulate controls 

to meet the state and federal standards are discussed in the Estimate 

of Economic Impact section of the proposed regulatory action. 

Also, by using biomass as a fuel source, owners of biomass 

equipment anticipate an overall economic benefit over the life of the 

unit due to reduced fuel costs. Potential fuel savings on an annual 

basis range from $5,000 — $15,000 for the equipment size range of 

10 — 30 MMBtu/hr heat input as compared to conventional fuels. 

Savings are higher if the biomass is generated on site or in close 

proximity and minimal costs are associated with handling and 

storage. 

(4) Justification for the need for more restrictive standards: 

 (a) The benefit from the more restrictive standard exceeds 

the burden or cost of the more restrictive standard on the regulated 

person or business: 

 An owner of an existing or new facility may choose to 

install a new biomass boiler which may allow the owner to take 

advantage of grant or incentive opportunities. It may also provide 

reduced fuel costs in the long term by utilizing the owner’s waste 

products as fuel. These new technologies may divert animal waste 

products into use as a fuel. State legislation was enacted this year 

(2013 SB797, Chapter 322) mandating that the Department revise the 

existing regulatory exception process for solid fuel-burning 

equipment and make it easier to take advantage of these new 

technologies. This legislation prompted the Department to review and 

propose revised environmental emission standards for solid fuelburning equipment such as boilers and include biomass as a solid 

fuel. 

 (b) Conditions or circumstances specific or special to 

Maryland require that Maryland enact a more restrictive standard: 

Maryland is actively seeking as many NOx reductions as 

possible to enable Maryland to achieve compliance with the 75 ppb 

health based ozone standard. Maryland is the only moderate 

nonattainment area for ozone on the east coast. Additionally, 

Maryland has recently complied with the current and future fine PM 

health based standard but felt that restrictive standards for equipment 

that emits PM pollution were necessary to maintain compliance with 

the standard. 

 (c) The applicable federal standard is not sufficient to 

protect the public health, safety, or welfare of Maryland citizens; or 

For purposes of complying with the ozone standard the 

applicable federal standard is not sufficient to protect public health. 

The federal standards are performance based standards and not health 

based standards. 

 (d) State law requires the adoption of a more restrictive 

standard. 

Not applicable 

Estimate of Economic Impact 

I. Summary of Economic Impact. There is no mandatory 

economic impact upon affected sources of this regulation. This 

regulation sets standards for new biomass boiler equipment. An 

owner of a facility may choose to upgrade existing equipment or 

purchase new biomass boilers on a voluntary basis. The federal and 

State standards would require control technology to be integrated into 

new biomass fuel burning equipment. By using biomass as a fuel 

source, owners of biomass equipment anticipate an overall economic 

benefit over the life of the unit due to reduced fuel costs. Potential 

savings range from $5,000 — $15,000 in the equipment size range of 

10 — 30 MMBtu/hr heat input compared to conventional fuels. 

Savings are higher if the biomass is generated on site or in close 

proximity and minimal costs are associated with handling and 

storage. 

Different options exist for boiler designers and manufacturers, 

including the application of low cost advanced optimization 

technologies to reduce emissions and meet the standards. Depending 

on the specific type of biomass fuel, boiler design and size, the 

following control technologies and costs have to be considered. 

1. Cyclone $10,000 

2. Multi-Cyclone $15-25,000 

3. Reeltration System $65-97,000 

4. ESP 

 a. 10 MMBtu approx 3500 acfm ----$97,000.00 

 b. 15 MMBtu approx 7000 acfm ----$160,000.00 

 c. 20 MMBtu approx 11000 acfm ---$220,000.00 

 d. 25 MMBtu approx 14500 acfm ---$290,000.00 

 e. 30 MMBtu approx 22500 acfm ---$340,000.00 

Capital costs with corresponding control costs for biomass fuelburning equipment in the size range 1-100 MMBtu/hr heat input that 

can meet the standards of the regulation are provided below: 

1) 1 MMBtu/hr Capital Cost (Cap.C) $175,000 Control Cost 

(Con.C)$10,000 

2) 2 MMBtu/hr Cap.C $350,000-$410,000 Con.C $10,000-

$15,000 

3) 10 MMBtu/hr Cap.C $650,000-$725,000 Con.C $15,000-

$25,000 

4) 20 MMBtu/hr Cap.C $1-1.25 Million Con.C ESP $220,000-

$300,000 

5) 30 MMBtu/hr. Cap.C $4-6 Million Con..C ESP $340,000-

$550,000 

6) 100 MMBtu/hr Cap.C $12-20 Million Con.C ESP $1.5-2.0 

Million 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 
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MARYLAND REGISTER, VOLUME 41, ISSUE 2, FRIDAY, JANUARY 24, 2014 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on February 26, 2014 at 10 a.m. at the 

Department of the Environment, 1800 Washington Boulevard, 1st 

Floor Conference Rooms, Baltimore, Maryland 21230-1720. 

Interested persons are invited to attend and express their views. 

Comments may be sent to Randy Mosier, Division Chief, Air and 

Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or emailed to randy.mosier@maryland.gov. 

Comments must be received not later than February 26, 2014, or be 

submitted at the hearing. For more information, call Randy Mosier at 

(410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

• The Department of the Environment's website at:

http://www.mde.state.md.us/programs/regulations/air/Pages/req

comments.aspx 

• The Air and Radiation Management Administration; 

• Regional offices of the Department in Cumberland and 

Salisbury; 

• All local air quality control offices; and

• Local health departments in those counties not having

separate air quality control offices. 

Anyone needing special accommodations at the public hearing 

should contact the Department's Fair Practices Office at (410) 537-

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

.01 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(1) (text unchanged) 

(1-1) Biomass. 

(a) “Biomass” means solid organic material that can be 

combusted for use as fuel including the following: 

(i) Wood residue and wood products such as trees, tree 

stumps, tree limbs, bark, lumber, sawdust, sander dust, chips, scraps, 

slabs, millings, and shavings; 

(ii) Animal manure, including litter and other bedding 

materials; 

(iii) Vegetative agricultural and silvicultural materials, 

such as logging residues (slash), nut and grain hulls and chaff (e.g., 

almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, 

corn stalks, coffee bean hulls and ground; and 

(iv) Any solid organic material that has been approved by 

the Department, on a case-by-case basis, utilizing the criteria 

established by EPA and set forth in 40 C.F.R.241.3, as amended. 

(b) This definition of biomass is not intended to suggest that 

these materials are or are not solid waste. 

[(1-1)] (1-2) (text unchanged)

(2)—(3) (text unchanged) 

(4) "Fuel" means: 

(a) Coal or any other fossil fuel [and wood or wood 

products; [and]

(b) Waste combustible fluid or used oil that has been 

approved by the Department to be burned as a fuel in accordance 

with Regulation .10 of this chapter[.]; and 

(c) Biomass as defined in this regulation, or approved by the 

Department. 

(5)—(18) (text unchanged) 

.04 Prohibition of Certain New Fuel-Burning Equipment. 

A.—B. (text unchanged) 

C. Exceptions. 

(1) Fuel-Burning Equipment on Ships and Biomass FuelBurning Equipment. 

(a) [Fuel-Burning Equipment on Ships.] New fuel-burning 

equipment on ships is exempt from §§A(1) and B(1) of this 

regulation. 

(b) The provisions of §§A and B of this regulation do not 

apply to fuel-burning equipment installed after May 1, 2014 that 

burns only biomass fuels. 

(2)—(6) (text unchanged) 

.06 Control of Particulate Matter. 

A.—C. (text unchanged) 

D. Small Wood Boilers and Biomass Fuel-Burning Equipment.

(1) Small wood boilers are subject to particulate matter 

requirements of Regulation .11 of this chapter and exempt from the 

provisions of §§A and B of this regulation. 

(2) The provisions of §§A and B of this regulation shall not 

apply to fuel-burning equipment installed after May 1, 2014 that 

burns only biomass fuels; however, the particulate matter 

requirements of Regulation .12 of this chapter apply. 

.07 Control of Sulfur Oxides From Fuel-Burning Equipment. 

A. (text unchanged) 

B. Exceptions. 

(1)—(4) (text unchanged) 

(5) The provisions of §§A(1)(a) and A(2)(a) of this regulation 

shall not apply to fuel-burning equipment installed after May 1, 2014 

that burns only biomass fuels. 

C. (text unchanged) 

.09 Tables and Diagrams. 

(Table 1 unchanged) 

(a) Construction of residual oil fired units of less than 13 

million Btu (13.7 gigajoules) per hour prohibited (see Regulation 

[.09A(1) and B(1))] .04). 

(b)—(c) (text unchanged) 

See Figures 1 & 2. (Figures unchanged) 

Notes: (Notes unchanged) 

.10 Requirements to Burn Used Oil and Waste Combustible 

Fluid as Fuel. 

A. General Requirements. 

(1)—(2) (text unchanged) 

(3) A person who is burning used oil or WCF under a current 

written approval from the Department may continue to burn the 

approved material if: 

(a) The person demonstrates that any WCF being burned 

satisfies the definition of that term in Regulation .01B[(23)] of this 

chapter; 

(b)—(d) (text unchanged) 

(4)—(7) (text unchanged) 

B.—D. (text unchanged) 

.12 Standards for Biomass Fuel-Burning Equipment Equal to or 

Greater Than 350,000 Btu/hr. 

A. Applicability. The requirements of this regulation apply to a 

person who owns or operates biomass fuel-burning equipment equal 

to or greater than 350,000 Btu/hr heat input capacity. 

B. Federal Requirements. The requirements of 40 CFR 63 

Subparts DDDDD and JJJJJJ, as amended, are applicable. 
PROPOSED ACTION ON REGULATIONS 

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MARYLAND REGISTER, VOLUME 41, ISSUE 2, FRIDAY, JANUARY 24, 2014

C. Requirements for Biomass Fuel-Burning Equipment Greater 

Than or Equal to 10 MMBtu/hr Heat Input Capacity. A person 

subject to the requirements of this regulation may not install or 

operate new biomass fuel-burning equipment, unless the following 

standards and requirements are met: 

(1) A particulate matter emission standard of 0.07 lb/MMBtu 

heat input if the total heat input capacity is less than 30 MMBtu/hr; 

(2) A particulate matter emission standard of 0.03 lb/MMBtu 

heat input if the total heat input capacity is equal to or greater than 

30 MMBtu/hr; 

(3) A NOx emission standard of 0.30 lb/MMBtu heat input, if 

the heat input capacity is less than or equal to 250 MMBtu/hr; 

(4) A NOx emission standard of 0.25 lb/MMBtu heat input, if 

the heat input capacity is greater than 250 MMBtu/hr; and

(5) An initial and biennial tune-ups are conducted.

D. Requirements for Biomass Fuel-Burning Equipment Greater 

Than 1.5 MMBtu/hr and Less Than 10 MMBtu/hr Heat Input 

Capacity. A person subject to the requirements of this regulation may 

not install or operate new biomass fuel-burning equipment unless the 

following standards and requirements are met: 

(1) A particulate matter emission standard of 0.23 lb/MMBtu 

heat input in Areas I, II, V and VI; 

(2) A particulate matter emission standard of 0.1 lb/MMBtu 

heat input in Areas III and IV; 

(3) A NOx emission standard of 0.30 lb/MMBtu heat input; and 

(4) An initial and biennial tune-ups are conducted. 

E. Requirements for Biomass Fuel-Burning Equipment Less Than 

or Equal to 1.5 MMBtu/hr and Greater than 350,000Btu/hr Heat 

Input Capacity. A person subject to the requirements of this 

regulation may not install or operate new biomass fired fuel-burning 

equipment that is less than equal to 1.5 MMBtu/hr heat input and 

greater than 350,000 Btu/hr heat input unless the following standards 

are met: 

(1) A particulate matter emission standard of 0.35 lb/MMBtu 

heat input in Areas I, II, V and VI; 

(2) A particulate matter emission standard of 0.1 lb/MMBtu 

heat input in Areas III and IV; 

(3) A NOx emission standard of 0.30 lb/MMBtu heat input; and 

(4) An initial and biennial tune-ups are conducted. 

F. A person subject to the requirements of this regulation may not 

operate biomass fuel-burning equipment installed prior to March 1, 

2014 unless: 

(1) An initial and biennial tune-ups are conducted; and 

(2) All the standards and requirements of Regulations .03 and 

.05 — .09 of this chapter are met. 

G. A person subject to the requirements of this regulation shall 

operate the fuel-burning equipment in accordance with the design 

and maintenance specifications of the manufacturer in order to meet 

and maintain compliance with the applicable emission standards and 

performance requirements. 

H. Startup and Shutdown Requirements. A person subject to the 

requirements of §§C, D and E of this regulation shall minimize the 

boiler's startup and shutdown periods following the: 

(1) Manufacturer's recommended procedures, if available; or 

(2) Recommended procedures for a unit of similar design for 

which manufacturer's recommended procedures are available if 

manufacturer's recommended procedures for the actual unit are not 

available. 

I. Compliance. A person subject to the requirements of: 

(1) Section C of this regulation shall demonstrate compliance 

with the emissions standards by following 40 CFR Part 60, Appendix 

A, as amended. 

(2) Sections D and E of this regulation shall demonstrate 

compliance by providing certification, on a form provided by the 

Department, from the manufacturer that the fuel-burning equipment 

is designed and tested to meet the applicable particulate matter and 

NOx standards including a copy of test results with EPA approved 

test methods on fuel-burning equipment in the same model line as the 

new fuel-burning equipment. 

(3) The particulate matter emission standards of §§C, D or E of 

this regulation who owns or operates biomass fuel-burning 

equipment subject to the requirements of 40 CFR 63 Subparts 

DDDDD and JJJJJJ, as amended, shall: 

(a) Demonstrate continuous compliance with the work 

practice and management practice standards as specified in 40 CFR 

63; and 

(b) Comply with the monitoring, installation, operation, and 

maintenance requirements as specified in 40 CFR 63. 

(4) The NOx emission standards of §C of this regulation and 

who owns or operates biomass fuel-burning equipment subject to the 

requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as 

amended, shall meet the following requirements: 

(a) For fuel-burning equipment with a heat-input capacity 

greater than or equal to 100 MMBtu/hr and less than 250 MMBtu/hr, 

demonstrate compliance with the NOx emission standards of §C of 

this regulation in accordance with Regulation .08B(2) of this 

chapter; and 

(b) For fuel-burning equipment with a heat-input capacity 

greater than or equal to 250 MMBtu/hr subject to the requirements of 

§C of this regulation shall demonstrate compliance with the NOx

emission standards of Regulation .12C of this chapter in accordance 

with Regulation .08B(2) of this chapter by installing, operating, 

calibrating, and maintaining a certified NOx CEM in accordance 

with Regulation .08C(3) of this chapter. 

J. Reporting and Record-Keeping Requirements. 

(1) A person subject to the particulate matter emission 

standards of §§C, D or E of this regulation who owns or operates 

biomass fuel-burning equipment subject to the requirements of 40 

CFR 63 Subparts DDDDD and JJJJJJ, as amended, shall comply 

with the notification, reporting, and record-keeping requirements of 

40 CFR 63. 

(2) A person subject to the NOx emission standards of §C of 

this regulation and who owns or operates biomass fuel-burning 

equipment subject to the requirements of 40 CFR 63 Subparts 

DDDDD and JJJJJJ, as amended, shall comply with the reporting 

requirements of Regulation .08K of this chapter. 

(3) A person subject to the to the emission standards of §§C, D 

or E of this regulation who owns or operates biomass fuel-burning 

equipment not subject to the requirements of 40 CFR 63 Subparts 

DDDDD and JJJJJJ shall: 

(a) Keep records for each boiler that identify: 

(i) The date of tune-up operations; 

(ii) The procedures followed for tune-up; 

(iii) The manufacturer's specifications to which the boiler 

was tuned; 

(iv) The occurrence and duration of each malfunction of 

the boiler, or of the associated air pollution control, or monitoring 

equipment; and

(v) Actions taken during periods of malfunction to 

minimize emissions including corrective actions to restore the 

malfunctioning boiler, air pollution control, or monitoring equipment 

to its normal or usual manner of operation; and 

(b) Maintain records on site for not less than 3 years, and 

make these records available to the Department upon request. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 
FINAL ACTION ON REGULATIONS 

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MARYLAND REGISTER, VOLUME 41, ISSUE 8, FRIDAY, APRIL 18, 2014

Subtitle 13 PROCUREMENT 

REPORTING REQUIREMENTS 

21.13.01 Reporting Requirements 

Authority: State Finance and Procurement Article, §§12-101, 13-207, 14-208, 

14-305, 14-505, 15-110, 15-111, and 17-104, Annotated Code of Maryland 

.16 Preferred Provider Reports. 

A. (proposed text unchanged)

B. Within 90 days after the end of each fiscal year, a unit or State 

aided or controlled entity shall submit a report to the Department of 

General Services [[a report]] on the contracts awarded and payments 

made to preferred providers. The report format shall be determined 

by the Department of General Services. 

C. (proposed text unchanged) 

SHEILA McDONALD 

Executive Secretary 

Board of Public Works 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 08 WATER POLLUTION 

Notice of Final Action 

[13-405-F] 

On April 2, 2014, the Secretary of the Environment adopted 

amendments to: 

(1) Regulation .01 under COMAR 26.08.01 General; 

(2) Regulations .01, .02, .02-1, .03-2, .03-3, .04, .04-1, .07, .08, 

and .11 under COMAR 26.08.02 Water Quality; and 

(3) Regulations .02-1 and .04 under COMAR 26.08.04 

Permits. 

This action, which was proposed for adoption in 40:25 Md. R. 

2107—2136 (December 13, 2013), has been adopted as proposed. 

Effective Date: April 28, 2014. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.09 Control of Fuel-Burning Equipment, 

Stationary Internal Combustion Engines, and 

Certain Fuel-Burning Installations 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Final Action 

[14-034-F] 

On March 26, 2014, the Secretary of the Environment adopted 

amendments to Regulations .01, .04, .06, .07, .09, and .10 and 

adopted new Regulation .12 under COMAR 26.11.09 Control of 

Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuel-Burning Installations. This action, 

which was proposed for adoption in 41:2 Md. R. 163—168 (January 

24, 2014), has been adopted with the nonsubstantive changes shown 

below. 

Effective Date: April 28, 2014. 

Attorney General’s Certification 

In accordance with State Government Article, §10-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows: 

Regulation .12F requires the replacement of the date March 1, 

2014, with the date May 1, 2014, in the final action. This date 

correction does not change the intent or impact of the regulation. 

.12 Standards for Biomass Fuel-Burning Equipment Equal to or 

Greater Than 350,000 Btu/hr. 

A. — E. (proposed text unchanged) 

F. A person subject to the requirements of this regulation may not 

operate biomass fuel-burning equipment installed prior to [[March 

1]] May 1, 2014 unless: 

(1)—(2) (proposed text unchanged)

G. — J. (proposed text unchanged) 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 
PROPOSED ACTION ON REGULATIONS 

621

MARYLAND REGISTER, VOLUME 42, ISSUE 8, FRIDAY, APRIL 17, 2015 

Title 26

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Notice of Proposed Action 

[15-115-P]

The Secretary of the Environment proposes to: 

(1) Amend Regulation .10 under COMAR 26.11.01 General 

Administrative Provisions;

(2) Amend Regulation .08 under COMAR 26.11.09 Control of 

Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuel-Burning Installations; and 

(3) Adopt new Regulations .01 — .08 under a new chapter, 

COMAR 26.11.30 Control of Portland Cement Manufacturing 

Plants.

Statement of Purpose 

The purpose of this action is to create a separate chapter applicable 

to Portland Cement Manufacturing Plants containing requirements 

unique to them. The new chapter combines existing requirements in 

COMAR 26.11.01, .06, and .29 regarding NOx, SOx, visible 

emissions, and particulate matter that apply to Portland cement 

manufacturing plants into one chapter. 

This action establishes slightly more stringent emission NOx

limitations based upon recommended limits for cement kilns from the 

Ozone Transport Commission (OTC) to satisfy Reasonably Available 

Control Technology (RACT) requirements under the Clean air Act 

for the 2008 8-hour ozone standard. Older, less stringent NOx limits 

in COMAR 26.11.09.08 will be repealed. 

This action also establishes a new method for continuous 

monitoring of particulate matter emissions for both cement kilns and 

clinker coolers required by the 2013 National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for the Portland Cement 

Manufacturing Industry and Standards of Performance for Portland 

Cement Plants effective September 1, 2016. 

The two Portland cement manufacturing plants in Maryland are 

required to operate continuous opacity monitors (COMs). EPA has 

recently added requirements for continuously monitoring particulate 

matter in the 2013 National Emission Standards for Hazardous Air 

Pollutants (NESHAP) for the Portland Cement Manufacturing 

Industry and Standards of Performance for Portland Cement Plants 

which provided an alternative monitoring procedure for visible 

emissions. In this action cement kilns have the option of using 

continuous opacity monitors or the NESHAP alternative methods of 

visible emission monitoring for opacity. Clinker coolers and kilns 

have the option of using continuous opacity monitors or the NESHAP 

alternative methods of visible emission monitoring for opacity after 

September 1, 2016. Under these regulations, operation of a COM 

requires the facility to follow the quality assurance procedures in 

COMAR 26.11.31. 

Background 

In an effort to streamline regulations pertaining to Portland 

Cement Manufacturing Plants, the Maryland Department of the 

Environment (MDE) is compiling the requirements for these facilities 

in a separate chapter. This action separates Portland Cement 

Manufacturing Plants and Natural Gas Compression Stations 

currently together in COMAR 26.11.29 into two separate chapters: 

COMAR 26.11.29 Natural Gas Pipeline Compression Stations and 

COMAR 26.11.30 Control of Portland Cement Manufacturing Plants. 

The existing COMAR 26.11.06.05 Sulfur Compounds from Other 

than Fuel-Burning Equipment establishes a concentration standard 

for SO2 for cement kilns depending on the location of the plant and 

the date the plant was constructed. These requirements for SO2 are 

being moved into COMAR 26.11.30. The NOx emission standards 

and continuous emission monitoring requirements for installations at 

Portland cement plants were specified in COMAR 26.11.29. These 

requirements for NOx are also included in new COMAR 26.11.30 

In 2012, EPA designated areas as attainment and nonattainment 

with respect to the national ambient air quality standard for ozone 

revised in 2008. Under the federal Clean Air Act, 42 U.S.C. §7401 et 

seq., sources in ozone nonattainment areas classified as moderate and 

above are subject to a NOx Reasonably Available Control 

Technology (RACT) requirement. Areas in the Ozone Transport 

Region are also subject to this requirement regardless of designation. 

Section 182 of the Clean Air Act requires the Maryland Department 

of the Environment (MDE) to review and revise NOx RACT 

requirements in the Maryland State Implementation Plan (SIP) as 

necessary in light of the new more stringent ambient air quality 

standards. In reviewing existing NOx RACT requirements for 

adequacy, MDE considers technological advances and the stringency 

of the revised ozone standard. In 2007, the Ozone Transport 

Commission (OTC) compiled a Technical Support Document on 

Identification and Evaluation of Candidate Control Measures which 

included recommendations for NOx emission limitations for cement 

kilns based on the type of kiln. MDE concluded the recommended 

rates represented RACT for cement kilns in Maryland and these rates 

will become effective April 1, 2017. 

New particulate matter (PM) continuous emission monitoring 

procedures are specified in EPA’s 2013 National Emission Standards 

for Hazardous Air Pollutants (NESHAP) for the Portland Cement 

Manufacturing Industry and Standards of Performance for Portland 

Cement Plants. After September 1, 2016, these facilities will be 

required to use these procedures to determine compliance with 

particulate matter standards. The NESHAP procedure uses stack test 

data to calibrate a PM continuous emission monitor (CEM) and then 

uses the PM CEM as a Continuous Parametric Monitoring System 

(CPMS). 

The PM CPMS can also be calibrated for use as a parametric 

monitoring device to determine compliance with opacity standards. 

The system offers an alternative to COMs for monitoring visible 

emissions. Under this action MDE proposes the option to either 

operate COMs or PM CPMS to monitor visible emissions.. The 

NESHAP procedures have been integrated into the Visible Emissions 

and Particulate Matter requirements of the new chapter 30. 

Sources Affected and Location 

There are two existing Portland cement manufacturing plants in 

Maryland, one in Carroll County and one in Washington County. The 

Carroll County plant has a pre-calciner, pre-heater kiln. The 

Washington County plant is currently modifying their kiln from a 

long-dry kiln to a pre-calciner, pre-heater kiln and will complete the 

modification by 2017. 

Requirements 

This action is to: 

1. Combine all of the existing requirements in COMAR 

26.11.01, .06, and .29 regarding NOx, SOx, visible emissions and 

particulate matter that apply to Portland cement manufacturing plants 

into one chapter; 

2. Repeal NOx emission limitations in COMAR 26.11.09.08 

which apply to Portland cement manufacturing plants and establish 

new NOx emission limitations based upon recommended control 

measures for cement kilns from the 2007 Ozone Transport 

Commission (OTC) Technical Support Document on Identification 

and Evaluation of Candidate Control Measures; 
PROPOSED ACTION ON REGULATIONS 

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MARYLAND REGISTER, VOLUME 42, ISSUE 8, FRIDAY, APRIL 17, 2015 

3. Add cement kilns to COMAR 26.11.01.10 which delineates 

the types of facilities that need to operate a COM to measure opacity; 

4. Establish new continuous particulate matter monitoring 

procedures, as specified in EPA’s 2013 National Emission Standards 

for Hazardous Air Pollutants (NESHAP) for the Portland Cement 

Manufacturing Industry and Standards of Performance for Portland 

Cement Plants. The new procedures will be used to demonstrate 

compliance with particulate matter emissions limitations and may be 

used to demonstrate compliance with opacity standards for cement 

kilns and clinker coolers under the specified circumstances instead of 

using a COM; and 

5. Require cement kilns subject to COM requirements to 

comply with the Quality Assurance Requirements for COMs in 

existing COMAR 26.11.31. The Department makes note that under 

separate action amendments to COMAR 26.11.29 are being 

proposed. Existing and new requirements for Control of NOx

Emissions from Internal Combustion Engines Located at Natural Gas 

Pipeline Compression Stations will be under COMAR 26.11.29. 

Existing and new requirements for Portland cement manufacturing 

plants will be under COMAR 26.11.30.

Expected Emissions Reductions 

On and after April 1, 2017, Portland cement kilns will need to 

meet a NOx emission limitation based upon recommended control 

measures for cement kilns from the 2007 Ozone Transport 

Commission (OTC) Technical Support Document on Identification 

and Evaluation of Candidate Control Measures. The proposed NOx

emission rate for long dry kilns is 3.4 pounds of NOx per ton of 

clinker produced and for pre-calciner kilns, an emissions rate of 2.4 

pounds of NOx per ton of clinker produced. 

As a result of this action, the Portland cement plant in Carroll 

County will reduce annual NOx emissions by about 14% or 400 tons 

based on 2012/2013 production. The Portland cement plant in 

Washington County will reduce annual NOx emissions by about 33%

or 510 tons based on 2012/2013 production. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 

Estimate of Economic Impact 

I. Summary of Economic Impact. This action only requires 

affected sources to increase the amount of ammonia reagent used in 

existing pollution control equipment to meet the proposed NOx

emission limitations in 2017. 

The Portland cement plant in Carroll County is a pre-calciner, preheater kiln. Currently, the operators inject 600—730 liters/hr of 

ammonia into their Selective Non-Catalytic Reduction (SNCR) 

control technology to keep NOx emissions below 2.5 lbs/ton of 

clinker to ensure compliance with the current 2.8 pounds of NOx per 

ton of clinker limit. Operating the SNCR costs approximately 

$1,000,000 per year. Using a linear equation, the plant would need to 

inject 760 liters/hr of ammonia to keep their NOx emissions below 

2.4 lbs/ton clinker to ensure compliance with a margin of safety. To 

meet the NOx emission rate of 2.4 lbs/ton clinker produced, the 

additional ammonia could cost approximately $150,000 per year. 

As part of a federal action, the Portland cement plant in 

Washington County will be upgrading the kiln to a pre-heater/precalciner kiln by September 6, 2016. The kiln will then be required to 

meet a year round NOx limit of 1.8 lbs NOx/ton of clinker on a 30-

day rolling average. The 1.8 lbs NOx/ton per ton of clinker is lower 

than the 2.4 lbs NOx/ton of clinker in these regulations, so the 

regulations do not have an economic impact on the Washington 

County facility. 

The operation of a continuous particulate matter emissions 

monitor is required under the federal cement NESHAP. The option to 

use this instrument to satisfy the COM requirement for monitoring 

opacity from cement kilns represents a possible cost savings to the 

facility. Monitoring of opacity has been required since the early 

1990s and is not an additional cost. 

Revenue (R+/R-)

II. Types of Economic 

Impact.

Expenditure 

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State 

agencies: NONE

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated industries or trade groups:

Compliance costs (-) $150,000

E. On other industries or trade groups:

MD contractors (+) Indeterminable

F. Direct and indirect 

effects on public: NONE

III. Assumptions. (Identified by Impact Letter and Number from 

Section II.)

D. Ammonia reagent injection with the existing control 

technology is required to meet the NOx emission rate.

E. Installation of technology and maintenance is usually 

performed by specially trained tradesmen. The magnitude of demand 

is unknown.

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on May 19, 2015, at 10 a.m., at the Department 

of the Environment, 1800 Washington Boulevard, 1st Floor 

Conference Rooms, Baltimore, Maryland 21230-1720. Interested 

persons are invited to attend and express their views. Comments may 

be sent to Mr. Randy Mosier, Chief of the Regulation Division, Air 

and Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or email to Randy.mosier@maryland.gov. 

Comments must be received not later than May 19, 2015, or be 

submitted at the hearing. For more information, call Randy Mosier at 

(410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

• The Department of the Environment’s website at: 

http://www.mde.state.md.us/programs/regulations/air/Pages/reqco

mments.aspx 

• The Air and Radiation Management Administration offices; and

• Regional offices of the Department in Cumberland and 

Salisbury. 
PROPOSED ACTION ON REGULATIONS 

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MARYLAND REGISTER, VOLUME 42, ISSUE 8, FRIDAY, APRIL 17, 2015 

Anyone needing special accommodations at the public hearing 

should contact the Department’s Fair Practices Office at (410) 537- 

3964. 

TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

26.11.01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.10 Continuous Opacity Monitoring Requirements. 

A. Applicability and Exceptions. 

(1) — (4) (text unchanged) 

(5) The owner or operator of a cement manufacturing 

installation may discontinue use of a COM when a PM CPMS is 

installed and operated in accordance with the requirements of 

COMAR 26.11.30. 

B. — E. (text unchanged) 

F. Fuel burning equipment subject to the COM 

requirements in COMAR 26.11.09.05 and cement kilns 

subject to the COM requirements in COMAR 26.11.30 are 

subject to the COM requirements contained in COMAR 

26.11.31.

26.11.09 Control of Fuel-Burning Equipment, 

Stationary Internal Combustion Engines, and 

Certain Fuel-Burning Installations 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.08 Control of NOx Emissions for Major Stationary Sources.

A.—G. (text unchanged) 

H. Requirements for [Cement Manufacturing Facilities,]

Municipal Waste Combustors, and Hospital, Medical, and Infectious 

Waste Incinerators. 

(1) A person who owns or operates a [cement manufacturing 

facility or a] municipal waste combustor shall install, operate, and 

maintain a CEM for NOx emissions. 

[(2) NOx emissions from cement manufacturing kilns may not 

exceed the following total hourly NOx emissions as determined on a 

30-day rolling average of the daily average: 

(a) 1,000 pounds for a facility with a total kiln capacity of 

600,000 tons per year or less; and 

(b) 1,800 pounds for a facility with a total kiln capacity 

greater than 600,000 tons per year.]

[(3)] (2) NOx emissions from municipal waste combustors may 

not exceed the NOx emissions standards in COMAR 26.11.08.07 and

COMAR 26.11.08.08 [(205 ppm 24-hour average)] or applicable 

Prevention of Significant Deterioration limits, whichever is more 

restrictive. 

[(4)] (3) (text unchanged) 

I. Requirements for Glass Melting Furnaces [and Internal 

Combustion Engines at Natural Gas Pipeline Stations].

(1)—(2) (text unchanged) 

[(3) A person who owns or operates an internal combustion 

engine at a natural gas pipeline station with a capacity factor over 15 

percent shall perform either parametric optimization or engine rebuild 

to meet the following emission standards: 

(a) Facilities with five or less engines shall meet a combined 

maximum hourly emission rate of 300 pounds per hour; and 

(b) Facilities with more than five engines shall meet a 

combined maximum hourly emissions rate of 566 pounds per hour. 

(4) Records demonstrating performance of parametric 

optimization shall be maintained on site for at least 2 years and made 

available to the Department upon request.]

J.—K. (text unchanged) 

26.11.30 Control of Portland Cement 

Manufacturing Plants 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.01 Scope. 

This chapter contains all of the general requirements that apply to

Portland cement manufacturing plants. New or modified cement 

plants may be subject to more restrictive requirements that are 

included in a permit issued by the Department. Portland cement 

manufacturing plants subject to this chapter may also be subject to

federal New Source Performance Standards under 40 CFR Part 60,

Subpart F, and National Emission Standards for Hazardous Air

Pollutants from the Portland Cement Manufacturing Industry under 

40 CFR Part 63, Subpart LLL. 

.02 Applicability. 

A. The requirements of this chapter apply to cement kilns and 

other installations located at Portland cement manufacturing plants. 

B. Any source which is subject to the provisions of this chapter 

may also be subject to the provisions of any other chapter. However, 

when this chapter establishes an emission standard for a specific

installation which differs from the general emission standards in

COMAR 26.11.06.01—.09, this chapter takes precedence. 

.03 Definitions. 

A. In this chapter, the following terms have the meanings 

indicated. 

B. Terms Defined. 

(1) “Cement kiln” means an installation, including any 

associated pre-heater or pre-calciner devices, that produces clinker 

by heating limestone and other materials to produce Portland 

cement. 

(2) “Cement manufacturing installation” means process 

equipment used for subsequent production of Portland cement. 

(3) “Clinker cooler” means an installation into which clinker 

product leaving the kiln is placed to be cooled by air supplied by a 

forced air draft or natural draft supply system. 

(4) “Long dry kiln” means a cement kiln that does not have a 

pre-calciner and in which dry starting raw materials are fed into the 

kiln. 

(5) “PM continuous parametric monitoring system” (CPMS) 

means a continuous emission monitoring system used to establish a 

parameter range for the purposes of demonstrating compliance. 

(6) “Pre-calciner kiln” means a cement kiln that contains a 

pre-calciner at the bottom of the pre-heater tower before the 

materials enter the kiln. 

(7) “30-day rolling average” means the arithmetic average of

all valid hourly NOx emission rates of the previous 720 valid hours on

a rolling basis. 

(8) “30 process operating day” means:

(a) The first day after the compliance date following 

completion of the field testing and data collection that demonstrates 

that the CPMS or CEMS has satisfied the relevant CPMS 

performance evaluation or CEMS performance specification 

acceptance criteria; and 

(b) For purposes of this chapter, the performance test period 

is complete at the end of the 30th consecutive operating day. 
PROPOSED ACTION ON REGULATIONS 

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MARYLAND REGISTER, VOLUME 42, ISSUE 8, FRIDAY, APRIL 17, 2015 

.04 Particulate Matter. 

A. The owner or operator of a cement manufacturing installation 

may not cause or permit the discharge of emissions of particulate 

matter to exceed the limits in §B of this regulation. 

B. Emission Limits. 

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, a person 

may not cause or permit particulate matter to be discharged from any

installation in excess of 0.05 grains per standard cubic foot dry. 

(2) Areas III and IV. In Areas III and IV, a person may not 

cause or permit particulate matter to be discharged from any 

installation in excess of 0.03 grains per standard cubic foot dry. 

(3) Compliance with the particulate matter standards of §B(1) 

and (2) of this regulation shall be demonstrated by a 3-run stack test 

using Method 5 or Method 5I of 40 CFR Part 60.

C. Particulate Matter Monitoring Requirements for Cement Kilns 

and Clinker Coolers. On or after September 1, 2016, the owner or

operator of a cement kiln or clinker cooler at a Portland cement 

manufacturing plant shall: 

(1) Use a PM continuous parametric monitoring system 

(CPMS) to establish a site-specific operating parameter limit 

corresponding to the results of the performance test as required in 

§B(3) of this regulation demonstrating compliance with the PM limits

in §B(1) and (2) of this regulation; 

(2) Conduct the performance test as required in §B(3) of this 

regulation using Method 5 or Method 5I of 40 CFR part 60;

(3) Use the PM CPMS to demonstrate continuous compliance 

with the site-specific operating parameter limit established in §C(1) 

of this regulation; 

(4) Repeat the performance test as required in §B(3) of this 

regulation annually and reassess and adjust the site-specific 

operating parameter limit of §C(1) of this regulation in accordance 

with the results of the performance test using the procedures in 40

CFR §63.1349(b)(1)(i) — (ix); and 

(5) Follow the procedures in 40 CFR §63.1350(b)(iii) and (iv) 

for any exceedance of the established operating parameter limit of 

§C(1) of this regulation on a 30 process operating day basis. 

.05 Visible Emission Standards. 

A. The owner or operator of a cement manufacturing installation 

may not cause or permit the discharge of emissions which exceed the 

visibility standards in §B of this regulation. 

B. Visibility Standards. 

(1) In Areas I, II, V, and VI a person may not cause or permit the 

discharge of emissions from any installation or building, other than water 

in an uncombined form, which is greater than 20 percent opacity. 

(2) In Areas III and IV a person may not cause or permit the 

discharge of emissions from any installation or building, other than 

water in an uncombined form, which is visible to human observers. 

(3) Compliance with the visibility standards of §B(1) and (2) of 

this regulation shall be demonstrated by a visible emission 

observation using Method 9 of 40 CFR Part 60. 

C. Visible Emission Monitoring Requirements for Cement Kilns. 

The owner or operator of a cement kiln at a Portland cement 

manufacturing plant shall either: 

(1) Use a COM in accordance with the requirements of 

COMAR 26.11.01.10; or 

(2) Use a PM continuous parametric monitoring system 

(CPMS) to establish a site-specific operating parameter limit for 

continuous visible emission compliance determinations in 

accordance with Regulation .04C of this chapter.

D. Visible Emission monitoring requirements for clinker coolers. 

On or after September 1, 2016, the owner or operator of a clinker 

cooler at a Portland cement manufacturing plant shall either: 

(1) Use a COM in accordance with the requirements of 

COMAR 26.11.01.10; or 

(2) Use a PM continuous parametric monitoring system 

(CPMS) to establish a site-specific operating parameter limit for 

continuous visible emission compliance determinations in 

accordance with Regulation .04C(1) —(5) of this chapter.

.06 Sulfur Compounds. 

A. Sulfur Dioxide (SO2).

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, an owner or

operator of a cement manufacturing installation may not cause 

emissions into the atmosphere with an SO2 concentration greater 

than 2,000 ppm for sources constructed before January 17, 1972, or

500 ppm for sources constructed on or after January 17, 1972. 

(2) Areas III and IV. In Areas III and IV, an owner or operator 

of a cement manufacturing installation may not cause emissions into 

the atmosphere with an SO2 concentration greater than 2,000 ppm for 

sources constructed before February 21, 1971, or 500 ppm for 

sources constructed on or after February 21, 1971. 

B. Sulfuric Acid and Sulfur Trioxide. 

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, an owner or

operator of a cement manufacturing installation may not cause 

emissions of sulfuric acid, sulfur trioxide, or any combination of

them, in excess of 70 milligrams per cubic meter reported as sulfuric 

acid, for any source constructed before January 17, 1972, or 35

milligrams per cubic meter reported as sulfuric acid, for any source 

constructed on or after January 17, 1972. 

(2) Areas III and IV. In Areas III and IV, an owner or operator 

of a cement manufacturing installation may not cause emissions of

sulfuric acid, sulfur trioxide, or any combination of them, in excess of

70 milligrams per cubic meter reported as sulfuric acid for any

source constructed before February 21, 1971, or 35 milligrams per 

cubic meter reported as sulfuric acid for any source constructed on

or after February 21, 1971. 

C. All calculations of emissions for §§A and B of this regulation 

shall be adjusted to standard conditions and 7 percent oxygen. 

.07 Nitrogen Oxides (NOx).

A. A person who owns or operates a cement kiln at a Portland 

cement manufacturing plant shall meet the following applicable NOx

emission standards: 

(1) For long dry kilns, maximum emissions of 5.1 pounds of

NOx per ton of clinker produced; and

(2) For pre-calciner kilns, maximum emissions of 2.8 pounds of

NOx per ton of clinker produced. 

B. On and after April 1, 2017, the requirements in §A of this 

regulation no longer apply and cement kilns shall meet the applicable 

NOx emission standards in §C of this regulation. 

C. On and after April 1, 2017, a person who owns or operates a 

cement kiln at a Portland cement manufacturing plant shall meet the 

following applicable NOx emission standards: 

(1) For long dry kilns, maximum emissions of 3.4 pounds of

NOx per ton of clinker produced; and

(2) For pre-calciner kilns, maximum emissions of 2.4 pounds of

NOx per ton of clinker produced. 

D. Compliance with the emission standards in §§A and C of this 

regulation shall be demonstrated as a 30-day rolling average. 

.08 NOx Continuous Emission Monitoring Requirements. 

A. The owner or operator of a Portland cement manufacturing 

plant shall: 

(1) Continuously monitor NOx emissions with a continuous 

emissions monitor (CEM) system in accordance with COMAR 

26.11.01.11B(1) and (4) and C;

(2) Collect NOx emissions data that was obtained pursuant to

§A(1) of this regulation; and 
PROPOSED ACTION ON REGULATIONS 

625

MARYLAND REGISTER, VOLUME 42, ISSUE 8, FRIDAY, APRIL 17, 2015 

(3) Submit emissions data collected pursuant to §A(2) of this 

regulation to the Department as specified under COMAR 

26.11.01.11E(2). 

B. The NOx emissions data collected pursuant to §A(2) of this 

regulation shall be used to demonstrate compliance with the 

applicable NOx emission rate in Regulation .07 of this chapter. 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.29 [NOx Reduction Requirements for NonElectric Generating Units] Control of NOx

Emissions from Natural Gas Pipeline 

Compression Stations 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—

2-303, Annotated Code of Maryland 

Notice of Proposed Action 

[15-109-P]

 The Secretary of the Environment proposes to repeal existing 

Regulations .01—.05 and adopt new Regulations .01—.05 under 

COMAR 26.11.29 Control of NOx Emissions from Natural Gas 

Pipeline Compression Stations.

Statement of Purpose 

The purpose of this action is to maintain and consolidate NOx

emission requirements for internal combustion engines used to 

compress natural gas located at natural gas pipeline compression 

stations. These NOx emission requirements were established under 

the NOx SIP Call for affected nontrading sources. 

This action will be submitted to the U.S. Environmental Protection 

Agency (EPA) for approval as part of Maryland’s State 

Implementation Plan. 

Background 

In order to consolidate NOx emission requirements for internal 

combustion engines used to compress natural gas located at natural 

gas pipeline compression stations, the Department proposes to repeal 

the existing chapter 29 and replace it. The new chapter 29, titled 

Control of NOx Emissions from Natural Gas Pipeline Compression 

Stations, requires the affected facilities to continue to meet the 

maximum hourly NOx emission limits and the NOx emission 

concentration requirements. There are no additional requirements 

established at this time. 

Sources Affected and Location 

This action affects one facility in Garrett County with two engines 

and one facility in Howard County with over five engines. Both 

facilities are currently in compliance with all the requirements. 

Requirements 

This action proposes to repeal existing chapter 29 titled “NOx

Reduction Requirements for Non-Electric Generating Units”. The 

Department proposes new regulations .01 — .05 under COMAR 

26.11.29 now titled “Control of NOx Emissions from Natural Gas 

Pipeline Compression Stations” which will keep the existing NOx

emission standards for internal combustion engines located at natural 

gas pipeline compression stations from the repealed regulation.05 

under chapter 29. This action further clarifies the monitoring, 

compliance demonstration and record keeping requirements for 

internal combustion engines located at natural gas pipeline 

compression stations. There are no additional requirements resulting 

from this action. 

Expected Emission Reductions 

There are no expected emission reductions from this action. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on May 19, 2015 at 10 a.m. at the Department of 

the Environment, 1800 Washington Boulevard, 1st Floor Conference 

Rooms, Baltimore, Maryland 21230-1720. Interested persons are 

invited to attend and express their views. Comments may be sent to 

Mr. Randy Mosier, Chief of the Regulation Division, Air and 

Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or email to Randy.mosier@maryland.gov. 

Comments must be received not later than May 19, 2015, or be 

submitted at the hearing. For more information, call Randy Mosier at 

(410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

• The Department of the Environment’s website at:

http://www.mde.state.md.us/programs/regulations/air/Pages/reqco

mments.aspx

• The Air and Radiation Management Administration offices; and 

• Regional offices of the Department in Cumberland and 

Salisbury. 

Anyone needing special accommodations at the public hearing 

should contact the Department’s Fair Practices Office at (410) 537-

3964. 

TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

.01 Definitions. 

A. In this chapter, the following terms have the meanings 

indicated. 

B. Terms Defined. 

(1) “Natural gas pipeline compression station” means a main 

line natural gas transmission station, consisting of one or more 

internal combustion engines, used to compress natural gas, thereby 

sustaining flow of natural gas through the pipeline. 

(2) “Parametric optimization” means the adjustment of an 

internal combustion engine, such as adjustment of the air-to-fuel 

ratio, that maximizes engine efficiency and minimizes emissions. 

.02 Applicability and General Requirements. 

A. Applicability. This chapter applies to stationary internal 

combustion engines used to compress natural gas located at natural 

gas pipeline compression stations. 

B. NOx Emission Limits. A person who owns or operates a 

stationary internal combustion engine to which this chapter applies 

shall perform either parametric optimization or engine rebuild to 

meet the following NOx emission limits: 

(1) Facilities with five or fewer internal combustion engines 

shall meet a combined maximum hourly emission limit of 300 pounds 

per hour or less. 
FINAL ACTION ON REGULATIONS 

884

MARYLAND REGISTER, VOLUME 42, ISSUE 14, FRIDAY, JULY 10, 2015 

Subtitle 18 LARGE FAMILY CHILD 

CARE HOMES 

Notice of Final Action 

[15-094-F] 

On June 26, 2015, the State Superintendent of Schools adopted: 

(1) Regulations .02—.05 under COMAR 13A.18.02 

Registration Application and Maintenance;

(2) Regulations .03—.06 under COMAR 13A.18.03 

Management and Administration;

(3) Regulation .03 under COMAR 13A.18.05 Home 

Environment and Equipment;

(4) Regulations .02 and .05—.07 under COMAR 13A.18.06 

Provider and Staff Requirements;

(5) Regulation .01 under COMAR 13A.18.08 Child 

Supervision;

(6) Regulation .01 under COMAR 13A.18.09 Program 

Requirements; and 

(7) Regulation .01 under COMAR 13A.18.12 Nutrition.

This action, which was proposed for adoption in 42:6 Md. R. 

535—539 (March 20, 2015), has been adopted with the 

nonsubstantive changes shown below. 

Effective Date: July 20, 2015. 

Attorney General’s Certification 

In accordance with State Government Article, §10-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows: 

At 13A.18.02.03A(3), change “.02B(2)(b)” to read “.02C(2)(b); at 

13A.18.02.04A(2), change “.02B(1)” to read “.02C(1)”; and at 

13A.18.02.05B(2)(d), change “.02B(2)(a)” to read “.02C(2)(a)”. The 

changes are nonsubstantive and were made to clarify the authority for 

the regulations and to ensure that cross-references were correct. 

13A.18.02 Registration Application and 

Maintenance 

Authority: Family Law Article, §§5-501, 5-505, 5-550—5-557.1, and 5-560—

5-563; Human Services Article, §1-202; State Government Article, §10-617; 

Annotated Code of Maryland 

Agency Note: Federal Statutory Reference—Americans with Disabilities Act 

of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. 

§6081 et seq.) 

.03 Continuing Registration. 

A. Application for Continuing Registration. To obtain a 

continuing registration, a provider shall submit to the office before 

expiration of the initial registration: 

(1)—(2) (proposed text unchanged) 

(3) A medical evaluation that meets the requirements of 

Regulation [[.02B(2)(b)]] .02C(2)(b) of this chapter for: 

(a)—(c) (proposed text unchanged) 

(4)—(6) (proposed text unchanged) 

B. (proposed text unchanged) 

.04 Provisional Status and Conditional Registration. 

A. Provisional Status. 

(1) (proposed text unchanged) 

(2) An initial registration may not be approved if the office has 

not yet received evidence that the applicant and, as applicable, each 

individual specified in Regulation [[.02B(1)]] .02C(1) and (2)(a) of 

this chapter has successfully passed a federal and State criminal 

background check and a review of child and adult abuse and neglect 

records. 

(3)—(4) (proposed text unchanged) 

B. (proposed text unchanged) 

.05 Resumption of Service. 

A. (proposed text unchanged) 

B. The application to resume service shall meet all initial 

registration application requirements, except that: 

(1) (proposed text unchanged) 

(2) The office may accept as applicable to the new application 

the: 

(a)—(c) (proposed text unchanged) 

(d) Results of the original child and adult abuse and neglect 

clearances conducted pursuant to Regulation [[.02B(2)(a)]]

.02C(2)(a) of this chapter, if the clearances were completed within 12 

months of the application; and 

(e) (proposed text unchanged) 

LILLIAN M. LOWERY, Ed.D. 

State Superintendent of Schools 

Title 14 

INDEPENDENT AGENCIES 

Subtitle 09 WORKERS’ 

COMPENSATION COMMISSION 

14.09.04 Legal Representation and Fees 

Authority: Labor and Employment Article, §§9-309 and 9-731, Annotated 

Code of Maryland 

Notice of Final Action 

[15-107-F] 

On June 25, 2015, the Workers’ Compensation Commission 

adopted amendments to Regulation .03 under COMAR 14.09.04.03

Legal Representation and Fees. This action, which was proposed 

for adoption in 42:7 Md. R. 573—574 (April 3, 2015), has been 

adopted as proposed. 

Effective Date: July 20, 2015. 

R. KARL AUMANN 

Chairman 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Notice of Final Action 

[15-115-F] 

On June 23, 2015, the Secretary of the Environment adopted: 

(1) Amendments to Regulation .10 under COMAR 26.11.01 

General Administrative Provisions;

(2) Amendments to Regulation .08 under COMAR 26.11.09 

Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Installations;

and 

(3) New Regulations .01 — .08 under a new chapter, COMAR 

26.11.30 Control of Portland Cement Manufacturing Plants.
FINAL ACTION ON REGULATIONS 

885

MARYLAND REGISTER, VOLUME 42, ISSUE 14, FRIDAY, JULY 10, 2015 

This action, which was proposed for adoption in 42:8 Md. R. 

621—625 (April 17, 2015), has been adopted as proposed. 

Effective Date: July 20, 2015. 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.29 Control of NOx Emissions from Natural 

Gas Pipeline Compression Stations 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—

2-303, Annotated Code of Maryland 

Notice of Final Action 

[15-109-F] 

On June 23, 2015, the Secretary of the Environment adopted the 

repeal of existing Regulations .01 — .05 and new Regulations .01 —

.05 under COMAR 26.11.29 Control of NOx Emissions from 

Natural Gas Pipeline Compression Stations. This action, which 

was proposed for adoption in 42:8 Md. R. 625—626 (April 17, 

2015), has been adopted with the nonsubstantive changes shown 

below. 

Effective Date: July 20, 2015. 

Attorney General’s Certification 

In accordance with State Government Article, §10-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows: 

Regulation .03A(2): The added text is to clarify that the report is 

required annually; therefore there is no change to the intent or impact 

of the regulation. 

.03 Monitoring Requirements. 

A. A person who owns or operates a stationary internal 

combustion engine subject to Regulation .02C of this chapter shall: 

(1) (proposed text unchanged) 

(2) On or before May 1, 2002, and every year thereafter,

collect NOx emissions data that was obtained pursuant to §A(1) of 

this regulation; and 

(3) (proposed text unchanged) 

B. (proposed text unchanged) 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 
PROPOSED ACTION ON REGULATIONS 

490

MARYLAND REGISTER, VOLUME 41, ISSUE 8, FRIDAY, APRIL 18, 2014

Title 26 

DEPARTMENT OF THE

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.13 Control of Gasoline and Volatile 

Organic Compound Storage and Handling 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Proposed Action 

[14-108-P]

The Secretary of the Environment proposes to amend Regulations 

.04 and .05 under COMAR 26.11.13 Control of Gasoline and 

Volatile Organic Compound Storage and Handling.

Statement of Purpose 

The purpose of this action is to provide an alternative equivalent 

vapor recovery method for the transfer of high vapor pressure 

materials and to amend incorrect references. 

This action will be submitted to the U.S. Environmental Protection 

Agency (EPA) for approval as part of Maryland’s State 

Implementation Plan. 

Background 

COMAR 26.11.13.04 establishes requirements for the use of 

automatic disconnections for the transfer of gasoline and VOCs with 

a total vapor pressure greater than 1.5 psia. Automatic disconnections 

are typically referred to in the industry as dry disconnects. Affected 

sources in Maryland do use dry disconnects on transfer equipment 

used for the handling of gasoline and fuel grade ethanol products 

(which have vapor pressures of greater than 1.5 psia). These products 

are typically transported in tank trucks meeting the U.S. Department 

of Transportation (US DOT) specifications as a MC306 or MC406 

type cargo tank. The fuel industry has adopted the use of dry 

disconnect fittings for loading and unloading hose applications. 

Affected sources are limited to using dry disconnects on these 

products to accommodate the tank truck connection fittings on the 

MC306/406 cargo tanks. 

The handling of other flammable liquids in tank trucks is not so 

clearly defined for the loading connections. These products are 

handled in US DOT MC407 cargo tanks. The motor carrier and 

chemical industries do not have an industry standard for the hose 

connections and trailer fittings beyond regulated safety venting 

devices. Sources that transfer fuels and liquids do not operate the 

motor carrier fleets or direct or coordinate the tank truck set up or 

maintenance. As such affected sources are required to have a high 

degree of flexibility as to the product and vapor return connections 

necessary to safely transfer the ordered product. The daily variation 

for tank truck connection type and size make the development of a 

standard transfer hose connection challenging. Many motor carriers 

use a variation of a cam lock “quick connector” type fitting to allow 

them to meet the end receiver transfer connections. Affected sources 

in Maryland maintain an inventory of the most commonly used 

connections to meet daily operating conditions. 

Affected sources in Maryland typically only transfer one product 

with a vapor pressure greater than 1.5 psia at a Baltimore facility. 

This product is hexane, for which typically approximately 1.5 million 

gallons are transferred annually. This product is transferred using 

vapor balance, which has an estimated combined capture and control 

efficiency of 98.7 percent using EPA AP-42 factors. The total volatile 

organic compounds (VOC) emissions associated with this transfer are 

estimated as approximately 114 pounds. 

This transfer quantity equates to approximately 53 tank cars of 

material, and approximately 215 truckloads of material. The tank 

trucks that are used to transport this material are not equipped with 

fittings that will accommodate dry disconnects. Because these tank 

trucks are not owned or operated by transfer facilities, it is outside of 

affected sources control to equip the tank trucks with such fittings. 

Sources Affected and Location 

The amendments affect the TRANSFLO Terminal Services, Inc. 

facility located in Baltimore City. 

Requirements 

The amendments provide an alternative equivalent vapor recovery 

method for the transfer of high vapor pressure materials that must be 

approved by the Department and the EPA. 

Expected Emissions Reductions 

Minimal emission reductions from existing sources in Maryland 

are expected as a result of adopting the proposed amendments. Air 

quality emission benefits will continue to be maintained with the help 

of custom procedures in place as an alternative to the use of dry 

disconnects for the transfer of high vapor pressure materials. The 

affected facility has developed a custom transloading operation for 

high vapor pressure materials such as hexane that involves an 

elevated platform, vapor balance and a “fail-closed” configuration 

which turns off the pump and ceases flow should there be a leaking 

connection, valve, or hose. Liquid pump(s) are used to empty the 

hoses upon completion of the transfer operation which minimizes 

releases to the environment (i.e., spills and evaporation). 

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on June 3, 2014 at 10 a.m. at the Department of 

the Environment, 1800 Washington Boulevard, 1st Floor Conference 

Rooms, Baltimore, Maryland 21230-1720. Interested persons are 

invited to attend and express their views. Comments may be sent to 

Randy Mosier, Chief, Regulation Development Division, Air and 

Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or emailed to randy.mosier@maryland.gov. 

Comments must be received not later than June 3, 2014, or be 

submitted at the hearing. For more information, call Randy Mosier at 

(410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

• The Department of the Environment’s website at: 

http://www.mde.state.md.us/programs/regulations/air/Pages/req

comments.aspx 

• The Air and Radiation Management Administration; 

• Regional offices of the Department in Cumberland and 

Salisbury; 
PROPOSED ACTION ON REGULATIONS 

491

MARYLAND REGISTER, VOLUME 41, ISSUE 8, FRIDAY, APRIL 18, 2014 

• All local air quality control offices; and

• Local health departments in those counties not having 

separate air quality control offices. 

Anyone needing special accommodations at the public hearing 

should contact the Department’s Fair Practices Office at (410) 537-

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

.04 Loading Operations. 

A. Bulk Gasoline Terminals. 

(1) — (2) (text unchanged) 

(3) Test Procedures. 

(a) Testing for leak-tight conditions, as required in 

§A(1)(b)(ii) of this regulation, shall be conducted as prescribed in 

Method 1008 of the Department’s Technical Memorandum 91-01, 

“Test Methods and Equipment Specifications for Stationary Sources”

[(]January 1991[)], as amended through Supplement 3 (October 1, 

1997), which is incorporated by reference in COMAR 26.11.01.04C. 

(b) The test procedures to determine mass emission rate 

compliance as required in §A(1)(a) of this regulation, shall be as 

prescribed in Method 1009 of the Department’s Technical 

Memorandum 91-01, “Test Methods and Equipment Specifications 

for Stationary Sources” [(]January 1991[)], as amended through 

Supplement 3 (October 1, 1997), which is incorporated by reference 

in COMAR 26.11.01.04C. 

B. — D. (text unchanged) 

E. Alternative Compliance Procedures. In lieu of satisfying the 

requirements of §D(1) of this regulation, a person may instead 

utilize: 

(a) An overhead loading rack installation which transfers 

VOC other than gasoline having a TVP of 1.5 psia (10.3 

kilonewtons/square meter) from railroad tank car to tank trucks, or 

vice versa, using drip pans and other spill control equipment to limit 

the release of any product during post loading disconnections and 

any one of the following control practices or combination thereof: 

(i) Walking the hose clear of fluids; 

(ii) Running a pump to clear the line of fluids; or 

(iii) Application of inert gas to clear the line of fluids; or 

(b) An alternative equivalent vapor containment method 

approved by the Department and the EPA as a revision to the 

Maryland State Implementation Plan. 

.05 Gasoline Leaks from Tank Trucks. 

A. (text unchanged) 

B. Method of Compliance. A person who owns or operates a 

gasoline tank truck subject to this regulation shall: 

(1) (text unchanged)

(2) Use the certification test procedures as prescribed in 

Method 1007 of the Department’s Technical Memorandum 91-01, 

“Test Methods and Equipment Specifications for Stationary Sources” 

[(]January 1991[)], as amended through Supplement 3 (October 1, 

1997), which is incorporated by reference in COMAR 26.11.01.04C; 

and 

(3) (text unchanged) 

C. Determination of Compliance. 

(1) (text unchanged) 

(2) The Department may at any time monitor gasoline tank 

trucks for leak-tight conditions using the procedures described in 

Method 1008 of the Department’s Technical Memorandum 91-01, 

“Test Methods and Equipment Specifications for Stationary 

Sources”, January 1991, as amended through Supplement 3 (October 

1, 1997),which is incorporated by reference in COMAR 

26.11.01.04C. 

D. (text unchanged)

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Title 33 

STATE BOARD OF 

ELECTIONS 

Subtitle 10 VOTING SYSTEMS —

SYSTEM REQUIREMENTS AND 

PROCEDURES 

33.10.02 AccuVote-TS

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-102(b) and (i), 

11-308, and 11-403(a)(1), Annotated Code of Maryland 

Notice of Proposed Action 

[14-103-P]

The State Board of Elections proposes to amend Regulation .07

under COMAR 33.10.02 AccuVote-TS. This action was considered 

by the State Board of Elections at its February 27, 2014, meeting, 

notice of which was given in accordance with State Government 

Article, §10-506(c), Annotated Code of Maryland. 

Statement of Purpose 

The purpose of this action is to clarify the procedure for 

determining the voting unit allocation to include the State

Administrator with consultation with the local boards. 

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

Comments may be sent to Erin Perrone, Administrative Assistant, 

State Board of Elections, P.O. Box 6486, Annapolis, MD 21401-

0486, or call 410-269-2845, or email to erin.perrone@maryland.gov, 

or fax to 410-974-2019. Comments will be accepted through May 19, 

2014. A public hearing has not been scheduled. 

.07 Number of Voting Units; Privacy Booths. 

A. Number of Voting Units Required. 

(1) For a regularly scheduled primary or general election, the 

[local board shall provide each polling place with: 

(a) The greater of: 

(i) One voting unit for each 200 registered voters 

assigned to a precinct, plus an additional voting unit for every 

fractional part of that number; or 

(ii) Two voting units; and 

(b) At least one voting unit with accessible voting 

equipment] State Administrator, in consultation with the local 

boards, shall determine the number of voting units assigned to each 

precinct. 
FINAL ACTION ON REGULATIONS 

800

MARYLAND REGISTER, VOLUME 41, ISSUE 14, FRIDAY, JULY 11, 2014 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 08 WATER POLLUTION 

26.08.05 Certification of State Water Quality 

Laboratories 

Authority: Environment Article, Title 9, Subtitle 10, Annotated Code of 

Maryland 

Notice of Final Action 

[14-081-F-I] 

On June 12, 2014, the Secretary of the Environment adopted the 

repeal of existing Regulations .01—.16 and new Regulations .01—

.18 under COMAR 26.08.05 Certification of State Water Quality 

Laboratories. This action, which was proposed for adoption in 41:7 

Md. R. 435—441 (April 4, 2014), has been adopted as proposed. 

Effective Date: July 21, 2014. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.13 Control of Gasoline and Volatile 

Organic Compound Storage and Handling 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Final Action 

[14-108-F] 

On June 18, 2014, the Secretary of the Environment adopted 

amendments to Regulations .04 and .05 under COMAR 26.11.13 

Control of Gasoline and Volatile Organic Compound Storage 

and Handling. This action, which was proposed for adoption in 41:8 

Md. R. 490—491 (April 18, 2014), has been adopted as proposed. 

Effective Date: July 21, 2014. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 





PROPOSED ACTION ON REGULATIONS 

848

MARYLAND REGISTER, VOLUME 42, ISSUE 13, FRIDAY, JUNE 26, 2015 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.19 Volatile Organic Compounds from 

Specific Processes 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Proposed Action 

[15-148-P]

The Secretary of the Environment proposes to amend Regulation 

.26 and adopt new Regulation .26-1 under COMAR 26.11.19 

Volatile Organic Compounds from Specific Processes.

Statement of Purpose 

The purpose of this action is to adopt the requirements of the 

EPA’s Control Techniques Guidelines (CTG) for Fiberglass Boat 

Manufacturing. The new regulation COMAR 26.11.19.26-1, Control 

of Volatile Organic Compounds from Fiberglass Boat Manufacturing, 

adopts the requirements of the EPA’s CTG for this category. EPA 

develops CTGs as guidance on control requirements for various 

source categories. States can follow the CTGs or adopt more 

restrictive standards. MDE proposes to adopt new volatile organic 

compound (VOC) limits, standards for application methods, and 

work practice requirements which are consistent with the most recent 

CTG recommendations applicable to fiberglass boat manufacturing. 

The new regulation affects manufacturers of fiberglass boats. 

COMAR 26.11.19.26 Control of Volatile Organic Compounds from 

Reinforced Plastic Manufacturing is amended to exempt fiberglass 

boat manufacturing. This amendment and new regulation will be 

submitted to the U.S. Environmental Protection Agency (EPA) as a 

revision to Maryland’s State Implementation Plan (SIP). 

Background

The EPA first published an assessment of VOC emissions from 

fiberglass boat manufacturing in 1990. This assessment evaluated 

VOC emissions from fiberglass boat manufacturing and potential 

control options. The National Emission Standards for Hazardous Air 

Pollutants for Boat Manufacturing, 40 CFR part 63, subpart VVVV 

(2001 NESHAP) were promulgated in 2001. Emission standards 

under the 2001 NESHAP were for organic hazardous air pollutants 

(HAPs) based on low-HAP resins and gel coats and low-emitting 

resin application technology. In July 2008, the EPA published a new 

CTG for Fiberglass Boat Manufacturing Materials. The CTG was 

developed based on the 1990 VOC assessment, the 2001 NESHAP, 

existing state VOC emission reduction approaches such as California, 

and in consideration of information obtained since the issuance of the 

2001 NESHAP. 

Requirements 

Resins containing styrene and gel coats containing both styrene 

and methyl methacrylate (MMA) are the main contributors of VOC 

emissions at fiberglass boat manufacturing facilities. The proposed 

standards are designed to reduce VOC emissions during fiberglass 

boat manufacturing operations. Not all the VOCs in the materials 

used are emitted to the atmosphere, as some of the VOCs are used in 

cross linking reactions of polymers and are retained in the finished 

material. Thus, an overall reduction of VOC content in production 

materials reduces potential emissions from extraneous VOCs during 

the manufacturing process. 

Cleaning activities other than surface preparation also occur at 

facilities engaged in fiberglass boat manufacturing. Cleaning 

materials are used to remove residue or other unwanted materials 

from equipment related to manufacturing operations such as molds 

and prototypes, as well as the cleaning of application equipment, 

transfer lines and other ancillary equipment. These cleaning materials 

are typically mixtures of VOC containing solvents. The proposed 

regulation includes emission control requirements for cleaning 

materials consistent with those in the CTG.

Expected Emissions Reductions 

The proposed regulation sets standards for fiberglass boat 

manufacturing operations. Emissions of VOCs from fiberglass boat 

manufacturing operations are expected to be reduced by 

approximately forty percent nationally. Maryland only has one 

known source that may, on occasion, assemble fiberglass boats from 

premanufactured hulls and decks. Therefore Maryland VOC emission 

benefits will be negligible. The coatings industry already has 

products available to meet VOC standards contained in the CTG and 

proposed regulation. The maximum benefit from VOC reductions 

will be provided during the ozone season when VOCs readily 

combine with NOx to form the pollutant ground level ozone. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 

Estimate of Economic Impact 

I. Summary of Economic Impact. The proposed new regulation 

adopts the requirements of the CTG for fiberglass boat 

manufacturing. EPA estimated the economic impact of this regulation 

on a national level at a cost effectiveness approximately $ 4,200/ton 

of VOC controlled. The standards and requirements of the CTG have 

already been implemented in other states and as a result cost of 

production of compliant materials has come down from initial phase 

of implementation. As the CTGs are implemented nationally, the 

costs of compliant materials are expected to be reduced further. Due 

to the limited number of affected sources, the economic impact in 

MD will be minimal. 

 Revenue (R+/R-) 

II. Types of Economic Impact.

Expenditure 

(E+/E-) Magnitude 

A. On issuing agency: NONE 

B. On other State agencies: NONE 

C. On local governments: NONE 

 

Benefit (+) 

Cost (-) Magnitude 

D. On regulated industries or trade 

groups: (-) Minimal 

E. On other industries or trade 

groups: NONE 

F. Direct and indirect effects on 

public: NONE 

III. Assumptions. (Identified by Impact Letter and Number from 

Section II.)

D. Minimal impact on affected sources.
PROPOSED ACTION ON REGULATIONS 

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MARYLAND REGISTER, VOLUME 42, ISSUE 13, FRIDAY, JUNE 26, 2015 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on July 28, 2015 at 10:00 a.m. at the Department 

of the Environment, 1800 Washington Boulevard, 1st Floor 

Conference Rooms, Baltimore, Maryland 21230-1720. Interested 

persons are invited to attend and express their views. Comments may 

be sent to Mr. Randy Mosier, Chief of the Regulation Division, Air 

and Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or emailed to randy.mosier@maryland.gov. 

Comments must be received not later than July 28, 2015, or be 

submitted at the hearing. For more information, call Randy Mosier at 

(410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

• The Department of the Environment’s website at: 

http://www.mde.state.md.us/programs/regulations/air/Pages/req

comments.aspx 

• The Air and Radiation Management Administration Office in 

Baltimore; and 

• The regional offices of the Department in Cumberland and

Salisbury. 

Anyone needing special accommodations at the public hearing 

should contact the Department’s Fair Practices Office at (410) 537-

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

.26 Control of Volatile Organic Compound Emissions from 

Reinforced Plastic Manufacturing. 

A. Applicability. 

(1)—(2) (text unchanged) 

(3) The requirements in this regulation do not apply to any 

fiberglass boat manufacturing facility as defined in Regulation .26-

1B(5) of this chapter. 

B.—D. (text unchanged) 

.26-1 Control of Volatile Organic Compound Emissions from 

Fiberglass Boat Manufacturing.

A. Applicability. 

(1) This regulation applies to any fiberglass boat 

manufacturing facility where the total actual VOC emissions, before 

add-on controls, from all fiberglass boat manufacturing is 15 pounds 

or more per day as determined on a monthly average. 

(2) VOC emissions from polyester resins, tooling resins and gel 

coats, ancillary parts production, touch-up, clean-up, and repair are 

to be included in determining VOC emissions pursuant to §(A)(1) of 

this regulation. 

B. Definitions. In this regulation, the following terms have the 

meanings indicated: 

(1) Atomized Resin Application. 

(a) “Atomized resin application” means a resin application 

technology in which the resin leaves the application equipment and 

breaks into droplets or an aerosol as it travels from the application 

equipment to the surface of the part. 

(b) “Atomized resin application” includes, but is not limited 

to, resin spray guns and resin chopper spray guns. 

(2) Clear Gel Coat. 

(a) “Clear gel coat” means a gel coat that is clear or 

translucent such that underlying colors are visible. 

(b) “Clear gel coat” does not include tooling gel coats used 

to build or repair molds. 

(3) Closed Molding. 

(a) “Closed molding” means any molding process that has 

the following characteristics: 

(i) Pressure is used to distribute the resin through the 

reinforcing fabric placed between two mold surfaces to either 

saturate the fabric or fill the mold cavity; and 

(ii) Clamping pressure, fluid pressure, atmospheric 

pressure, or vacuum pressure are applied either alone or in 

combination. 

(b) “Closed molding” includes, but is not limited to, 

compression molding with sheet molding compound, infusion 

molding, resin injection molding (RIM), vacuum assisted resin 

transfer molding (VARTM), resin transfer molding (RTM), and 

vacuum assisted compression molding. 

(c) “Closed molding” does not include: 

(i) Processes in which a closed mold is used only to 

compact saturated fabric or remove air or excess resin from the 

fabric (such as in vacuum bagging); or

(ii) Open molding steps such as application of a gel coat 

or skin coat layer by conventional open molding prior to a closed 

molding process. 

(4) “Fiberglass boat” means any type of vessel, other than a 

seaplane, that can be used for transportation on the water, in which 

either the hull or deck is built from a composite material consisting of 

a polyester resin or other thermosetting resin matrix reinforced with 

fiberglass (glass fibers), inert filler or other reinforcing materials 

such as fibers of carbon or aramid. 

(5) Fiberglass Boat Manufacturing Facility. 

(a) “Fiberglass boat manufacturing facility” means a 

facility that manufactures hulls or decks of fiberglass boats, 

assembles fiberglass boats from premanufactured hulls and decks, or 

builds molds to make hulls or decks of fiberglass boats. 

(b) “Fiberglass boat manufacturing facility” does not 

include a facility which: 

(i) Manufactures ancillary parts for fiberglass boats 

(such as hatches, seats, or lockers) or boat trailers; and 

(ii) Does not manufacture hulls or decks of fiberglass 

boats, assemble fiberglass boats from premanufactured hulls and 

decks, or build molds for fiberglass boat hulls or decks. 

(6) “Filled resin” means a resin to which an inert material has 

been added to change viscosity, density, shrinkage, or other physical 

properties. 

(7) “Gel coat” means a thermosetting resin surface coating 

containing styrene (Chemical Abstract Service (CAS No. 100–42–5) 

or methyl methacrylate (CAS No. 80–62–6) that: 

(a) Provides a cosmetic enhancement or improves resistance 

to degradation from exposure to the elements; 

(b) Does not contain any reinforcing fibers; and 

(c) Is applied directly to mold surfaces or to a finished 

laminate. 

(8) “Mold” means the cavity or surface into or on which gel 

coat, resin, and fibers are placed and from which finished fiberglass 

parts take their form. 

(9) “Monomer” means a low molecular weight organic 

compound that reacts with itself or other similar compounds to 

produce a polymer such as a polyester or vinylester resin. 

(10) Nonatomized Resin Application. 

(a) “Nonatomized resin application” means any application 

technology in which the resin is not broken into droplets or an 

aerosol as it travels from the application equipment to the surface of 

the part. 

(b) “Nonatomized resin application” includes, but is not 

limited to, flowcoaters, chopper flowcoaters, pressure fed resin 
PROPOSED ACTION ON REGULATIONS 

850

MARYLAND REGISTER, VOLUME 42, ISSUE 13, FRIDAY, JUNE 26, 2015 

rollers, resin impregnators, and hand application by paint brush or 

paint roller. 

(11) “Non-monomer” means any low molecular weight organic 

compound that does not react with itself or other similar compounds 

to produce a polymer and is assumed to be emitted fully as a VOC 

into the atmosphere. 

(12) “Non-VOC cleanup material” means a material that: 

(a) Is used to clean products, tools, process equipment, and 

other equipment used in the manufacture of fiberglass boats; and 

(b) Either contains less than 5 percent VOC by weight or 

has a VOC composite vapor pressure of no more than 0.5 millimeters 

of mercury at 68 degrees Fahrenheit. 

(13) Open Molding and Gel Coat Operations. 

(a) “Open molding and gel coat operation” means any 

process in which the reinforcing fibers and resin are placed in the 

mold and are open to the surrounding air while the reinforcing fibers 

are saturated with resin. 

(b) “Open molding and gel coat operation” includes 

operations in which a vacuum bag or similar cover is used to 

compress an uncured laminate to remove air bubbles or excess resin, 

or to achieve a bond between a core material and a laminate. 

(14) Pigmented Gel Coat. 

(a) “Pigmented gel coat” means an opaque gel coat. 

(b) “Pigmented gel coat” does not include tooling gel coats 

used to build or repair molds. 

(15) Production Resin. 

(a) “Production resin” means any resin used to 

manufacture parts for sale. 

(b) “Production resin” does not include tooling resins used 

to build or repair molds, or assembly adhesives. 

(16) “Pure, 100-percent, vinylester resin used for skin coats”

means resins containing only vinylester resin and does not include 

any resin containing blends of vinylester and polyester resins. 

(17) “Resin and gel coat mixing operation” means any 

operation in which a resin or gel coat is combined with additives that 

include, but are not limited to, fillers, promoters, or catalysts, and 

includes operations making putties or polyputties used to assemble 

parts of fiberglass boats and to fill gaps between parts. 

(18) “Skin coat” means a layer of resin and fibers applied over 

a gel coat to protect the gel coat from being deformed by an 

additional laminate layer or layers. 

(19) “Tooling” means the production of molding tools such as 

shapes, matrixes, molds, or other instruments and utensils that are 

used during manufacturing of fiberglass boats. 

(20) “Tooling resin” means, for the purposes of §C(1) of this 

regulation, the resin used to build or repair molds (also known as 

tools) or prototypes (also known as plugs) from which molds will be 

made. 

(21) “Tooling gel coat” means, for the purposes of §C(1) of 

this regulation, the gel coat used to build or repair molds (also 

known as tools) or prototypes (also known as plugs) from which 

molds will be made. 

(22) “Total VOC Content (percent by weight)” means the sum 

of the monomer content (percent by weight) determined according to 

§D(1) of this regulation and of the weight percent of the nonmonomer VOC determined by §D(3) of this regulation. 

(23) Vacuum Bagging. 

(a) “Vacuum bagging” means any molding technique in 

which the reinforcing fabric is saturated with resin and then covered 

with a flexible sheet that is sealed to the edge of the mold and where 

a vacuum is applied under the sheet to compress the laminate, 

remove excess resin, or remove trapped air from the laminate during 

curing. 

(b) “Vacuum bagging” does not include closed molding. 

(24) “Vinylester resin” means a thermosetting resin containing 

esters of acrylic or methacrylic acids and having double-bond and 

ester linkage sites only at the ends of the resin molecules. 

C. Requirements. 

(1) A person who owns or operates a fiberglass boat 

manufacturing facility subject to this regulation shall: 

(a) Not cause or permit the discharge into the 

atmosphere of any VOC from resin and gel coat operations in 

excess of the following standards, except as provided in §C(3) of 

this regulation: 

Operation Application 

Method

Total 

Monomer 

Content 

(percent by 

weight)

Total VOC 

Content 

(percent by 

weight)

Production 

resin

Atomized resin 

application 

(spray)

28 33

Production 

resin 

Nonatomized 

resin 

application

35 40

Pigmented gel 

coat

Atomized or 

nonatomized 

resin 

application

33 38

Clear gel coat Atomized or 

nonatomized 

resin 

application

48 53

Tooling resin Atomized resin 

application 

(spray)

30 35

Tooling resin Nonatomized 

resin 

application

39 44

Tooling gel 

coat

Atomized or 

nonatomized 

resin 

application

40 45

(b) Notwithstanding §C(3)(a) and (b) of this regulation, use 

nonatomizing resin application equipment when applying production 

resins (including skin coat resins) pursuant to §C(3)(a) of this 

regulation, and pure,100-percent vinylester resins pursuant to 

§C(3)(b) of this regulation. 

(c) Not cause or permit the discharge into the atmosphere of 

any VOC from any resin and gel coat mixing operation unless all 

mixing containers with a capacity equal to or greater than 208 liters 

(55 gallons), including those used for on-site mixing of putties and 

polyputties, have a cover with no visible gaps in place at all times 

except when material is being manually added to or removed from 

the container, or when mixing or pumping equipment is being placed 

in or removed from the container. 

(d) Only use non-VOC cleanup materials. 

(2) Alternative Compliance Option. 

In lieu of meeting the standards of §C(1)(a) of this 

regulation, a person who owns or operates a fiberglass boat 

manufacturing facility subject to this regulation may cause or permit 

the discharge into the atmosphere of any VOC from filled resins 

provided that such emissions do not exceed the following nonmonomer VOC content and as-applied monomer VOC emission rates 
PROPOSED ACTION ON REGULATIONS 

851

MARYLAND REGISTER, VOLUME 42, ISSUE 13, FRIDAY, JUNE 26, 2015 

calculated using the equation in §D(3) of this regulation: 

Type of Filled Resin Monomer Rate in kg 

Monomer VOC per 

Megagram of Filled 

Resin as Applied

Non-monomer VOC 

Content Limit of 

Unfilled Resin

Production 46 5%

Tooling 54 5%

(3) Exemptions. The standards in §C(1)(a) of this regulation do 

not apply to: 

(a) Production resins (including skin coat resins) that meet 

specifications for use in military vessels or must be approved by the 

U.S. Coast Guard for use in the construction of lifeboats, rescue 

boats, and other life-saving appliances approved under 46 CFR 

Chapter I, Subchapter Q, or the construction of small passenger 

vessels as regulated by 46 CFR Chapter I, Subchapter T; 

(b) Pure, 100-percent vinylester resins used for skin coats 

where the total quantity of such resins used is less than or equal to 5 

percent by weight of all resin used at a fiberglass boat manufacturing 

facility on a 12-month rolling average basis, as reported in §§E(5)—

(7) of this regulation; 

(c) Production and tooling resins, and pigmented, clear, and 

tooling gel coats, which are used for touch up and repair of parts or 

molds and which are used in quantities less than or equal to 1 

percent by weight of all resin used at a fiberglass boat manufacturing 

facility on a 12-month rolling average basis, as reported in §E(1) of 

this regulation; 

(d) Resins used in closed molding; 

(e) Polyester resins used for tooling or touch-up and repair 

during a manufacturing process that is not fiberglass boat 

manufacturing; 

(f) Coatings applied to fiberglass boats; and 

(g) Adhesives used in the assembly of fiberglass boats. 

D. Test Methods and Compliance Procedures. 

(1) A person who owns or operates a fiberglass boat 

manufacturing facility subject to this regulation shall determine the 

monomer VOC content of any resin or gel coat applied at the facility 

using: 

(a) South Coast Air Quality Management District 

(SCAQMD) Method 312-91, Determination of Percent Monomer in 

Polyester Resins, revised April 1996; or 

(b) Manufacturer’s formulation data. 

(2) In the event of a conflict between the monomer VOC content 

of any resin or gel coat indicated by the manufacturer’s formulation 

data and the results of a test using the method referenced in §D(1)(a) 

of this regulation, the test results shall be used for the purpose of 

determining compliance with this regulation. 

(3) A person meeting the alternative emission rates in §C(2) of 

this regulation shall compute the as-applied monomer VOC emission 

rate for the filled production resin or tooling resin, in kilograms 

monomer VOC per megagram of filled material, using the following 

equation: 

 PVF = PVu times (100 – Filler pct) 

 100 

Where 

PVF is the as-applied monomer VOC emission rate for the filled 

production resin or tooling resin, kilograms monomer VOC per 

megagram of filled material. 

PVu is the monomer VOC emission rate for the neat (unfilled) 

resin, before filler is added, as calculated using the formulas in the 

table in §D(4) of this regulation. 

Filler pct is the weight-percent of filler in the as-applied filled 

resin system. 

(4) The monomer VOC emission rate for the neat (unfilled) 

resin, before filler is added, PVu, shall be calculated using the 

formulas in the following table: 

Monomer VOC Emission Rate Formulas for Open Molding and Gel 

Coat Operations

Material Application Method Formula to 

Calculate

the Monomer VOC 

Emission

Rate1

Production resin or 

tooling resin

Atomized resin 

application

0.014 x (Resin 

VOC%)2.425

Atomized resin 

application, plus 

vacuum bagging 

with roll-out

0.01185 x (Resin 

VOC%)2.425

Atomized resin 

application, plus 

vacuum bagging 

without roll-out

0.00945 x (Resin 

VOC%)2.425

Nonatomized resin 

application

0.014 x (Resin 

VOC%)2.425

Nonatomized resin 

application plus 

vacuum bagging 

with roll-out

0.0110 x (Resin 

VOC%)2.275

Nonatomized resin 

application plus 

vacuum bagging 

without roll-out

0.0076 x (Resin 

VOC%)2.275

Pigmented gel coat, 

clear gel coat, 

tooling gel coat

All methods 0.445 x (Gel coat 

VOC%)1.675

1

 Where the resin VOC% is the monomer VOC content as 

supplied, expressed as a weight-percent value between 0 and 100 

percent. 

(5) A person meeting the alternative emission rates in §C(2)

shall demonstrate the as-applied non-monomer VOC content of 

resins and gel coats using the test method prescribed in COMAR 

26.11.19.02D(1), and for this purpose, resins and gel coats shall be 

considered coatings . 

(6) For the purpose of demonstrating that a cleanup material is 

a non-VOC cleanup material, a person shall: 

(a) Perform a test using the method prescribed in COMAR 

26.11.19.02D(1), where the cleanup material shall be considered a 

coating; and 

(b) Determine the composite vapor pressure of organiccompounds in a cleanup material using the calculation prescribed in 

COMAR 26.11.19.02E(3). 

E. Record Keeping. A person who owns or operates a fiberglass 

boat manufacturing facility subject to this regulation shall maintain 

for not less than 3 years, and shall make available to the Department 

upon request, records that provide the following information: 

(1) A description of each polyester or vinylester resin material 

used including: 

(a) The manufacturer’s name; 

(b) The type (e.g. production resin, production gel coat, 

tooling resin, tooling gel coat); 

(c) The amount of each of the polyester or vinylester resin 

materials used; 

(d) The weight (in percent) of monomer for each polyester 

resin materials and filler or fillers used; 
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MARYLAND REGISTER, VOLUME 42, ISSUE 13, FRIDAY, JUNE 26, 2015 

(e) The weight percent of VOC that is not monomer or the 

total weight percent of the VOC content; and 

(f) The type of application method used with each resin; 

(2) On a quarterly basis, the total weight and the monomer 

content and VOC content of each polyester and vinylester resin 

material; 

(3) On a quarterly basis, the total weight and the monomer 

content and VOC content of each polyester and vinylester resin 

material used under the exemption of §C(3)(a), including a 

description or identification (military specifications, 46 CFR 

Subchapter Q, or 46 CFR subchapter T) of the exemption; 

(4) On a monthly basis, the total weight, monomer content, and 

VOC content of each polyester and vinylester resin material used for 

closed molding under the exemption of §C(3)(d);

(5) On a monthly basis, the total weight, monomer content, and 

VOC content of each pure,100-percent vinylester resin used under 

the exemption of §C(3)(b);

(6) On a monthly basis, the total weight of all resins used; 

(7) On a monthly basis, the total weight of pure, 100-percent 

vinylester resins used under the exemption of §C(3)(b) over the 

preceding 12 months divided by total weight of all resins used over 

the preceding 12 months; 

(8) On a daily basis, the total weight, monomer content, and 

VOC content of each resin used for touch up and repair of parts or 

molds under the exemption of §C(3)(c); 

(9) For filled resins for which compliance is demonstrated 

under alternative compliance option of §C(2) of this regulation: 

(a) The total weight and non-monomer VOC content of each 

polyester and vinylester resin material used; and 

(b) The monomer emission rate computed in accordance 

with §D(3) of this regulation in kg monomer VOC per megagram of 

filled resin as applied. 

(10) On a monthly basis, the total clean-up materials used. 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Subtitle 12 RADIATION 

MANAGEMENT 

26.12.01 Radiation Protection 

Authority: Environment Article, §§8-106, 8-301, and 8-304, Annotated Code 

of Maryland 

Notice of Proposed Action 

[15-169-P-I]

The Secretary of the Environment proposes to amend Regulation 

.01 under COMAR 26.12.01 Radiation Protection.

Statement of Purpose 

The purpose of this action is to update COMAR 26.12.01.01, 

Incorporation by Reference, to include (a) one U.S. Nuclear 

Regulatory Commission regulation establishing additional security 

requirements for use and transport of risk significant quantities of 

radioactive material, (b) prohibition of use of a radiation machine 

prior to facility registration, and (c) miscellaneous corrections. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

Comments may be sent to Michael D. Kurman, Regulations 

Coordinator, Radiological Health Program, 1800 Washington 

Boulevard, Suite 750, Baltimore, Maryland 21230, or e-mail to 

michael.kurman@maryland.gov, or call 410-537-3208, or fax to 410-

537-3198. Comments will be accepted through July 27, 2015. A 

public hearing has not been scheduled. 

The proposed regulation may be viewed on the MDE Website at 

http://www.mde.state.md.us/programs/Air/RadiologicalHealth/Regul

ationsforControlofIonizingRadiation/Pages/Programs/AirPrograms/R

adiological_Health/Regulations/index.aspx, or at official depository 

libraries throughout the State. A listing of these depository libraries is 

available at http://www.dsd.state.md.us/Depositories.aspx or call 

410-974-2486 or 800-633-9657. 

Editor’s Note on Incorporation by Reference 

 Pursuant to State Government Article, §7-207, Annotated Code of 

Maryland, Regulations for the Control of Ionizing Radiation (1994), 

as amended by Supplements 1—26, has been declared a document 

generally available to the public and appropriate for incorporation by 

reference. For this reason, it will not be printed in the Maryland 

Register or the Code of Maryland Regulations (COMAR). Copies of 

this document are filed in special public depositories located 

throughout the State. A list of these depositories was published in 

42:1 Md. R. 9 (January 9, 2015), and is available online at 

www.dsd.state.md.us. The document may also be inspected at the 

office of the Division of State Documents, 16 Francis Street, 

Annapolis, Maryland 21401. 

.01 Incorporation by Reference. 

All provisions of the “Regulations for the Control of Ionizing 

Radiation (1994)” as amended by Supplement 1 through Supplement 

[25] 26 are incorporated by reference. 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Title 30 

MARYLAND INSTITUTE 

FOR EMERGENCY 

MEDICAL SERVICES 

SYSTEMS (MIEMSS) 

Subtitle 01 GENERAL 

30.01.02 Documents Incorporated by Reference 

Authority: Education Article, §13-516, Annotated Code of Maryland 

Notice of Proposed Action 

[15-134-P-I]

The Maryland State Emergency Medical Services Board proposes 

to amend Regulation .01 under COMAR 30.01.02 Documents 

Incorporated by Reference. This action was considered and 

approved by the State Emergency Medical Services Board at its 
FINAL ACTION ON REGULATIONS 

1229 

MARYLAND REGISTER, VOLUME 42, ISSUE 19, FRIDAY, SEPTEMBER 18, 2015 

Title 23 

BOARD OF PUBLIC WORKS 

Subtitle 03 PUBLIC SCHOOL 

CONSTRUCTION 

Notice of Final Action 

[15-152-F-I] 

On August 26, 2015, the Board of Public Works adopted: 

(1) Amendments to Regulations .05 and .06 under COMAR 

23.03.02 Administration of the Public School Construction 

Program;

(2) Amendments to Regulation .02 under COMAR 23.03.05 

Alternative Financing; and 

(3) New Regulations .01—.03 under a new chapter, COMAR 

23.03.06 Relocatable Classroom Indoor Environmental Quality 

Standards.

This action, which was proposed for adoption in 42:13 Md. R. 

846—847 (June 26, 2015), has been adopted as proposed. 

Effective Date: September 28, 2015. 

SHEILA McDONALD 

Executive Secretary 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 08 WATER POLLUTION 

Notice of Final Action 

[15-194-F] 

On September 3, 2015, the Secretary of the Environment adopted 

amendments to: 

(1) Regulation .01 under COMAR 26.08.03 Discharge 

Limitations; and 

(2) Regulation .01 under COMAR 26.08.04 Permits. 

This action, which was proposed for adoption in 42:14 Md. R. 

920—921 (July 10, 2015), has been adopted as proposed. 

Effective Date: September 28, 2015. 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.19 Volatile Organic Compounds from 

Specific Processes 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Final Action 

[15-148-F] 

On September 3, 2015, the Secretary of the Environment adopted 

amendments to Regulation .26 and new Regulation .26-1 under 

COMAR 26.11.19 Volatile Organic Compounds from Specific 

Processes. This action, which was proposed for adoption in 42:13 

Md. R. 848 — 852 (June 26, 2015), has been adopted as proposed. 

Effective Date: September 28, 2015.

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Title 33 

STATE BOARD OF 

ELECTIONS 

Subtitle 21 SPECIAL ELECTIONS BY 

MAIL 

33.21.01 Definitions; General Provisions 

Authority: Election Law Article, §§2-102, 9-501, and 9-506, Annotated Code 

of Maryland; 42 U.S.C. §1973ff-6 

Notice of Final Action 

[15-177-F] 

On August 27, 2015, the State Board of Elections adopted new 

Regulations .01—.03 under a new chapter, COMAR 33.21.01 

Definitions; General Provisions, under a new subtitle, Subtitle 21 

Special Elections by Mail. This action, which was proposed for 

adoption in 42:14 Md. R. 921—922 (July 10, 2015), has been 

adopted as proposed. 

Effective Date: September 28, 2015. 

LINDA H. LAMONE 

State Administrator of Elections 

Subtitle 21 SPECIAL ELECTIONS BY 

MAIL 

33.21.02 Request for Vote-by-Mail Ballot 

Authority: Election Law Article, §§2-102(b)(4), 9-501, 9-502, and 9-506, 

Annotated Code of Maryland 

Notice of Final Action 

[15-178-F] 

On August 27, 2015, the State Board of Elections adopted new 

Regulations .01 and .02 under a new chapter, COMAR 33.21.02 

Request for Vote-by-Mail Ballot, under a new subtitle, Subtitle 21 

Special Elections by Mail. This action, which was proposed for 

adoption in 42:14 Md. R. 922 (July 10, 2015), has been adopted as 

proposed. 

Effective Date: September 28, 2015. 

LINDA H. LAMONE 

State Administrator of Elections 
PROPOSED ACTION ON REGULATIONS 

217

MARYLAND REGISTER, VOLUME 43, ISSUE 2, FRIDAY, JANUARY 22, 2016 

H. Exceptions. 

(1) Exceptions shall be filed with the Board Secretary within 15 

days after the date of the proposed decision. 

(2) Exceptions shall be in writing and contain a concise 

statement as to each portion of the judge’s determination to which 

exception is taken and the asserted basis for the exception. 

(3) A party that refers to any evidence produced at the hearing 

before the judge shall identify the specific evidence in the party’s 

exceptions. 

(4) A party shall not submit additional evidence for 

consideration by the Board of Trustees. 

(5) A party may file with the Board Secretary a copy of the 

transcript of the full hearing, at that party’s expense, at the time of 

filing the exceptions. 

(6) A copy of the exceptions shall be served on all parties to the 

proceedings, their representatives, and the Board Secretary.]

.03 Judicial Review. 

A party who is aggrieved by a final decision of a judge is entitled 

to judicial review of the decision in accordance with State 

Government Article, §10-222, Annotated Code of Maryland. 

.04 Adjustment in Allowance. 

The Retirement Agency shall adjust the allowance of a retiree who 

is subsequently granted an ordinary disability retirement or an 

accidental disability retirement retroactively to the effective date of 

retirement. 

.05 Effect of Death Before Final Decision. 

If the applicant dies before the final decision on the applicant’s 

appeal for an ordinary disability retirement or an accidental 

disability retirement, or both, the claim shall terminate. Survivor 

benefits, if any, shall be paid in accordance with the selection made 

by the applicant for the retirement allowance granted and accepted 

before death. 

R. DEAN KENDERDINE 

Executive Director 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.39 Architectural and Industrial 

Maintenance (AIM) Coatings 

Authority: Environmental Article, §§1-404, 2-103 and 2-301—2-303, 

Annotated Code of Maryland 

Notice of Proposed Action 

[16-026-P-I]

The Secretary of the Environment proposes to adopt new Regulations 

.01—.08 under a new chapter, COMAR 26.11.39 Architectural and 

Industrial Maintenance (AIM) Coatings. 

Statement of Purpose 

The purpose of this action is to establish new volatile organic 

compound (VOC) content limits and standards for a variety of 

architectural and industrial maintenance (AIM) coatings made 

available for sale and use in Maryland. 

This action will be submitted to the U.S. Environmental Protection 

Agency (EPA) for approval as part of Maryland’s State 

Implementation Plan (SIP). 

Background 

In December 1999, the EPA informed Maryland and several other 

Northeastern and Mid-Atlantic states of the Ozone Transport Region 

(OTR) that their air quality plans did not provide for emission 

reductions sufficient to attain the 1997 ozone National Ambient Air 

Quality Standard (NAAQS) by 2005. In order to address shortfalls in 

achieving the 1997 ozone standard by 2005, Maryland promulgated 

several measures to achieve reductions of at least 13 tons per day of 

VOCs in the Baltimore Nonattainment Area. 

EPA stated that it would grant additional time to implement new 

measures if those states pursued regional strategies to control ozone 

and its precursors. In response to this EPA mandate, the Ozone 

Transport Commission (OTC) developed several VOC reduction 

measures that were formally supported by the OTC Commissioners 

in March 2001. 

One of the VOC reduction measures developed by a state-led 

workgroup was a model rule for AIM coatings, which was based 

upon existing rules developed by the California Air Resources Board 

(CARB). The model rule was developed to address VOC reduction 

needs in the OTR, and was based on an analysis and review of 

proposed coating limits and the availability of compliant coatings on 

the market. In 2004, the Maryland Department of the Environment 

(MDE) adopted COMAR 26.11.33 Architectural Coatings which 

established stringent VOC content limits for architectural and 

industrial coatings, established recordkeeping and container labeling 

requirements for manufactures of paints and coatings, and painting 

practices for the use and application of coatings. COMAR 26.11.33 is 

based on the model rule developed by the OTC. 

In 2011, the OTC developed the amended OTC model rule (AIM 

Phase II) in consultation with a state-led workgroup to replace the 

2001 AIM model rule. Phase II of the AIM model rule was developed 

for states that need additional VOC emission reductions for the 

attainment or maintenance of federal ambient air quality standards. 

The new proposed regulations are based on the OTC Phase II model 

rule. These proposed regulations, COMAR 26.11.39, update the 

current version of COMAR 26.11.33 Architectural Coatings by 

lowering the VOC content limits, creating new categories of coatings, 

and improving definitions for many coating categories. COMAR 

26.11.33 shall remain in effect until January 1, 2017. The Department 

will then formally repeal COMAR 26.11.33. 

Sources Affected and Location 

This action applies to any person that manufacturers, blends, thins, 

supplies, sells, offers for sale, repackages for sale, or applies 

architectural and industrial maintenance coatings in Maryland. This 

includes manufacturers and distributors of architectural and industrial 

coatings that are made available for sale and use in Maryland, 

painting contractors and government agencies specifying coatings. 

Requirements 

This action establishes the following VOC content limits and 

standards for architectural and industrial maintenance coatings: 

VOC Content Limits. All architectural and industrial coatings 

made available for sale and use in Maryland must meet specific VOC 

limits as specified in the regulation, minus water and exempt 

compounds. 
PROPOSED ACTION ON REGULATIONS 

218

MARYLAND REGISTER, VOLUME 43, ISSUE 2, FRIDAY, JANUARY 22, 2016 

Container Labeling Requirements. Manufacturers of architectural 

and industrial maintenance coatings that are sold, distributed, or 

made available for use are required to prominently display the 

following product information on the coating container or on the 

label affixed to the container: 

 The date the coating was manufactured, or a date code 

representing the date of manufacture (manufacturers 

must file an explanation of date codes with the 

Department); 

 Thinning recommendations; 

 VOC content; and 

 Specific labeling notifications for the following: 

 Faux finishing coatings, 

 Industrial maintenance coatings, 

 Rust preventive coatings, 

 Specialty primers, sealers, and undercoaters, 

 Non-flat – High gloss coatings, 

 Reactive penetrating sealers, 

 Reactive penetrating carbonate stone sealers, 

 Stone consolidants, 

 Wood coatings, and 

 Zinc rich primers. 

Except for certain categories listed in Regulation .04H, the 

requirements in this proposed regulatory action are effective January 

1, 2017. The specific categories of coatings listed in regulation .04H 

are new coating categories that were previously under the broader 

Industrial Maintenance Coating category. Beginning May 1, 2016, 

these specific categories shall be considered in compliance if the 

coating meets the applicable VOC limit and the other provisions of 

this proposed action. 

Expected Emissions Reductions 

Based upon the OTC Model Rule for AIM Coatings, the proposed 

regulations have an estimated statewide VOC emissions reduction 

potential of 6 percent from the AIM coatings category of the current 

2011 baseline emissions inventory. Based upon calculations and 

emissions estimates by the Department, Maryland’s 2018 projected 

emissions inventory indicates that VOC emissions from AIM 

coatings total 34 tons/day. The proposed regulations will reduce VOC 

emissions by 2.0 tons/day, through implementation of the coating 

limits and standards of these proposed regulations. 

Economic Impact on Affected Sources, the Department, other 

State Agencies, Local Government, other Industries or Trade Groups, 

the Public 

Businesses that supply resins, solvents, other ingredients and 

equipment to coating manufacturers may be potentially impacted by 

the new regulation. Companies – which include home improvement 

retailers, painting contractors, government agencies, and consumers 

who distribute, sell or use architectural and industrial maintenance 

coatings also may be potentially impacted by the new regulation. The 

Department believes that the implementation dates will give 

manufacturers the needed time to reformulate coatings, make 

coatings compliant with the VOC content limits and standards in the 

regulation available to the public, and update labeling. As the AIM 

standards are implemented in other states, the costs of compliance are 

expected to be reduced. 

There will be no additional impact on the Department as a result 

of this regulation. 

Comparison to Federal Standards 

In compliance with Executive Order 01.01.1996.03, this proposed 

regulation is more restrictive or stringent than corresponding federal 

standards as follows: 

(1) Regulation citation and manner in which it is more 

restrictive than the applicable federal standard: 

40 CFR Part 59, Subpart D - National Volatile Organic 

Compound Emission Standards for Architectural Coatings (1998) 

establishes nationwide VOC content limits and standards for 

architectural coatings. The applicable VOC content limits and 

standards in the proposed regulations are more stringent than those in 

the federal regulations cited above. 

(2) Benefit to the public health, safety or welfare, or the 

environment: 

Ground level ozone is produced when VOC and nitrogen 

oxides (NOx) react in the presence of heat and sunlight. The 

reduction of VOC’s contributes to the reduced formation of ozone. 

The public will benefit from the reduced presence of ground level 

ozone and its adverse health effects. 

(3) Analysis of additional burden or cost on the regulated 

person: 

Businesses that supply resins, solvents, other ingredients and 

equipment to coating manufacturers may be potentially impacted by 

the new regulation. Companies, which include home improvement 

retailers, painting contractors, government agencies, and consumers 

who distribute, sell or use architectural and industrial maintenance 

coatings also may be potentially impacted by the new regulation. The 

Department believes that the implementation dates will give 

manufacturers the needed time to reformulate coatings, make 

coatings compliant with the VOC content limits and standards in the 

regulation available to the public, and update labeling. As the AIM 

standards are implemented in other states, the costs of compliance are 

expected to be reduced. 

(4) Justification for the need for more restrictive standards: 

The federal Clean Air Act, 42 U.S.C. § 7401 et seq. requires 

EPA to establish health-based NAAQS to protect people with an 

“adequate margin of safety.” States are responsible for developing 

enforceable SIPs to meet the standards. This regulation is proposed 

pursuant to Maryland’s obligation under the Clean Air Act to attain 

and maintain the ozone NAAQS. The proposed regulations will be 

submitted to EPA as part of the Maryland SIP. 

Estimate of Economic Impact 

I. Summary of Economic Impact. The Department believes that 

the implementation dates will give manufacturers the needed time to 

reformulate coatings, make coatings compliant with the VOC content 

limits and standards in the regulation available to the public, and 

update labeling. As the AIM standards are implemented in other 

states, the costs of compliance are expected to be reduced. 

There is no small business in Maryland that has been identified to 

incur substantial economic impact as a result of the proposed action. 

Small businesses that purchase and use architectural and industrial 

maintenance coatings are likely to meet the standards at minimum 

cost. 

There is no expected impact to the Department, State or local 

government agencies as a result of this action. 

Revenue (R+/R-)

II. Types of Economic 

Impact.

Expenditure 

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State agencies: NONE

C. On local governments: NONE
PROPOSED ACTION ON REGULATIONS 

219

MARYLAND REGISTER, VOLUME 43, ISSUE 2, FRIDAY, JANUARY 22, 2016 

Benefit (+)

Cost (-) Magnitude

D. On regulated industries 

or trade groups: (-) Minimal

E. On other industries or 

trade groups: NONE

F. Direct and indirect 

effects on public: NONE

III. Assumptions. (Identified by Impact Letter and Number from 

Section II.)

D. Businesses that supply resins, solvents, other ingredients and 

equipment to coating manufacturers may be potentially impacted by 

the new regulation. Companies, which include: home improvement 

retailers, painting contractors, government agencies, and consumers 

who distribute, sell or use architectural and industrial maintenance 

coatings also may be potentially impacted by the new regulation. The 

Department believes that the implementation dates will give 

manufacturers the needed time to both reformulate coatings and make 

coatings compliant with the VOC content limits and standards in the 

regulation available to the public. As the AIM standards are 

implemented in other states, the costs of compliance are expected to 

be reduced. California already requires the compliance limits of this 

proposed regulation.

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on February 22, 2016 at 10:00 a.m. at the 

Department of the Environment, 1800 Washington Boulevard, 1st 

Floor Conference Rooms, Baltimore, Maryland 21230-1720. 

Interested persons are invited to attend and express their views. 

Comments may be sent to Mr. Randy Mosier, Chief of the Regulation 

Division, Air and Radiation Management Administration, 

Department of the Environment, 1800 Washington Boulevard, Suite 

730, Baltimore, Maryland 21230-1720, or email to 

randy.mosier@maryland.gov. Comments must be received no later 

than February 22, 2016 or be submitted at the hearing. For more 

information, call Randy Mosier at (410) 537-4488. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: 

• The Department of the Environment’s website at:

http://www.mde.state.md.us/programs/regulations/air/Pages/req

comments.aspx 

• The Air and Radiation Management Administration; and

• Regional offices of the Department in Cumberland and 

Salisbury. 

Anyone needing special accommodations at the public hearing 

should contact the Department’s Fair Practices Office at (410) 537-3964.

TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

Editor’s Note on Incorporation by Reference 

 Pursuant to State Government Article, §7-207, Annotated Code of 

Maryland, the following have been declared documents generally 

available to the public and appropriate for incorporation by reference: 

 (1) ASTM Test Method E119-08, “Standard Test Methods for Fire 

Tests of Building Construction and Materials”.

 (2) ASTM Test Method D523-89(1999), “Standard Test Method 

for Specular Gloss”. 

 (3) South Coast Air Quality Management District (SCAQMD) 

Method 318-95, “Determination of Weight Percent Elemental Metal 

in Coatings by X-Ray Diffraction”, (Approved July 1996) SCAQMD 

“Laboratory Methods of Analysis for Enforcement Samples”. 

 (4) ASTM Test Method D1613-06, “Standard Test Method for 

Acidity in Volatile Solvents and Chemical Intermediates Used in 

Paint, Varnish, Lacquer, and Related Products”. 

 (5) ASTM D3960-05 “Standard Practice for Determining Volatile 

Organic Compound (VOC) Content of Paints and Related Coatings”. 

 (6) Bay Area Air Quality Management District (BAAQMD) 

Method 43, “Determination of Volatile Methylsiloxanes in Solvent 

Based Coatings, Inks and Related Materials,” BAAQMD Manual of 

Procedures, Volume III, adopted November 6, 1996. 

 (7) BAAQMD Method 41 “Determination of Volatile Organic 

Compounds in Solvent Based Coatings and Related Materials 

Containing Parachlorobenzotrifluoride,” BAAQMD Manual of 

Procedures, Volume III, adopted December 20, 1995. 

(8) South Coast Air Quality Management District (SCAQMD) 

Method 303-91 “Determination of Exempt Compounds (Revised 

1993)”, SCAQMD Laboratory Methods of Analysis for Enforcement 

Samples. 

 (9) SCAQMD Method 304-91 “Determination of Volatile Organic 

Compounds (VOC) in Various Materials (Revised 1996)”, SCAQMD 

“Laboratory Methods of Analysis for Enforcement Samples”. 

 (10) ASTM D4082-02 “Standard Test Method for Effects of 

Gamma Radiation on Coatings for Use in Light-Water Nuclear 

Power Plants”. 

 (11) ASTM D3912-95(2001) “Standard Test Method for Chemical 

Resistance of Coatings Used in Light-Water Nuclear Power Plants”. 

 (12) ASTM D7088-04, “Standard Practice for Resistance to 

Hydrostatic Pressure for Coatings Used in Below Grade Applications 

Applied to Masonry”. 

 (13) ASTM D4585-99, “Standard Practice for Testing Water 

Resistance of Coatings Using Controlled Condensation”. 

 (14) ASTM D3359-02, “Standard Test Methods for Measuring 

Adhesion by Tape Test”. 

 (15) ASTM D3363-05, “Standard Test Method for Film Hardness 

by Pencil Test”. 

 (16) ASTM D4060-07, “Standard Test Methods for Abrasion 

Resistance of Organic Coatings by the Taber Abraser”. 

 (17) ASTM D714-02e1, “Standard Test Method for Evaluating 

Degree of Blistering of Paints”. 

 (18) ASTM C836-06, “Standard Specification for High Solids 

Content, Cold Liquid-Applied Elastomeric Waterproofing Membrane 

for Use with Separate Wearing Course”. 

 (19) ASTM D3273-00, “Standard Test Method for Resistance to 

Growth of Mold on the Surface of Interior Coatings in an 

Environmental Chamber”. 

 (20) ASTM D3274-95, “Standard Test Method for Evaluating 

Degree of Surface Disfigurement of Paint Films by Microbial 

(Fungal or Algal) Growth or Soil and Dirt Accumulation”. 

 (21) ASTM C67-07, “Standard Test Methods for Sampling and 

Testing Brick and Structural Clay Tile”. 

 (22) ASTM C97-02, “Standard Test Methods for Absorption and 

Bulk Specific Gravity of Dimension Stone”. 

 (23) ASTM C140-06, “Standard Test Methods for Sampling and 

Testing Concrete Masonry Units and Related Units”. 

 (24) ASTM E96/E96M-05, “Standard Test Method for Water 

Vapor Transmission of Materials”. 

 (25) National Cooperative Highway Research Report 244 (1981), 

“Concrete Sealers for the Protection of Bridge Structures”. 

 (26) ASTM E2167-01, “Standard Guide for Selection and Use of 

Stone Consolidants”. 
PROPOSED ACTION ON REGULATIONS 

220

MARYLAND REGISTER, VOLUME 43, ISSUE 2, FRIDAY, JANUARY 22, 2016 

 For this reason, they will not be printed in the Maryland Register 

or the Code of Maryland Regulations (COMAR). Copies of these 

documents are filed in special public depositories located throughout 

the State. A list of these depositories was published in 43:1 Md. R. 10 

(January 8, 2016), and is available online at www.dsd.state.md.us. 

These documents may also be inspected at the office of the Division 

of State Documents, 16 Francis Street, Annapolis, Maryland 21401. 

.01 Applicability and Exemptions. 

A. Except as provided in §B of this regulation, this chapter applies 

to a person who: 

(1) Supplies, sells, offers for sale, or manufactures an 

architectural coating for use within the State; or 

(2) Uses or applies an architectural coating within the State. 

B. This chapter does not apply to the following products: 

(1) Any architectural coating that is supplied, sold, offered for 

sale or manufactured for: 

(a) Use outside of the State; or 

(b) Shipment to other manufacturers for reformulation or 

repackaging. 

(2) Any aerosol coating product; or 

(3) An architectural coating that is sold in a container with a 

volume of 1 liter (1.057 quart) or less, including kits of containers of 

different colors, types, or categories of coatings and two component 

products. 

C. The exemption in §B(3) of this regulation does not include: 

(1) Bundling of containers 1 liter or less, which are sold 

together as a unit; or 

(2) Coatings with packaging or marketing which implies that 

multiple containers 1 liter or less be combined into one container. 

D. The exemption in §B(3) of this regulation includes multiple 

containers of 1 liter or less that are packaged and shipped together, 

but are sold individually. 

E. Except as provided in Regulation .04H of this chapter, this 

chapter is effective on January 1, 2017. 

.02 Test Methods—Incorporation by Reference. 

A. In this chapter, the following documents are incorporated by 

reference. 

B. Documents Incorporated. 

(1) Fire-Resistance Rating. The fire-resistance rating of a fireresistive coating shall be determined by ASTM Test Method E119-08, 

“Standard Test Methods for Fire Tests of Building Construction and 

Materials”. 

(2) Gloss Determination. The gloss of a coating shall be 

determined by ASTM Test Method D523-89(1999), “Standard Test 

Method for Specular Gloss”. 

(3) Metal Content of Coatings. The metallic content of a 

coating shall be determined by South Coast Air Quality Management 

District (SCAQMD) Method 318-95, “Determination of Weight 

Percent Elemental Metal in Coatings by X-Ray Diffraction”, 

(Approved July 1996) SCAQMD “Laboratory Methods of Analysis 

for Enforcement Samples”. 

(4) Acid Content of Coatings. The acid content of a coating 

shall be determined by ASTM Test Method D1613-06, “Standard Test 

Method for Acidity in Volatile Solvents and Chemical Intermediates 

Used in Paint, Varnish, Lacquer, and Related Products”. 

(5) Exempt Compounds—Siloxanes. Exempt compounds that 

are cyclic, branched, or linear, completely methylated siloxanes, 

shall be analyzed as exempt compounds by methods referenced in 

ASTM D3960-05 “Standard Practice for Determining Volatile 

Organic Compound (VOC) Content of Paints and Related Coatings”

or Bay Area Air Quality Management District (BAAQMD) Method 

43, “Determination of Volatile Methylsiloxanes in Solvent Based 

Coatings, Inks and Related Materials,” BAAQMD Manual of 

Procedures, Volume III, adopted November 6, 1996. 

(6) Exempt Compounds—Parachlorobenzotrifluoride 

(PCBTF). The exempt compound parachlorobenzotrifluoride, shall 

be analyzed by methods referenced in ASTM D3960-05 “Standard 

Practice for Determining Volatile Organic Compound (VOC) 

Content of Paints and Related Coatings” or BAAQMD Method 41 

“Determination of Volatile Organic Compounds in Solvent Based 

Coatings and Related Materials Containing 

Parachlorobenzotrifluoride,” BAAQMD Manual of Procedures, 

Volume III, adopted December 20, 1995. 

(7) Exempt Compounds. The content of compounds exempt 

under U.S. EPA Method 24 shall be analyzed by methods referenced 

in ASTM D3960-05 “Standard Practice for Determining Volatile 

Organic Compound (VOC) Content of Paints and Related Coatings”

or South Coast Air Quality Management District (SCAQMD) Method 

303-91 “Determination of Exempt Compounds (Revised 1993)”, 

SCAQMD Laboratory Methods of Analysis for Enforcement Samples. 

(8) VOC Content of Coatings. The VOC content of a coating 

shall be determined by U.S. EPA Method 24 as it exists in Appendix 

A-7 of 40 CFR Part 60, “Determination of Volatile Matter Content, 

Water Content, Density, Volume Solids, and Weight Solids of Surface 

Coatings”. 

(9) Alternative VOC Content of Coatings. The VOC content of 

coatings may be analyzed by either U.S. EPA Method 24 as it exists 

in Appendix A-7 of 40 CFR Part 60, “Determination of Volatile 

Matter Content, Water Content, Density, Volume Solids, and Weight 

Solids of Surface Coatings” or SCAQMD Method 304-91 

“Determination of Volatile Organic Compounds (VOC) in Various 

Materials (Revised 1996)”, SCAQMD “Laboratory Methods of 

Analysis for Enforcement Samples”. 

(10) Methacrylate Traffic Marking Coatings. The VOC content 

of methacrylate multicomponent coatings used as traffic marking 

coatings shall be analyzed by the procedures in 40 CFR Part 59, 

Subpart D, Appendix A, “Determination of Volatile Matter Content 

of Methacrylate Multicomponent Coatings Used as Traffic Marking 

Coatings”. 

(11) Radiation Resistance—Nuclear Coatings. The radiation 

resistance of a nuclear coating shall be determined by ASTM D4082-

02 “Standard Test Method for Effects of Gamma Radiation on 

Coatings for Use in Light-Water Nuclear Power Plants”

(12) Chemical Resistance—Nuclear Coatings. The chemical 

resistance of nuclear coatings shall be determined by ASTM D3912-

95(2001) “Standard Test Method for Chemical Resistance of 

Coatings Used in Light-Water Nuclear Power Plants”. 

(13) Hydrostatic Pressure for Basement Specialty Coatings. 

The hydrostatic pressure resistance for basement specialty coatings 

shall be analyzed using ASTM D7088-04, “Standard Practice for 

Resistance to Hydrostatic Pressure for Coatings Used in Below 

Grade Applications Applied to Masonry”. 

(14) Tub and Tile refinishing Coating Adhesion. The adhesion 

of tub and tile coating shall be determined by ASTM D4585-99, 

“Standard Practice for Testing Water Resistance of Coatings Using 

Controlled Condensation” and ASTM D3359-02, “Standard Test 

Methods for Measuring Adhesion by Tape Test”. 

(15) Tub and Tile Refinish Coating Hardness. The hardness of 

tub and tile refinish coating shall be determined by ASTM D3363-05, 

“Standard Test Method for Film Hardness by Pencil Test”. 

(16) Tub and Tile Refinish Coating Abrasion Resistance. 

Abrasion resistance of tub and tile refinish coating shall be analyzed 

by ASTM D4060-07, “Standard Test Methods for Abrasion 

Resistance of Organic Coatings by the Taber Abraser”. 

(17) Tub and Tile Refinish Coating Water Resistance. Water 

resistance of tub and tile refinish coatings shall be determined by 

ASTM D4585-99, “Standard Practice for Testing Water Resistance 
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of Coatings Using Controlled Condensation” and ASTM D714-02e1, 

“Standard Test Method for Evaluating Degree of Blistering of 

Paints”. 

(18) Waterproofing Membrane. Waterproofing membrane shall 

be tested by ASTM C836-06, “Standard Specification for High Solids 

Content, Cold Liquid-Applied Elastomeric Waterproofing Membrane 

for Use with Separate Wearing Course”. 

(19) Mold and Mildew Growth for Basement Specialty 

Coatings. Mold and mildew growth resistance for basement specialty 

coatings shall be determined by ASTM D3273-00, “Standard Test 

Method for Resistance to Growth of Mold on the Surface of Interior 

Coatings in an Environmental Chamber” and ASTM D3274-95, 

“Standard Test Method for Evaluating Degree of Surface 

Disfigurement of Paint Films by Microbial (Fungal or Algal) Growth 

or Soil and Dirt Accumulation”. 

(20) Reactive Penetrating Sealer Water Repellency. Reactive 

penetrating sealer water repellency shall be analyzed by ASTM C67-

07, “Standard Test Methods for Sampling and Testing Brick and 

Structural Clay Tile”; or ASTM C97-02, “Standard Test Methods for 

Absorption and Bulk Specific Gravity of Dimension Stone”; or ASTM 

C140-06, “Standard Test Methods for Sampling and Testing 

Concrete Masonry Units and Related Units”. 

(21) Reactive Penetrating Sealer Water Vapor Transmission. 

Reactive penetrating sealer water vapor transmission shall be 

analyzed ASTM E96/E96M-05, “Standard Test Method for Water 

Vapor Transmission of Materials”. 

(22) Reactive Penetrating Sealer - Chloride Screening 

Applications. Reactive penetrating sealers shall be analyzed by 

National Cooperative Highway Research Report 244 (1981), 

“Concrete Sealers for the Protection of Bridge Structures”. 

(23) Stone Consolidants. Stone consolidants shall be tested 

using ASTM E2167-01, “Standard Guide for Selection and Use of 

Stone Consolidants”. 

.03 Definitions. 

A. In this chapter, the following terms have the meanings 

indicated. 

B. Terms Defined. 

(1) “Adhesive” means a chemical substance that is applied for 

the purpose of bonding two surfaces together other than by 

mechanical means. 

(2)”Aerosol coating product” means a pressurized coating 

product containing pigments or resins that: 

(a) Dispenses product ingredients by means of a propellant; 

and

(b) Is packaged in a disposable can for handheld 

application, or for use in specialized equipment for ground 

traffic/marking applications. 

(3) “Aluminum roof coating” means a coating labeled and 

formulated exclusively for application to roofs and containing at 

least 84 grams of elemental aluminum pigment per liter of coating (at 

least 0.7 pounds per gallon). 

(4) Appurtenance. 

(a) “Appurtenance” means an accessory to a stationary 

structure that is coated at the site of installation, whether installed or 

detached. 

(b) “Appurtenance” includes: 

(i) Bathroom and kitchen fixtures; 

(ii) Cabinets; 

(iii) Concrete forms; 

(iv) Doors; 

(v) Elevators; 

(vi) Fences; 

(vii) Hand railings; 

(viii) Heating equipment, air conditioning equipment, 

and other fixed mechanical equipment or stationary tools; 

(ix) Lampposts; 

(x) Partitions; 

(xi) Pipes and piping systems; 

(xii) Rain gutters and downspouts; 

(xiii) Stairways; 

(xiv) Fixed ladders; 

(xv) Catwalks and fire escapes; and 

(xvi) Window screens. 

(5) Architectural Coating. 

(a) “Architectural coating” means a coating to be applied 

to: 

(i) Stationary structures or their appurtenances at the site 

of installation; 

(ii) Portable buildings at the site of installation; 

(iii) Pavements; or 

(iv) Curbs. 

(b) “Architectural coating” does not include: 

(i) Coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, railcars, or 

automobiles; or 

(ii) Adhesives. 

(6) “Basement specialty coating” means a clear or opaque 

coating that: 

(a) Is labeled and formulated for application to concrete 

and masonry surfaces to provide a hydrostatic seal for basements 

and other below-grade surfaces; 

(b) Is capable of withstanding at least 10 psi of hydrostatic 

pressure; 

(c) Is resistant to mold and mildew growth; and 

(d) Achieves a microbial growth rating of 8 or more. 

(7) “Bituminous roof coating” means a coating that: 

(a) Incorporates bitumens; 

(b) Is labeled and formulated exclusively for roofing; and 

(c) Is intended for the primary purpose of preventing water 

penetration. 

(8) “Bituminous roof primer” means a primer that: 

(a) Incorporates bitumens; 

(b) Is labeled and formulated exclusively for roofing; and 

(c) Is intended for one of the following purposes: 

(i) Preparing a weathered or aged surface; or 

(ii) Improving the adhesion of subsequent surfacing 

components. 

(9) “Bond breaker” means a coating labeled and formulated 

for application between layers of concrete to prevent a freshly poured 

top layer of concrete from bonding to the layer over which it is 

poured. 

(10) “Calcimine recoater” means a flat solvent borne coating 

formulated and recommended specifically for recoating calciminepainted ceilings and other calcimine-painted substrates. 

(11) Coating. 

(a) “Coating” means a material applied onto or 

impregnated into a substrate for protective, decorative, or functional 

purposes. 

(b) “Coating” includes paints, varnishes, sealers, and 

stains. 

(12) “Colorant” means a concentrated pigment dispersion in 

water, solvent, or binder that is added to an architectural coating to 

produce a desired color. 

(13) “Concrete curing compound” means a coating labeled 

and formulated for application to freshly poured concrete to perform 

one or more of the following functions: 

(a) Retard the evaporation of water; or 
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(b) Harden or dustproof the surface of freshly poured 

concrete. 

(14) “Concrete/masonry sealer” means a clear or opaque 

coating that is labeled and formulated primarily for application to 

concrete and masonry surfaces to perform one or more of the 

following functions: 

(a) Prevent penetration of water; 

(b) Provide resistance against abrasion, alkalis, acids, 

mildew, staining, or ultraviolet light; or 

(c) Harden or dustproof the surface of aged or cured 

concrete. 

(15) “Concrete surface retarder” means a mixture of retarding 

ingredients such as extender pigments, primary pigments, resin, and 

solvent that interact chemically with the cement to prevent hardening 

on the surface where the retarder is applied, allowing the retarded 

mix of cement and sand at the surface to be washed away to create an 

exposed aggregate finish. 

(16) Conjugated oil varnish. 

(a) “Conjugated oil varnish” means a clear or semitransparent wood coating that: 

(i) Is labeled as such; 

(ii) Is based on a natural occurring conjugated vegetable 

oil (tung oil) and modified with other natural or synthetic resins, with 

a minimum of 50 percent of the resins solids consisting of conjugated 

oil; 

(iii) Is supplied as a single component that penetrates 

and seals the wood; 

(iv) Results in film formation due to polymerization of the 

oil; and 

(v) Contains small amounts of pigment to control the 

final gloss or sheen. 

(b) “Conjugated oil varnish” does not include lacquers or 

shellacs. 

(17) “Conversion varnish” means a clear acid curing coating 

with an alkyd, or other resin blended with amino resins that: 

(a) Is supplied as a single component or two-component 

product designed for professional application to wood flooring to 

produce a hard, durable, clear finish; and 

(b) Results in a film formation from an acid-catalyzed 

condensation reaction, affecting a transetherification of the reactive 

ethers of the amino resins. 

(18) “Driveway sealer” means a coating labeled and 

formulated for application to worn asphalt driveway surfaces to 

perform one or more of the following functions: 

(a) Fill cracks; 

(b) Seal the surface to provide protection; or 

(c) Restore or preserve the appearance. 

(19) “Dry fog coating” means a coating labeled and 

formulated only for spray application such that overspray droplets 

dry before subsequent contact with incidental surfaces in the vicinity 

of the surface coating activity. 

(20) “Exempt compound” means a compound identified as 

exempt under the definition of volatile organic compound (VOC) 

under COMAR 26.11.01.01B(53). 

(21) “Faux finishing coating” means a coating labeled and 

formulated to meet one or more of the following criteria: 

(a) A glaze or textured coating used to create artistic effects, 

including: 

(i) Dirt; 

(ii) Suede; 

(iii) Old age; 

(iv) Smoke damage; 

(v) Simulated marble; and 

(vi) Wood grain; 

(b) A decorative coating used to create a metallic, 

iridescent, or pearlescent appearance that contains at least 48 grams 

of pearlescent mica pigment or other iridescent pigment per liter of 

coating as applied (at least 0.4 pounds per gallon); 

(c) A decorative coating used to create a metallic 

appearance that contains less than 48 grams of elemental metallic 

pigment per liter of coating as applied (less than 0.4 pounds per 

gallon); 

(d) A decorative coating used to create a metallic 

appearance that: 

(i) Contains greater than 48 grams of elemental metallic 

pigment per liter of coating as applied (greater than 0.4 pounds per 

gallon); or 

(ii) Requires a clear topcoat to prevent the degradation 

of the finish under normal use conditions. 

(e) A clear topcoat sold and used solely as part of a faux 

finishing coating system to seal and protect a faux finishing coating 

that meets one or more of the requirements in §B(21)(a)—(d) of this 

regulation. 

(22) Fire-Resistive Coating. 

(a) “Fire-resistive coating” means a coating that has been 

labeled and formulated to protect structural integrity by increasing 

the fire endurance of interior or exterior structural materials. 

(b) “Fire-resistive coating” includes sprayed fire resistive 

materials and intumescent fire coatings that are used to bring 

structural materials into compliance with federal, state, and local 

building code requirements. 

(23) “Flat coating” means a coating that is not defined under 

any other definition in this regulation and that registers a gloss of 

less than 15 on an 85-degree meter or less than 5 on a 60-degree 

meter. 

(24) “Floor coating” means an opaque coating that is labeled 

and formulated for application to flooring such as decks, porches, 

steps, garage floors and other horizontal surfaces that may be 

subjected to foot traffic. 

(25) “Form-release coating” means a coating labeled and 

formulated for application to a form to prevent freshly poured 

concrete from bonding to the form. 

(26) Graphic Arts Coating (Sign Paint). 

(a) “Graphic arts coating (sign paint)” means a coating 

labeled and formulated for hand-application, using brush, airbrush, 

or roller techniques to one or more of the following: 

(i) Indoor and outdoor signs; and 

(ii)Murals. 

(b) “Graphic arts coating (sign paint)” includes letter 

enamels, poster colors, copy blockers, and bulletin enamels. 

(c) “Graphic arts coating (sign paint)” does not include 

coatings applied to structural components. 

(27) “High-temperature coating” means a high performance 

coating labeled and formulated for application to substrates exposed 

continuously or intermittently to temperatures above 204°C (400°F). 

(28) “Impacted immersion coating” means a high performance 

maintenance coating that is: 

(a) Formulated and recommended for application to steel 

structures subject to immersion in turbulent, debris-laden water; and 

(b) Specifically resistant to high-energy impact damage 

caused by floating ice or debris. 

(29) Industrial Maintenance Coating. 

(a) “Industrial maintenance coating” means a high 

performance architectural coating formulated for application to 

substrates exposed to one or more of the following extreme 

environmental conditions: 

(i) Immersion in water, wastewater, chemical solutions 

(aqueous and non-aqueous solutions), or chronic exposures of 

interior surfaces to moisture condensation; 
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(ii) Acute or chronic exposure to corrosive, caustic, or 

acidic agents, or to chemicals, chemical fumes, or chemical mixtures 

or solutions; 

(iii) Frequent exposure to temperatures above 121°C 

(250°F) 

(iv) Frequent and heavy abrasion, including mechanical 

wear and scrubbing with industrial solvents, cleansers, or scouring 

agents; or 

(v) Exterior exposure of metal structures and structural 

components. 

(b)”Industrial maintenance coating includes primers, 

sealers, undercoaters, intermediate coats, and topcoats. 

(30) “Low-solids coating” means a coating containing 0.12 

kilogram or less of solids per liter (1 pound or less of solids per 

gallon) of coating material as recommended for application by the 

manufacturer. 

(31) “Magnesite cement coating” means a coating labeled and 

formulated for application to magnesite cement decking to protect the 

magnesite cement substrate from erosion by water. 

(32) “Mastic texture coating” means a coating: 

(a) Labeled and formulated to cover holes and minor cracks 

and to conceal surface irregularities; and 

(b) Applied in a single coat of at least 10 mils (0.010 inch) 

dry film thickness. 

(33) “Metallic pigmented coating” means a coating labeled 

and formulated to provide a metallic appearance that contains at 

least 48 grams of elemental metallic pigment (excluding zinc) per 

liter of coating as applied (0.4 pounds per gallon). 

(34) “Multi-color coating” means a coating that is: 

(a) Packaged in a single container; and 

(b) Labeled and formulated to exhibit more than one color 

when applied in a single coat. 

(35) “Non-flat coating” means a coating that: 

(a) Is not defined under any other definition in this 

regulation; and 

(b) Registers a gloss of 15 or greater on an 85-degree meter 

and 5 or greater on a 60-degree meter. 

(36) “Non-flat—high gloss coating” means a non-flat coating 

that registers a gloss of 70 or greater on a 60-degree meter. 

(37) “Nuclear coating” means a protective coating that: 

(a) Is formulated and recommended to seal porous surfaces 

that otherwise would be subject to intrusion by radioactive materials; 

(b) Is resistant to long-term (service life) cumulative 

radiation exposure; 

(c) Is relatively easy to decontaminate; and 

(d) Is resistant to various chemicals to which the coatings 

are likely to be exposed. 

(38) “Post-consumer coating” means finished coatings 

generated by a business or consumer that have served their intended 

end uses, and are recovered from or otherwise diverted from the 

waste stream for the purpose of recycling. 

(39) “Pre-treatment wash primer” means a primer that: 

(a) Contains a minimum of 0.5 percent acid, by weight; and 

(b) Is labeled and formulated for application directly to bare 

metal surfaces to provide corrosion resistance and promote adhesion 

of subsequent topcoats. 

(40) “Primer, sealer, and undercoater” means a coating 

labeled and formulated for one or more of the following purposes: 

(a) To provide a firm bond between the substrate and 

subsequent coatings; 

(b) To prevent subsequent coatings from being absorbed by 

the substrate; 

(c) To prevent harm to subsequent coatings by materials in 

the substrate; 

(d) To provide a smooth surface for the subsequent 

application of coatings; 

(e) To provide a clear finish coat to seal the substrate; or 

(f) To block materials from penetrating into or leaching out 

of a substrate. 

(41) Reactive penetrating sealer. 

(a) “Reactive penetrating sealer” means a clear or 

pigmented coating that is labeled and formulated for application to 

above-grade concrete and masonry substrates to provide protection 

from water and waterborne contaminants, including: 

(i) Alkalis; 

(ii) Acids; and 

(iii) Salts. 

(b) “Reactive penetrating sealers” meet the following 

criteria: 

(i) Penetrate into concrete and masonry substrates and 

chemically react to form covalent bonds with naturally occurring 

minerals in the substrate; 

(ii) Line the pores of concrete and masonry substrates 

with a hydrophobic coating, but do not form a surface film; 

(iii) Improve water repellency at least 80 percent after 

application on a concrete or masonry substrate as verified on 

standardized test specimens; and 

(iv) Do not reduce the water vapor transmission rate by 

more than 2 percent after application on a concrete or masonry 

substrate. 

(c) “Reactive penetrating sealers” labeled and formulated 

for vehicular traffic surface chloride screening applications shall 

meet the performance criteria listed in the National Cooperative 

Highway Research Report 244 (1981). 

(42) Reactive Penetrating Carbonate Stone Sealer. 

(a) “Reactive penetrating carbonate stone sealer” means a 

clear or pigmented coating that is labeled and formulated for 

application to above-grade carbonate stone substrates to provide 

protection from water and waterborne contaminants, including: 

(i) Alkalis; 

(ii) Acids; and 

(iii) Salts. 

(b) “Reactive penetrating sealers” meet the following 

criteria: 

(i) Penetrate into carbonate stone substrates and 

chemically reacts to form covalent bonds with naturally occurring 

minerals in the substrate; 

(ii) Line the pores of carbonate stone substrates with a 

hydrophobic coating, but do not form a surface film; 

(iii) Improve water repellency at least 80 percent after 

application on a carbonate stone substrate; and 

(iv) Do not reduce the water vapor transmission rate by 

more than 10 percent after application on a carbonate stone 

substrate. 

(43) “Recycled coating” means an architectural coating 

formulated so that it contains a minimum of 50 percent by volume 

post-consumer coating, with a maximum of 50 percent secondary 

industrial materials or virgin materials. 

(44)”Roof coating” means a non-bituminous coating labeled 

and formulated for application to roofs for the primary purpose of 

preventing water penetration, reflecting ultraviolet light, or reflecting 

solar radiation. 

(45) Rust Preventive Coating. 

(a) “Rust preventive coating” means a coating formulated 

to prevent the corrosion of metal surfaces for one or more of the 

following applications: 

(i) Direct-to-metal coating; or 

(ii) Coating intended for application over rusty, 

previously coated surfaces. 
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(b) “Rust preventive coating” does not include: 

(i) Coatings that are required to be applied as a topcoat 

over a primer; or 

(ii) Coatings that are intended for use on wood or any 

other nonmetallic surface. 

(46) “Secondary industrial materials” means products or byproducts of the paint manufacturing process that are of known 

composition and have economic value but can no longer be used for 

their intended purpose. 

(47) “Shellac” means a clear or opaque coating formulated 

solely with the resinous secretions of the Lac beetle (Laciffer lacca), 

and formulated to dry by evaporation without a chemical reaction. 

(48) “Shop application” means application of a coating to a 

product or a component of a product in or on the premises of a 

factory or a shop as part of a manufacturing, production, or 

repairing process (e.g. original equipment manufacturing coatings). 

(49) “Specialty primer, sealer, and undercoater” means a 

coating that is formulated for application to a substrate to block 

water-soluble stains resulting from: 

(a) Fire damage; 

(b) Smoke damage; or 

(c) Water damage. 

(50) “Stain” means a semi-transparent, or opaque coating 

labeled and formulated to change the color of a surface, but not 

conceal the grain pattern or texture. 

(51) “Stone consolidant” means a coating that: 

(a) Is labeled and formulated for application to stone 

substrates to repair structures that have been damaged by 

weathering or other decay mechanisms; and 

(b) Penetrates into stone substrates to create bonds between 

particles and consolidate deteriorated material. 

(52) Swimming Pool Coating. 

(a) “Swimming pool coating” means a coating labeled and 

formulated to coat the interior of swimming pools and to resist 

swimming pool chemicals. 

(b) “Swimming pool coating” includes coatings used for 

swimming pool repair and maintenance. 

(53) “Thermoplastic rubber coating and mastic” means a 

coating or mastic that: 

(a) Is formulated and recommended for application to 

roofing or other structural surfaces; and 

(b) Incorporates no less than 40 percent by weight of 

thermoplastic rubbers in the total resin solids. 

(54) “Tint base” means colorant which is added to an 

architectural coating. 

(55) “Traffic marking coating” means a coating labeled and 

formulated for marking and striping streets, highways, or other 

traffic surfaces such as curbs, berms, driveways, parking lots, 

sidewalks, and airport runways. 

(56) “Tub and tile refinish coating” means a clear or opaque 

coating that: 

(a) Is labeled and formulated exclusively for refinishing the 

surface of a bathtub, shower, sink, or countertop; 

(b) Has a scratch hardness of 3H or harder and a gouge 

hardness of 4H or harder that is determined on bonderite 1000; 

(c) Has a weight loss of 20 milligrams or less after 1000 

cycles determined with CD-17 wheels on bonderite 1000; 

(d) Withstands 1000 hours or more of exposure with few or 

no #8 blisters that is determined on unscribed borderite; and 

(e) Has an adhesion rating of 4B or better after 24 hours of 

recovery that is determined on inscribed bonderite. 

(57) “VOC actual” means the weight of VOC per volume of 

coating, including water and exempt compounds. 

(58) VOC Content. 

(a) “VOC content” means the weight of VOC per volume of 

coating and is VOC regulatory for all coatings except those in the 

low solids category. 

(b) “VOC content” includes the following: 

(i) The VOCs emitted during curing if the coating 

contains silanes, siloxanes, or other ingredients that generate ethanol 

or other VOCs during the curing process; and 

(ii) The maximum amount of thinning solvent 

recommended by the manufacturer. 

(59) “VOC regulatory” means the weight of VOC per volume 

of coating, less the volume of water and exempt compounds. 

(60) Waterproofing Membrane. 

(a) “Waterproofing membrane” means a clear or opaque 

coating that is labeled and formulated for application to concrete and 

masonry surfaces to provide a seamless waterproofing membrane 

that prevents any penetration of liquid water into the substrate. 

(b) “Waterproofing membrane” is intended for one or more 

of the following waterproofing applications: 

(i) Below-grade surfaces; 

(ii) Between concrete slabs; 

(iii) Inside tunnels; 

(iv) Inside concrete planners; or 

(v) Under flooring materials.

(c) “Waterproofing membrane” is applied in a single coat 

of at least 25 mils (at least 0.025 inch) dry film thickness. 

(d) “Waterproofing membrane” does not include topcoats 

that are included in the concrete masonry sealer category. 

(61) Wood Coatings. 

(a) “Wood coatings” means coatings labeled and 

formulated for application to wood substrates only. 

(b) “Wood coatings” includes the following clear and 

semitransparent coatings: 

(i) Lacquers; 

(ii) Varnishes; 

(iii) Sanding sealers; 

(iv) Penetrating oils; 

(v) Clear stains; 

(vi) Wood conditioners used as undercoats; and 

(vii) Wood sealers used as topcoats. 

(c) “Wood coatings” also includes the following opaque 

wood coatings: 

(i) Opaque lacquers; 

(ii) Opaque sanding sealers; and 

(iii) Opaque lacquer undercoaters. 

(d) “Wood coatings” does not include the following: 

(i) Clear sealers that are labeled and formulated for use 

on concrete/masonry surfaces; or 

(ii) Coatings intended for substrates other than wood. 

(62) “Wood preservative” means a coating that: 

(a) Is labeled and formulated to protect exposed wood from 

decay or insect attack; and 

(b) Registered with both the U.S. EPA under the Federal 

Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §136 et seq.) 

and with the State. 

(63) Wood Substrate. 

(a) “Wood substrate” means a substrate made of wood, 

particleboard, plywood, medium density fiberboard, rattan, wicker, 

bamboo, or composite products with exposed wood grain. 

(b) “Wood substrate” does not include items comprised of 

simulated wood. 

(64) “Zinc-rich primer” means a coating that: 

(a) Contains at least 65 percent metallic zinc powder or zinc 

dust by weight of total solids; and 
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(b) Is formulated for application to metal substrates to 

provide a firm bond between the substrate and subsequent 

applications of coatings. 

.04 General Requirements and Standards. 

A. VOC Content Limits. 

(1) Except as provided in this regulation, a person may not 

manufacture, blend, repackage for sale, supply, sell, offer for sale, or 

apply within the State an architectural coating with a VOC content in 

excess of the corresponding limit specified in Regulation .05 of this 

chapter. 

(2) Limits are expressed as VOC content, thinned to the 

manufacturer’s maximum thinning recommendation, excluding any 

colorant added to tint bases. 

B. Most Restrictive VOC Limit. If anywhere on the container of an 

architectural coating, label or sticker affixed to the container, or in 

any sales, advertising, or technical literature supplied by a 

manufacturer or anyone acting on behalf of a manufacturer, any 

representation is made that indicates that the coating meets the 

definition of or is recommended for use for more than one of the 

coating categories listed in Regulation .05 of this chapter, then the 

most restrictive VOC content limit applies. 

C. The provisions of §B of this regulation do not apply to the 

following coating categories: 

(1) Aluminum roof coatings; 

(2) Bituminous roof primers; 

(3) High-temperature coatings; 

(4) Industrial maintenance coatings; 

(5) Low-solids coatings; 

(6) Metallic pigmented coatings; 

(7) Pretreatment wash primers; 

(8) Shellacs; 

(9) Specialty primers, sealers, and undercoaters; 

(10) Wood coatings; 

(11) Wood preservatives; 

(12) Zinc-rich primers 

(13) Calcimine recoaters; 

(14) Impacted immersion coatings; 

(15) Nuclear coatings; 

(16) Thermoplastic rubber coatings and mastic; and 

(17) Concrete surface retarders. 

D. Sell-Through of Coatings. 

(1) A coating manufactured before the effective date of January 

1, 2017, that complied with the standards in effect at the time the 

coating was manufactured may be sold, supplied, or offered for sale 

until January 1, 2020. 

(2) A coating that complies with the standards in effect in this 

State at the time of manufacture may be applied at any time. 

(3) The provisions of this section do not apply to a coating that 

does not display a date or date code representing the date of 

manufacture. 

(4) Notwithstanding §D(2), a person may not apply any rust 

preventative coating manufactured before January 1, 2017 for 

industrial use, unless such a rust preventative coating complies with 

the industrial maintenance coating limit specified in Regulation .05 

of this chapter. 

E. Painting Practices. 

(1) All architectural coating containers used to apply the 

contents therein to a surface by pouring, siphoning, brushing, rolling, 

padding, ragging, or other means, shall be closed when not in use. 

(2) Architectural coatings containers include, but are not 

limited to drums, buckets, cans, pails, trays, or other application 

containers. 

(3) Containers of any VOC-containing materials used for 

thinning and cleanup shall also be closed when not in use. 

F. Thinning. A person may not apply any architectural coating if 

the coating is thinned to exceed the applicable VOC limit specified in 

Table 1 of Regulation .05 of this chapter. 

G. Coatings Not Listed in Regulation .05. A coating that does not 

meet the definitions for the specialty coatings categories listed in 

Regulation .05 of this chapter is subject to the VOC content limit for 

either a flat, non-flat, or non-flat high gloss coating based on its 

gloss as determined in Regulation .02B(2) of this chapter. 

H. New Coatings Categories. Beginning May 1, 2016, the 

following new coatings categories shall be considered in compliance 

if the coating meets the applicable VOC limit specified in Table 1 of 

Regulation .05 of this chapter and the other provisions of this 

chapter: 

(1)Aluminum roof coatings; 

(2) Basement specialty coatings; 

(3) Concrete/masonry sealers; 

(4) Conjugated oil varnish; 

(5) Driveway sealers; 

(6) Reactive penetrating sealer;

(7)) Reactive penetrating carbonate stone sealers; 

(8) Stone consolidant; 

(9) Tub and tile refinishing coating; 

(10) Waterproofing membranes; 

(11) Wood coatings; and 

(12) Zinc-rich primers. 

.05 VOC Content Limits. 

Table 1. VOC Content Limits for Architectural and Industrial 

Maintenance Coatings. 

Coating Category VOC Content Limit 

(grams per liter)

Flat coatings 50

Non-flat coatings 100

Non-flat—high gloss coatings 150

Specialty coatings:

Aluminum roof coatings 450

Basement specialty coatings 400

Bituminous roof coatings 270

Bituminous roof primers 350

Bond breakers 350

Calcimine recoater 475

Concrete curing compounds 350

Concrete/masonry sealers 100

Concrete surface retarders 780

Conjugated oil varnish 450

Conversion varnish 725

Driveway sealers 50

Dry fog coatings 150

Faux finishing coatings 350

Fire-resistive coatings 350

Floor coatings 100

Form-release coatings 250

Graphic arts coatings (Sign paints) 500

High-temperature coatings 420

Impacted immersion coatings 780

Industrial maintenance coatings 250

Low-solids coatings 120

Magnesite cement coatings 450

Mastic texture coatings 100

Metallic pigmented coatings 500

Multi-color coatings 250

Nuclear coatings 450
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MARYLAND REGISTER, VOLUME 43, ISSUE 2, FRIDAY, JANUARY 22, 2016 

Pre-treatment wash primers 420

Primers, sealers, and undercoaters 100

Reactive penetrating sealers 350

Reactive penetrating carbonate stone 

sealers

500

Recycled coatings 250

Roof coatings 250

Rust preventative coatings 250

Shellacs:

Clear 730

Opaque 550

Specialty primers, sealers, and 

undercoaters

100

Stains 250

Stone consolidant 450

Swimming pool coatings 340

Thermoplastic rubber coatings and mastic 550

Traffic marking coatings 100

Tub and tile refinish coatings 420

Waterproofing membranes 250

Wood coatings 275

Wood preservatives 350

Zinc-rich primers 340

.06 Container Labeling Requirements. 

A. A person who manufactures an architectural coating subject to 

this chapter shall display the information listed in this regulation on 

the coating container or container label in which the coating is sold 

or distributed. 

B. Date Code. 

(1) The date the coating was manufactured, or a date code 

representing the date of manufacture, shall be indicated on the label, 

lid, or bottom of the container. 

(2) If the manufacturer uses a date code for a coating, the 

manufacturer shall file an explanation of each code with the 

Department. 

C. Thinning Recommendations. 

(1) A statement of the manufacturer’s recommendation 

regarding thinning of the coating shall be indicated on the label or 

lid of the container. 

(2) This requirement does not apply to the thinning of 

architectural coatings with water. 

(3) If thinning of the coating before use is not necessary, the 

recommendation shall specify that the coating is to be applied 

without thinning. 

D. VOC Content. 

(1) A container of a coating subject to this chapter shall display 

one of the following values in grams of VOC per liter of coating: 

(a) Maximum VOC content as determined from all potential 

product formulations; 

(b) VOC content as determined from actual formulation 

data; or 

(c) VOC content as determined using the procedures 

specified in Regulation .08 of this chapter. 

(2) If the manufacturer does not recommend thinning, the 

container shall display the VOC content, as supplied. 

(3) If the manufacturer recommends thinning, the container 

shall display the VOC content including the maximum amount of 

thinning solvent recommended by the manufacturer. 

(4) If the coating is a multi-component product, the container 

shall display the VOC content as mixed or catalyzed. 

(5) If the coating contains silanes, siloxanes, or other 

ingredient that generate ethanol or other VOCs during the curing 

process, the VOC content shall include the VOCs emitted during 

curing. 

(6) The VOC content shall be determined using the procedures 

in Regulation .08 of this chapter. 

E. Faux Finishing Coatings. The labels of all clear topcoat faux 

finishing coatings shall prominently display the statement “This 

product can only be sold or used as part of a Faux Finishing coating 

system.”

F. Industrial Maintenance Coatings. A manufacturer of an 

industrial maintenance coating shall prominently display at least one 

of the following statements: 

(1) “For industrial use only”; 

(2) “For professional use only”; 

(3) “Not for residential use”; or 

(4) “Not intended for residential use”. 

G. Rust Preventive Coatings. The labels of a rust preventive 

coating shall prominently display the statement “For Metal 

Substrates Only”. 

H. Specialty Primers, Sealers, and Undercoaters. The label of a 

specialty primer, sealer, or undercoater shall, as applicable, 

prominently display one or more of the following descriptions: 

(1) “For blocking stains”; 

(2) “For fire-damaged substrates”; 

(3) “For smoke-damaged substrates”; or 

(4) “For water-damaged substrates”; 

I. Non-Flat—High-Gloss Coatings. The label of a non-flat—highgloss coating shall prominently display the words “High Gloss”. 

J. Reactive Penetrating Sealers. The labels of all reactive 

penetrating sealers shall prominently display the statement “Reactive 

Penetrating Sealer”. 

K. Reactive Penetrating Carbonate Stone Sealers. The labels of all 

reactive penetrating carbonate stone sealers shall prominently 

display the statement “Reactive Penetrating Carbonate Stone 

Sealers”. 

L. Stone Consolidants. The labels of all stone consolidants shall 

prominently display the statement “Stone Consolidants—For 

Professional Use Only”. 

M. Wood Coatings. The labels of all wood coatings shall 

prominently display the statement “For Wood Substrates Only”. 

N. Zinc Rich Primers. The labels of all zinc rich primers shall 

prominently display one or more of the following statements: 

(1) “For professional use only”; 

(2) “For industrial use only”; 

(3) “Not for residential use”; or 

(4) “Not intended for residential use”. 

.07 Reporting Requirements. A person who manufactures a coating 

subject to this chapter shall provide within 180 days of written 

request, data concerning the distribution and sales of architectural 

coatings, including:

A. The name and mailing address of the manufacturer; 

B. The name, address, and telephone number of a contact person; 

C. The name of the coating product as it appears on the label; 

D. The application coating category; 

E. A description whether the product is marketed for interior or 

exterior use or both; 

F. The number of gallons sold in the State in containers greater 

than 1 liter and equal to or less than 1 liter; 

G. The VOC actual content and VOC regulatory content in grams 

per liter. 

(1) If thinning is recommended, list the VOC actual content and 

VOC regulatory content after maximum recommended thinning. 

(2) If containers less than 1 liter have a different VOC content 

than containers greater than 1 liter, list separately. 
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MARYLAND REGISTER, VOLUME 43, ISSUE 2, FRIDAY, JANUARY 22, 2016 

(3) If the coating is a multi-component product, provide the 

VOC content as mixed or catalyzed. 

H. The names and CAS numbers of the VOC constituents in the 

product; 

I. The names and CAS numbers of any compounds in the product 

specifically exempted from the VOC definition under COMAR 

26.11.01.01B(53); 

J. A description whether the product is marketed as solventborne, 

waterborne, or 100 percent solids; 

K. A description of resin or binder in the product; 

L. A description whether the coating is a single-component or 

multi-component product; 

M. The density of the product in pounds per gallon; 

N. The percent by weight of solids, all volatile materials, water, 

and any compounds in the product specifically exempted from the 

VOC definition under COMAR 26.11.01.01B(53); and 

O. The percent by volume of solids, water, and any compounds in 

the product specifically exempted from the VOC definition under 

COMAR 26.11.01.01B(53). 

.08 Compliance Procedures. 

A. Calculation of VOC Content. 

(1) For the purpose of determining compliance with the VOC 

content limits in Table 1 of Regulation .05 of this chapter, the VOC 

content of a coating shall be determined using the following 

procedures, as applicable: 

(a) With the exception of low solids coatings, determine the 

VOC content (regulatory) in grams of VOC per liter of coating 

thinned to the manufacturer’s maximum recommendation, excluding 

the volume of any water and exempt compounds using the following 

equation: 

VOC Regulatory = (Ws - Ww - Wec) / (Vm - Vw - Vec) 

Where: 

VOC Regulatory = grams of VOC per liter of coating; 

Ws = weight of volatiles, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; 

Vm = volume of coating, in liters; 

Vw = volume of water, in liters; and 

Vec = volume of exempt compounds, in liters. 

(b) For low solids coatings, determine the VOC content 

(actual) in units of grams of VOC per liter of coating thinned to the 

manufacturer’s maximum recommendation, including the volume of 

any water and exempt compounds using the following equation: 

VOC Actual = (Ws - Ww - Wec) / (Vm) 

Where: 

VOC Actual = the VOC content of a low solids coating, in 

grams per liter of coating; 

Ws = weight of volatile, in grams; 

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams; and 

Vm = volume of coating, in liters. 

(2) The VOC content of a tint base shall be determined without 

colorant that is added after the tint base is manufactured. 

(3) If the manufacturer does not recommend thinning, the VOC 

content shall be calculated for the product as supplied. 

(4) If the manufacturer recommends thinning, the VOC content 

shall be calculated including the maximum amount of thinning 

solvent recommended by manufacturer. 

(5) If the coating is a multi-component product, the VOC 

content shall be calculated as mixed or catalyzed. 

(6) If the coating contains silanes, siloxanes, or other 

ingredients that generate ethanol or other VOCs during the curing 

process, the VOC content shall include the VOCs emitted during 

curing. 

B. VOC Content of Coatings. 

(1) Except as provided in §C of this regulation, a person shall 

determine the VOC content of a coating using one of the test methods 

listed in Regulation .02 of this chapter, or an alternative method 

approved by the Department. 

(2) If there are any inconsistencies between the results of EPA 

Method 24 test and any other means for determining VOC content, 

the EPA Method 24 test results will govern. 

(3) The exempt compounds content shall be determined by one 

of the test methods listed in Regulation .02 of the chapter, as 

applicable. 

C. Methacrylate Traffic Coating Markings. Analysis of 

methacrylate multicomponent coatings used as traffic marking 

coatings shall be conducted according to a modification of U.S. EPA 

Method 24 (40 CFR 59, subpart D, Appendix A). This method has not 

been approved for methacrylate multicomponent coatings used for 

other purposes than as traffic marking coatings or for other classes 

of multicomponent coatings. 

BENJAMIN H. GRUMBLES 

Secretary of the Environment 

Title 30 

MARYLAND INSTITUTE 

FOR EMERGENCY 

MEDICAL SERVICES 

SYSTEMS (MIEMSS) 

Subtitle 02 EMERGENCY MEDICAL 

SERVICES PROVIDERS 

30.02.02 Licensure and Certification 

Authority: Education Article, §13-516, Annotated Code of Maryland 

Notice of Proposed Action 

[16-048-P]

The State Emergency Medical Services Board proposes to amend 

Regulation .05 under COMAR 30.02.02 Licensure and 

Certification. This action was considered and approved by the State 

Emergency Medical Services Board at its regular meeting on 

December 8, 2015. 

Statement of Purpose 

The purpose of this action is to clarify examination and 

reexamination procedures and time frames for individuals seeking 

licensure or certification as EMS providers in Maryland. 

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities.