CO MAR 26.11.02 

Amended Text for Regulations .09 and .10 u"nder 

Chapter 02 Permits, Approvals, and Registration 

(effective date: November 16, 2009) 

.09 Sources Subject to Permits to Construct and Approvals. 

A. A person may not construct or modify or cause to be constructed or modified any of the following 

sources without first obtaining, and having in current effect, the specified permits to construct and 

approvals: 

(I) New Source Review Source (NSR source), as defined at COMAR 26.11.01.0 I-approval required, 

except for electric generating stations that receive a certificate of public convenience and necessity (CPCN) 

under Public Utility Companies Article, §§7-207 and 7-208, Annotated Code of Maryland; 

(2) Prevention of Significant Deterioration (PSD) Source, as defined at COMAR 26.11.01.0 I-approval 

required, except for electric generating stations that receive a certificate of public convenience and 

necessity (CPCN) under Public Utility Companies Article, §§7-207 and 7-208, Annotated Code of 

Maryland; 

(3) New Source Performance Standard Source (NSPS source), as defmed at COMAR 26.11.01.0 l-permit 

to construct required, except for generating stations constructed by electric companies; 

(4) National Emission Standards for Hazardous Air Pollutants Source (NESHAP source), as defined at 

COMAR 26.11.01.0 l-permit to construct required, except for generating stations constructed by electric 

companies; 

(5) Stationary source of lead that discharges I ton per year or more of lead or lead compounds measured as 

elemental lead-permit to construct required; 

(6) All sources, including installations and air pollution control equipment, except as listed in Regulation 

.10 of this chapter-permitto construct required. 

B. In the event of a conflict between the applicability of §A( I H5) of this regulation and an exemption 

listed in Regulation .10 of this chapter, the provision that requires a permit applies. 

C. Approval of a PSD or NSR source by the Department does not relieve the person obtaining approval 

from also obtaining all permits to construct required by §A(3H6) of this regulation. 

D. General Permits to Construct. The Department may issue a general permit to construct covering similar 

sources, emissions units, or control equipment. 

.10 Sources Exempt from Permits to Construct and Approvals. 

A person may construct or modify or cause to be constructed or modified any of the following sources 

without first obtaining, and having in current effect, a permit to construct: 

A. Electric generating stations that receive a certificate of public convenience and necessity (CPCN) under 

Public Utility Companies Article, §§7-207 and 7-208. Annotated Code of Maryland; 

B. Motor vehicles, steamships, tugs, and railroad locomotives; 
C. Fuel-burning equipment and space heaters using gaseous fuels or No. I or No.2 fuel oil with a heat 

input less than 1,000,000 Btu (1.06 gigajoules) per hour; 

D. Repealed. 

E. Stationary internal combustion engines with an output less than 500 brake horsepower (373 kilowatts) 

and which are not used to generate electricity for sale or load shaving as that term is defined in COMAR 

26.11.09.01 B; 

F. Bench scale laboratory equipment used exclusively for chemical or physical analysis or experimentation; 

G. Portable brazing, soldering, or welding equipment; 

H. Comfort air conditioning or comfort ventilating systems which are not designed to remove emissions 

generated by or released from specific units of equipment; 

I. Water cooling towers and water cooling ponds unless used for evaporative cooling of water from 

barometric jets or barometric condensers, or used in conjunction with an installation requiring a permit to 

operate; 

J. Equipment used exclusively for steam cleaning; 

K. Grain, metal, plastic, or mineral extrusion presses; 

L. Porcelain enameling drying ovens; 

M. Unheated VOC dispensing containers or unheated VOC rinsing containers of60 gallons (227 liters) 

capacity or less; 

N. Equipment used for hydraulic or hydrostatic testing; 

O. The following equipment or an exhaust system or collector servicing exclusively this equipment: 

(I) Blast cleaning equipment using a suspension of abrasive in water, 

(2) Commercial bakery ovens with a rated heat input capacity ofless than 2,000,000 Btu per hour, 

(3) Kilns used for firing ceramic ware, heated exclusively by natural gas, liquefied petroleum gas, 

electricity, or any combination of these, 

(4) Confection cookers where the products are edible and intended for human consumption, 

(5) Drop hammers or hydraulic presses for forging or metal working, 

(6) Die casting machines, 

(7) Photographic process equipment used to reproduce an image upon sensitized material through the use of 

radiant energy, 

(8) Equipment for drilling, carving, cutting, routing, turning. sawing, planing, spindle sanding, or disc 

sanding of wood or wood products, 
(9) Equipment for surface preparation of metals by use of aqueous solutions, except for acid solutions, 

(10) Equipment for washing or drying products fabricated from metal or glass, provided that no VOC is 

used in the process and that no oil or solid fuel is burned, 

(11) Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solution or bleach or 

detergents, 

(12) Containers, reservoirs, or tanks used exclusively for electrolytic plating work, or electrolytic polishing, 

or electrolytic stripping of brass, bronze, cadmium, copper, iron, lead, nickel, tin, zinc, and precious metals, 

(13) Breweries with an annual beer production less than 60,000 barrels, and 

(14) Municipal solid waste landfills that have a design capacity ofless than 500,000 tons of municipal solid 

waste and that are not major sources; 

P. Natural draft hoods or natural draft ventilators; 

Q. Containers, reservoirs, or tanks used exclusively for: 

(1) Dipping operations for coating objects with oils, waxes, or greases, where no VOC is used, 

(2) Dipping operations for applying coatings of natural or synthetic resins which contain no VOC, 

(3) Storage of butane, propane or liquefied petroleum, or natural gas, 

(4) Storage oflubricating oils, 

(5) Unheated storage ofVOC with an initial boiling point of300°F (149°C) or greater, 

(6) Storage of Numbers 1,2,4,5, and 6 fuel oil and aviation jet engine fuel, 

(7) Storage of motor vehicle gasoline, having an individual tank capacity of2,000 gallons or less, 

(8) The storage ofVOC normally used as solvents, diluents, thinners, inks, colorants, paints, lacquers, 

enamels, varnishes, liquid resins, or other surface coatings and having a capacity of2,000 gallons (7.6 

cubic meters) or less; 

R. Gaseous fuel-fired or electrically heated furnaces for heat-treating glass or metals, the use of which does 

not involve molten materials; 

S. Crucible furnaces, pot furnaces, or induction furnaces, with a capacity of 1,000 pounds (454 kilograms) 

or less each, in which no sweating or distilling is conducted, or any fluxing conducted, using chloride, 

fluoride, or ammonium compounds and from which only the following metals are poured or in which only 

the following metals are held in a molten state: 

(I) Aluminum or any alloy containing over 50 percent aluminum, ifno gaseous chloride compounds, 

chlorine, aluminum chloride, or aluminum fluoride is used, 

(2) Magnesium or any alloy containing over 50 percent magnesium, 

(3) Lead or any alloy containing over 50 percent lead, 
(4) Tin or any alloy containing over 50 percent tin, 

(5) Zinc or any alloy containing over 50 percent zinc, 

(6) Copper, or 

(7) Precious metals; 

T. Vacuum cleaning systems used exclusively for industrial, commercial, or residential house-keeping 

purposes; 

U. Charbroilers and pit barbecues as defined in COMAR 26.11.18.01 with a total cooking area of 5 square 

feet (0.46 square meter) or less; 

V. Hazardous waste incinerators, as defined in COMAR 26.13.01.038(33), and for which a hazardous 

waste facility permit has been applied or issued by the Department under COMAR 26.13.07; 

w. Sheet-fed letter or lithographic printing presses with a cylinder width ofless than 18 inches; and 

x. Other installations if: 

(1) The installation is not subject to any source-specific State or federal emission standard, 

(2) The expected uncontrolled emissions are less than 1 ton per calendar year of each pollutant for which 

there is a federal ambient air quality standard or which is a Class II toxic air pollutant as defmed in 

COMAR 26.11.15.018(5), and 

(3) The emissions contain not more than 1 pound per day of a Class I toxic air pollutant, as defined in 

CO MAR 26.11.15.018(4). 

• 

• 

• 
1818 FINAL ACTION ON REGULATIONS 

Title 15 

DEPARTMENT OF AGRICULTURE 

Subtitle 05 PESTICIDE USE CONTROL 

15.05.01 Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control 

Consultants, and Licensing of Pesticide Businesses 

Authority: Agriculture Article, §§2-103, 5-204, 5-207, and 5-210.2, 

Annotated Code of Maryland 

Notice of Final Action 

[09-296-FJ 

On October 27, 2009, the Secretary of Agriculture adopted 

amendments to Regulation .08 under COMAK 16.05.01 

Use and Sale of Pesticides, Certification of Pesticide 

Applicators and Pest Control Consultants, and Li· 

censing of Pesticide Businesses. This action, which was 

proposed for adoption in 36:19 Md. R. 1476 -1477 (September 11, 2009), has been adopted with the nonsubstantive 

changes shown below. 

Effective Date: November 18, 2009. 

Attorney General's Certification 

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

Annotated Code of Maryland, the Attomey 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 .08A(7)(c): A change in the wording for consistency is not a substantive change in the regulation. 

08 Pest Control Applicator, Pest Control Consultant, 

and Public Agency Applicator Certification, and 

Categories of Pest ControL 

A Certification. A person shall apply to the Department, 

using Departmental forms, for certification as a pest control 

applicator, pest control consultant, or public agency applicator in any'ofthe following categories or subcategories of pest 

control: 

(1) - (6) (proposed text unchanged) 

(7) Industrial, Institutional, Structural, and Health 

Related Pest Control. This category authorizes a pest control applicator, public agency applicator, or pest control consultant to perform pest control in, on, or around any food 

handling establishment, dwelling, business, or institution, 

such as schools, hospitals, industrial establishments, boxcars, ships, and airplanes. Subcategories are: 

(a) - (b) (proposed text unchanged) 

(c) Wildlife control- pest control involving birds, 

mammals, reptiles, and other wildlife not covered by the rodent control category. A person who holds a current Wildlife 

Damage Control Permitl ((fromD as required by the Maryland Department of Natural Resources under COMAR 

08.03.15, is not required to hold a license, permit or certificate for wildlife pest control under the Maryland Pesticide 

Applicators Law, if that person does not: 

(i) - (ii) (proposed text unchanged) 

(8) - (13) (proposed text unchanged) 

B. - C. (proposed text unchanged) 

EARL F. HANCE 

Secretary of Agriculture 

Subtitle 16 MARYLAND HORSE INDUSTRY 

BOARD 

15.16.03 Civil Penalty Standards for Unlicensed Stable Operators 

Authority: Agriculture Article, §2-718, 

Annotated Code of Maryland 

Notice of Final Action 

(09-181-FJ 

On October 28, 2009, the Secretary of.Agriculture adopted 

new Regulations .01 -.08 under a new chapter, COMAK 

15.18.03 Civil Penalty Standards for Unlicensed 

Stable Operators. This action, which was proposed for 

adoption in 36:13 Md. R. 937 - 938 (June 19, 2009), has 

been adopted as proposed. 

Effective Date: November 16, 2009. 

EARL F. HANCE 

Secretary of Agriculture 

Subtitle 20 SOIL AND WATER CONSERVATION 

15.20.07 Agricultural Operation Nutrient Management Plan Requirements 

Authority: Agriculture Article, §lS-801 - 8-806, 

Annotated Code of Maryland 

Notice of Final Action 

(09-298-F -n 

On October 27, 2009, the Secretary of Agriculture adopted 

amendments to Regulation .02 under COMAK 15.20.07 Ag. 

ricultural Operation Nutrient Management Plan Requirements. This action, which was proposed for adoption 

in 36:19 Md. R. 1477 - 1478 (September 11, 2009), has 

been adopted as proposed. 

Effective Date: November 16, 2009. 

EARL F. HANCE 

Secretary of Agriculture 

Title 26 

DEPARTMENT OF 

THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.02 Permits, Approvals, and Registration 

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

2-301 - 2-303, 2-401, 2-403, and 2-404, 

Annotated Code of Maryland 

Notice of Final Action 

[09-222-FJ 

On October 16, 2009, the Secretary of the Environment 

adopted amendments to Regulations .09 and .10 under 

MARYLAND REGISTER, VOL. 36, ISSUE 23 FRIDAY, NOVEMBER 6, 2009 
FINAL ACTION ON REGULATIONS 1819 

COMAK 26.11.02 Permits, Approvals, and Registration. This action, which was proposed for adoption in 36:17 

Md. R. 1360 - 1361 (August 14, 2009), has been adopted as 

proposed. 

Effective Date: November 16, 2009. 

SHARI T. WILSON 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.34 Low Emissions Vehicle Program 

Authority: Environment Article, §§1-404, 2-102, 2-103, and 2-301, 

Annotated Code of Maryland; 

Ch. 111 and 112, Acts of 2007 

Notice of Final Action 

[09-253-F -II 

On October 16, 2009, the Secretary of the Environment 

adopted amendments to Regulation .02 under COMAK 

26.11.34 Low Emissions Vehicle Program. This action, 

which was proposed for adoption in 36:17 Md. R. 1361-

1364 (August 14, 2009), has been adopted as proposed. 

Effective Date: November 16, 2009. 

SHARI T. WILSON 

Secretary of the Environment 

Title 31 

MARYLAND INSURANCE 

Subtitle 11 

ADMINISTRATION 

HEALTH INSURANCE - GROUP • 

31.11.06 Comprehensive Standard Health 

Benefit Plan 

Authority: Health-General Article, §§l9-103(c)(6), 19-10B, and 19-1510; 

Insurance Article, §§2-10B, 2-109, and 15-1207; 

Annotated Code of Maryland 

Notice of Final Action 

[09-267-Fl 

On October 15, 2009, the Maryland Insurance Administration and the Maryland Health Care Commission adopted 

amendments to Regulations .06 and .11 under COMAK 

31.11.06 Comprehensive Standard Health Benefit 

Plan. This action, which was proposed for adoption in 36:18 

Md. R. 1408 (August 28,2009), has been adopted as proposed. 

Effective Date: November 16, 2009. 

RALPH S. TYLER 

Insurance Commissioner 

MARILYN MOON 

Chair 

Maryland Health Care Commission 

COMAR 08.19.02 Errata CO MAR 26.04.04 

At 36:18 Md. R. 1385 (October 23, 2009), column 2, line 9 

from the top: 

For: (1) - (2) (text unchanged) 

Read: (1) (text unchanged) 

(2) Meet criteria established in the local program approved by the Department that demonstrate that the activities meet the: 

(a) (text unchanged) 

(b) Standards for sensitive areas protection as established under Article 66B, §§3.05 - 3.06, Annotated Code of 

Maryland, and adopted in a local land use plan as defined in 

Article 66B, §1.00(t), Annotated Code of Maryland[; or]. 

109-23-411 

COMAR 20.79.01 

At 36:19 Md. R. 1479 (September 11, 2009), column 2, line 

13 from the bottom: 

For: §51.166; or 

Read: §51.166; or 

[09-23-371 

COMAR 23.03.01 

At 36:22 Md. R. 1725 (October 23, 2009), column 2, line 10 

from the bottom: 

For: 23.02.01 Terminology; and 

Read: 23.03.01 Terminology; and 

109-23-3BI 

At 36:22 Md. R. 1766 (October 23, 2009), column 2, line 1 

from the top: 

For: 2009. A public hearing has not been scheduled. 

Read: 2009. A public hearing has been scheduled. 

109-23-521 

CO MAR 33.15 

At 36:21 Md. R. 1595 (October 9, 2009), column 1, line 13 

from the bottom: 

For: AND DmECTORIES 

Read: AND FACILITIES 

At 36:21 Md. R. 1595 (October 9, 2009), column 1, line 7 

from the bottom: 

For: 33.15.01 Maps and Descriptions; 

Read: 33.15.01 Maps, Descriptions, and Directories; 

109-23-321 

MARYLAND REGISTER, VOL 36, ISSUE 23 FRIDAY, NOVEMBER 6, 2009 

• 
1360 PROPOSED ACTION ON REGULATIONS 

Title 26 

DEPARTMENT OF 

THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.02 Permits, Approvals, and Registration 

Authority: Environment Article. 1§l-101. 1-404.2-101- 2-103. 

2-301 - 2-303. 2-401. 2-403. and 2-404. 

Annotated Code of Maryland 

Notice of Proposed Action 

(09-222-PI 

The Secretary of the Environment proposes to amend 

Regulations .09 and .10 under COMAK 28.11.02 Permits, 

Approvals, and Registration. 

Statement of Purpose 

The purpose of this action is to clarify permit to construct 

and approval requirements for electric generating stations 

that are not required to receive a Certificate of Public Convenience and Necessity (CPCN) from the Maryland Public 

Service Commission (PSC) before commencing construction. 

The proposed action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of 

Maryland's State Implementation Plan. 

Background. 

Nearly all sources of air pollution are required to receive 

a permit to construct before constructing or modifying the 

source. Electric generating stations, however, are generally 

exempt from the requirement to obtain a permit to construct or approval from the Department. Rather, electric 

generating stations are required to obtain a CPCN from the 

PSC. Under the current Public Utility Companies Article, 

all of the air quality provisions that would otherwise be incorporated into a permit to construct or approval issued by 

the Department must be contained in a CPCN issued by the 

PSC. 

Electric generating stations that are not required to obtain a CPCN from the PSC for any reason remain subject to 

the Department's preconstruction permitting requirements, 

as provided in Environment Article, §2-402(3), Annotated 

Code of Maryland. Regulations implementing Environment 

Article, §2-402(3), Annotated Code of Maryland in Code of 

Maryland Regulations 26.11.02.09 and .10 currently exempt 

from the Department's permit requirements electric generating stations constructed by electric companies, regardless 

of whether the electric generating station is required to obtain a CPCN. These regulations are out-of-date and not consistent with the statutory provision insofar as they do not 

purport to preserve the Department's permitting authority 

for electric generating stations that are not required to obtain a CPCN. The Department would retain permitting authority, for example, where the Public Utility Companies Article provides an exemption of the requirement that a 

generating station obtain a CPCN. (See, for example, Public 

Utilities Article, §7-207(b)(I)(ii), Annotated Code of Maryland). The proposed revisions to the regulations correct this 

inconsistency. 

Sources Affected. 

Permit and approval requirements apply to all electric 

generating stations that propose to construct a new facility 

or modify an existing facility. 

Requirements. 

The proposed action corrects an inconsistency between 

the Department's statutory authority and its implementing 

regulations and clarifies the applicability of the Department's preconstruction permitting requirements to electric 

generating stations that are not required to obtain a CPCN 

from the Public Service Commission. 

Economic Impact on Affected Sources and the Department. 

The proposed action does not establish any new requirement or new emissions standards but clarifies existing requirements that apply to electric generating stations. There 

is no economic impact on affected sources or the Department. 

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 September 16, 2009 at 10 

a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Aerie Conference Room, 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 emailed to drabin@mde.state. 

md.us, or call 410-537-3240. Comments must be received 

not later than September 16, 2009, 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: 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. 

.09 Sources Subject to Permits to Construct and Approvals. 

A. A person may not construct or modify or cause to be 

constructed or modified any of the following sources without 

MARYLAND REGISTER, VOL 38, ISSUE 17 FRIDAY, AUGUST 14, 2009 
PROPOSED ACTION ON REGULATIONS 1361 

first obtaining, and having in current effect, the specified 

permits to construct and approvals: 

(1) New Source Review Source (NSR source), as defined at COMAR 26.11.01.01- approval required, except 

for [generating stations constructed by electric companies] 

electric generating stations that receilJe a certificate of public 

conlJenience and necessity (CPCN) under Public Utility 

Companies Article, §§7·207 and 7·208, Annotated Code of 

Maryland; 

(2) Prevention of Significant Deterioration (PSD) 

Source, as defined at COMAR 26.11.01.01- approval required, except for [generating stations constructed by electric companies] electric generating stations that receilJe a 

certificate of public conlJenience and necessity (CPCN) under 

Public Utility Companies Article, §§7·207 and 7·208, Annotated Code of Maryland; 

(3) - (6) (text unchanged) 

B. - D. (text unchanged) 

.10 Sources Exempt from Permits to Construct and 

Approvals. 

A person may construct or modify or cause to be constructed or modified any of the following sources without 

first obtaining, and having in current effect, a permit to construct: 

A. [Generating stations constructed by electric companies] Electric generating stations that receilJe a certificate of 

public conlJenience and necessity (CPCN) under Public Util· 

ity Companies Article, §§7-207 and 7-208, Annotated Code of 

Maryland; 

B. -x. (text unchanged) 

SHARI T. WILSON 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.34 Low Emissions Vehicle Program 

Authority: Environment Article, §§1404, 2·102, 2-103, and 2-301, 

Annotated Code of Maryland; 

Ch. 111 and 112, Acts of 2007 

Notice of Proposed Action 

(09-253·P-Il 

The Secretary of the Environment proposes to amend 

Regulation .02 under COMAK 26.11.34 Low Emissions 

Vehicle Program. 

Statement of Purpose 

The purpose of this action is to reflect the changes made 

to the California regulations since their original adoption in 

Maryland in November 2007. 

The proposed action will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to Maryland's State Implementation Plan (SIP). 

Background. 

Vehicles sold in the United States must be certified under 

one of two certification programs: the federal program (Tier 

2); or the California program (the Clean Car Program is also 

known as the California Low Emissions Vehicle ProgramCALEY). Section 177 of the Clean Air Act Amendments of 

1990 gives states such as Maryland the option to adopt the 

California program instead of the federal program as long 

as the Maryland program is identical to the California program and Maryland allows 2 model years lead time from 

adoption of the California program to its implementation in 

Maryland. 

The Maryland Clean Cars Act of 2007 (signed into law b 

Governor O'Malley in April 2007) required the Department 

of the Environment (MDE) to adopt regulations implementing the CALEV program in Maryland. The 2007 Maryland 

implementing regulations adopted, through incorporation 

by reference, the applicable California regulations. The CALEV program is a dynamic, changing program and since 

2007 several of the relevant California regulations have 

been updated. Th continue to implement California's standards, Maryland must remain consistent with their regulations. When California updates its regulations, Maryland 

must reflect these changes by amending COMAR 

26.11.34.02. 

The proposed changes are covered by an existing waiver 

granted by the federal government to California and have 

already been implemented in California as well as other 

states that have adopted the CALEV program. They will not 

affect the greenhouse gas provisions of the program which 

have not yet received a waiver from the federal government. 

Many of the changes addressed by this proposed action are 

merely updates to existing test procedures and provisions. 

Requirements. 

The individual regulatory changes can be grouped into 

five major areas. 

(1) Streamlining of Evaporative Emissions Requirements 

and Test Procedures. 

These amendments increase the efficiency of the vehicle 

certification process by reducing complexities and eliminating redundancies between corresponding federal Tier 2 and 

California procedures. • (2) OBD and Emission Warranties. 

These amendments update the diagnostic requirements 

for light-duty and medium-duty vehicles to ensure adequate 

monitoring of today's emission control strategies. The warranty amendments update references to emissions-related 

parts to better reflect current emission control technology 

and simplify requirements. 

(3) In-Use Vehicle Emissions-Related Recall Provisions. 

These amendments establish new sections which define 

the revised warranty and recall provisions for model year 

2010 and later vehicles and consist of the formatting 

changes necessary to "point to" the revised provisions. 

(4) Smog Index Labels and Addition of Global Warming 

Index. 

These amendments standardize and revise the existing 

smog index label required on new cars to better inform consumers of the vehicle's impact on global warming and smog 

forming emissions. 

(5) Zero Emission Vehicles (ZEy). 

These amendments implement changes to the ZEV requirements designed to better reflect the current state of 

technology. They also create incentives for new vehicle designs, as well as clarify and simplify specific program requirements. 

The above amendments do not impact the greenhouse gas 

provisions of the program. They are essentially updates to 

existing test procedures and provisions. 

Affected Sources. 

These amendments apply to automobile manufacturers 

that produce new motor vehicles for sale in Maryland. All • 

vehicle types that have a gross vehicle weight rating of less 

than 14,000 pounds are affected. 

MARYLAND REGISTER, VOL 36, ISSUE 17 FRIDAY, AUGUST 14, 2009 
Title 20 PUBLIC SERVICE COMMISSION 

Subtitle 79 APPLICATIONS CONCERNING THE CONSTRUCTION 

OR MODIFICATION OF GENERATING STATIONS AND 

OVERHEAD TRANSMISSION LINES 

Chapter 01 General 

Authority: Public Utility Companies Article, §§2-113, 2-121 and 7-205-7-208, 

Annotated Code of Maryland 

.01 Scope. 

The regulations in this subtitle apply to: 

A. A person applying for a Certificate of Public Convenience and Necessity for the construction of a 

generating station or modification to an existing electric generating station; 

B. An"electric company applying for a Certificate of Public Convenience and Necessity for the construction 

of an overhead transmission line or modification to an existing overhead transmission line; 

C. A person requesting an exemption from the requirement to obtain a Certificate of Public Convenience 

and Necessity for the construction of a generating station under Regulation .03 of this chapter; or 

D. A person making a modification under Public Utility Companies Article, §7-205, Annotated Code of 

Maryland . 

. 02 Definitions. 

A. In this subtitle, the following terms have the meanings indicated. 

B. Terms Dermed. 

(I) "Aesthetic site" means a site whose aesthetic nature is: 

(a) Of general public interest; or 

(b) Officially recognized by a local, state, or federal agency charged with responsibility to oversee the 

protection of the environment. 

(2) Applicant. 

(a) "Applicant" means a person applying for a Certificate of Public Convenience and Necessity to construct 

or modify an electric generating station including its associated transmission line, if applicable, or for an 

exemption from the requirement to obtain a Certificate of Public Convenience and Necessity to construct a 

generating station. 
(b) "Applicant" also means an electric company applying for a Certificate of Public Convenience and 

Necessity to construct or modii)' an overhead transmission line. .. 

(3) "Application" means a request for: 

(a) A Certificate of Public Convenience and Necessity for the construction of an electric generating station 

including its associated transmission line, if applicable, or overhead transmission line under Public Utility 

Companies Article, §§7-207 and 7-208, Annotated Code of Maryland; 

(b) A Certificate of Public Convenience and Necessity and any other approvals necessary to begin a 

modification to an electric generating station or an existing overhead transmission line under Public Utility 

Companies Article, §7-205, 7-206, 7-207, or 7-208, Annotated Code of Maryland; or 

(c) An exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the 

construction ofa generating station under Public Utility Companies Article, §7-207.1, Annotated Code of 

Maryland. 

(4) "Approval" as used in Public Utility Companies Article, §7-205, Annotated Code of Maryland, means a 

Certificate of Public Convenience and Necessity issued under Public Utility Companies Article, §§7-207 

and 7-208, Annotated Code of Maryland. 

(5) "Archeological site" means a site yielding artifacts, structural remains, or evidence of occupation or use 

before the year 1900 as designated by the State Archeologist for the Maryland Geological Surveyor by 

another agency or government unit with responsibility for archeological sites. 

(6) "Associated transmission line" means a transmission line that is necessary to transport the electric 

output of the generating station to the electric system. 

(7) Commence. 

(a) "Commence" with respect to a modification means, in general, initiation of physical on-site construction 

activities that are of a permanent nature, including installation of building supports and foundations, laying 

of underground pipework, and construction of permanent storage structures. 

(b) "Commence" with respect to a change in the method of operation, means those on-site activities other 

than preparatory activities that mark the initiation of the change. 

(8) Construction. 

(a) "Construction" has the meaning stated in Public Utility Companies Article, §7-207, Annotated Code of 

Maryland. 

(b) "Construction" does not mean a change needed for temporary use ofa site or route for a nonutility 

purpose or for use in securing geological data, including borings necessary to ascertain foundation 

conditions. 

(9) "Demand" means the rate of consumption of electricity. 

(10) "Electric company" has the meaning stated in Public Utility Companies Article, § I-I 0 I, Annotated 

Code of Maryland. 

(II) Generating Station. 

2 

• 
(a) "Generating station" means property or facilities located in Maryland constituting an integral plant or 

unit for the production of electric energy, including any new production unit that would be added to an 

existing production plant. 

(b) "Generating station" does not include an integral plant or unit less than 373 kilowatts if it is installed 

with equipment that prevents the flow of electricity to the electric system during time periods when the 

electric system is out of service. 

(12) "Historic site" means a site registered by the: 

(a) Maryland Historical Trust; 

(b) National Register of Historic Places; 

(c) National Register of Natural Landmarks; 

(d) Register of National Historic Landmarks; or 

( e) National Trust for Historic Preservation. 

(13) "Linear facilities" means ancillary components of a generating station that may have environmental or 

land use impacts in Maryland, including: 

(a) A pipeline for the delivery of fuel or cooling water; and 

(b) An associated transmission line. 

(14) Modification. 

(a) "Modification" to an electric generating station has the meaning stated in Public Utility Companies 

Article, §7-205, Annotated Code of Maryland. 

(b) "Modification" to an existing overhead transmission line means: 

(i) Obtaining new real property or additional rights-of-way through eminent domain; or 

(ii) Construction requiring larger or higher structures to accommodate increased voltage or larger 

conductors. 

(c) "Modification" includes any clean air modification under Public Utility Companies Article, §7-206, 

Annotated Code of Maryland. 

(15) "On-site generated electricity" has the meaning stated in Public Utility Companies Article, § 1- IO I, 

Annotated Code of Maryland. 

(16) "Person" has the meaning stated in Public Utility Companies Article, §I-IOI, Annotated Code of 

Maryland. 

(I 7) "Plan" means a comprehensive and interrelated set of actions for meeting forecasted electric demand 

for the IO-year period from the date of the application. 

3 
(IS) "Project" means a proposed generating station, including linear facilities, generating station 

modification, transmission line, or modification to an existing transmission line. 

(19) "Public airport" includes a privately owned airport as defined in Public UtilitY Companies Article, §7-

207, Annotated Code of Maryland. 

(20) "Regulated pollutant" means: 

(a) Any pollutant for which a federal or the State ambient air quality standard has been promulgated, and 

any identified constituent or precursor pollutants regulated under an ambient air quality standard; 

(b) Any pollutant that is subject to any standard promulgated under 42 U.S.C. §74Il; 

(c) Any Class I or Class II substance that is subject.to a standard promulgated under Title VI of the Clean 

Air Act, 42 U.S.C. §7671 et seq.; or 

(d) Any other pollutant that is otherwise subject to regulation under the Clean Air Act, 42 U.SC. §7401 et 

seq. or Environment Article, Title 2, Annotated Code of Maryland, except that any or all hazardous air 

pollutants either listed in 42 U.S.C. §7412 or added to the list under 42 U.S.C. §7412(b) are not regulated 

pollutants unless the listed hazardous air pollutant is also regulated as a constituent precursor of a general 

pollutant listed under 42 U.S.C. §740S. 

(21) "Transmission line" means property or facilities constructed in Maryland as an overhead transmission 

line designed to carry a voltage in excess of 69,000 volts . 

. 06 Modifications to the Facilities at a Power Plant. 

A. Except as provided in §C of this regulation, a person may not commence a modification to the facilities 

at a power plant without receiving prior approval from the Commission. 

B. A physical alteration, replacement, change in the method of operation, or any other change to an electric 

generating unit or other facilities at a power plant that will result in an increase in air emissions is subject to 

the requirement to obtain approval from the Commission under Public Utility Companies Article, §7-

205(b), Annotated Code of Maryland, if the change will result in an increase of I ton or more per year in 

emissions of a regulated pollutant. 

C. The following changes do not require prior approval of the Commission: 

(I) Routine maintenance and repair, including routine replacement; 

(2) An increase in the hours of operation or in the production rate, unless the change is prohibited under 

any enforceable condition established after January 6, 1975, under regulations approved under the Clean 

Air Act, 42 U.S.C. §7401 et seq.; 

(3) Use of an alternative fuel or raw material by reason ofan order under §§2(a) and (b) of the Energy 

Supply and Environmental Coordination Act of 1974,15 U.S.C. §791 et seq., or any superseding 

legislation, or by reason ofa natural gas curtailment plan under the Federal Power Act, 16 U.S.C. §791 et 

seq.; 

(4) Use of an alternative fuel by reason of an order or rule under § 125 of the Clean Air Act, 42 U .S.C. 

§7425; 

4 

• 

• 
(5) Use of an alternative fuel or raw material by a stationary source which: 

(a) The source was capable of accommodating before January 6, 1975, unless such change would be 

prohibited under any federally enforceable permit condition established after January 6, 1975, under 40 

CFR §52.21, or under regulations approved under 40 CFR Part 51, Subpart I or §51.166; or 

(b) The source is approved to use under a Certificate of Public Convenience and Necessity issued under 

Public Utility Companies Article, §§7-207 and 7-208, Annotated Code of Maryland, and any other required 

approvals, including permits issued under COMAR 26.11 .02 or 26.11.03; or 

(6) Any change in ownership. 

D. An increase in air emissions is calculated in accordance with COMAR 26.11.17 or 26.11.06.14, as 

applicable . 

. 07 Waivers and Modifications. 

The Commission may, in its discretion, waive or modify any provision of this subtitle and may also impose 

additional requirements as circumstances warrant. 

5 
1998 FINAL ACTION ON REGULATIONS 

.11 Hearings and AppealB. 

A (proposed text unchanged) 

B. Notice. 

(1) The local department or contractor shall send writ· 

ten notice of any adverse action in writing: 

(a) (proposed text unchanged) 

(b) 7b each individual selected by the applicant or 

customer as an informal provider who is denied payment 

pursuant to Regulation [[.09F(12)]] .09G(12) of this chapter; 

and 

(c) 7b a family child care provider, a child care center, 

or informal provider who is denied payment for committing 

an intentional program violation pursuant to Regulation 

[[.09F(13)(tJ]] .09G(13)(f) of this chapter. 

(2) - (6) (proposed text unchanged) 

C. -1. (proposed text unchanged) 

NANCY S. GRASMICK 

State Superintendent of Schools 

Subtitle 14 CHILD AND FAMILY DAY CARE 

13A.14.09 Maryland Child Care Credential Program 

Authority: Family Law Article, §5·573, 

Annotated Code of Maryland 

Notice of Final Action 

[09-289·F) 

On December 8, 2009, the State Superintendent of 

Schools adopted amendments to Regulations .02 and .03, 

new Regulation .09, and amendments to and the recodification of existing Regulation .09 to be Regulation .10 under 

OMAR 13A.14.09 Maryland Child Care Credential 

Program. This action, which was proposed for adoption in 

36:22 Md. R. 1758 - 1759 (October 23, 2009), has been 

adopted with the nonsubstantive changes shown below. 

Effective Date: January 4, 2010. 

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 .09D(5): One change was made to ensure 

proper text was grammatically correct. The change in text 

does not differ substantively from the proposed text . 

• 09 Tiered ReimburBemenl. 

A-C. (proposed text unchanged) 

D. Applicants for TIered Reimbursement, Level 3 - Spe· 

cial Requirements. An applicant shall: 

(1) - (4) (proposed text unchanged) 

(5) As administered by an Office of Child Care, Division 

of Early Childhood DelJelopment, approved evaluator, 

achieve a rating of four on a nationally recognized rating 

scale that is appropriate to the setting and [[age)) ages of the 

children in care. 

E. - G. (proposed text unchanged) 

NANCY S. GRASMICK 

State Superintendent of Schools 

Title 17 

DEPARTMENT OF 

BUDGET AND MANAGEMENT 

Subtitle 04 PERSONNEL SERVICES AND 

BENEFITS 

17.04.03 Recruitment, Examinations, Selections, and Employment 

Authority: State Personnel and Pensions Article. §4-106 and Titlea 4, 6, 7, 

11, and 13, 

Annotated Code of Maryland 

Notice of Final Action 

[09·324-F) 

On December 4, 2009, the Secretary of Budget and Management adopted new Regulations .01 - .03, amendments 

to and the recodification of existing Regulations .01 and .02 

to be Regulations .03-1 and .03-2, the recodification of existing Regulation .03 to be Regulation .03-3, and amendments 

to Regulation .04 under COMAK 17.04.03 Recruitment, 

Examinations, Selections, and Employment. This action, which was proposed for adoption in 36:21 Md. R. 

1609 -1610 (October 9, 2009), has been adopted as proposed. 

Effective Date: December 28, 2009. 

T. ELOISE FOSTER 

Secretary of Budget and Management 

Title 20 

PUBLIC SERVICE COMMISSION 

Subtitle 79 APPLICATIONS CONCERNING THE 

CONSTRUCTION OR MODIFICATION OF 

GENERATING STATIONS AND OVERHEAD 

TRANSMISSION LINES 

20.79.01 General 

Authority: Public Utility Companiea Article, 112·113, 2·121, and 

7·205 -7·208, 

Annotated Code of Maryland 

Notice of Final Action 

[09·291·F) 

On November 5, 2009, the Public Service Commission 

adopted amendments to Regulations .01 and .02, new Regulation .06, and the recodification of existing Regulation .06 

to be Regulation .07 under COMAK 20.79.01 General. 

This action, which was proposed for adoption in 36:19 

Md. R. 1478 - 1479 (September 11, 2009), has been 

adopted as proposed. 

Effective Date: December 28, 2009. 

TERRY J. ROMINE 

Executive Secretary 

Public Service Commission 

MARYLAND REGISTER, VOL 38, ISSUE 28 FRIDAY, DECEMBER 18, 2009 
1478 PROPOSED ACTION ON REGULATIONS 

.02 Incorporation by Reference. 

The performance and technical standards provided in this 

subtitle are found in the Department of Agriculture's Maryland Nutrient Management Manual (November 1999), 

Supplement No.1 (September 2000), Supplement No.2 (November 2001), Supplement No.3 (September 2004), Supplement No.4 (November 2005), [and] Supplement No.5 (November 2006), and Supplement No. 6 (May 2009), which are 

incorporated by reference. 

EARL F. HANCE 

Secretary of Agriculture 

Title 20 

PUBLIC SERVICE COMMISSION 

Subtitle 31 TERMINATIONS OF SERVICE 

Notice of Proposed Action 

(09-305-PI 

The Public Service Commission proposes to: 

(1) Amend Regulation .02 under COMAR 20.31.01 

General Regulations; and 

(2) Amend Regulation .03, adopt new Regulation .04, 

and recodify existing Regulation .04 to be Regulation .05 

under COMAR 20.31.03 Restrictions on Terminations. 

This action was considered at a scheduled rule-making 

meeting held on July 28, 2009, notice of which was given 

under State Government Article, §l0-506, Annotated Code 

of Maryland. 

Statement of Purpose 

The purpose of this action is to add a definition, revise the 

temporary utility winter termination restriction, and add a 

temporary utility summer termination. 

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 Terry J. Romine, Executive 

Secretary, Public Service Commission, William Donald 

Schaefer Thwer, 6 St. Paul St., Baltimore, Maryland 21202-

6806 or call 410-767-8067. Comments will be accepted 

through October 13, 2009. A public hearing has not been 

scheduled. 

20.31.01 General Regulations 

Authority: Public Utility Companies Article, §§2-113, 2-121, 5-101, and 

7-307, 

Annotated Code 

.02 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

,(1) - (19) (text unchanged) 

(20) 'Weather station area- means an area in which a 

utility's customer resides that is cOlJered by a U.S. National 

Oceanic and Atmospheric Administration weather radio station. 

20.31.03 Restrictions on Terminations 

Authority; Public Utility Companies Article, §§2-113, 2-121, 5-101, and 

7-307, 

Annotated Code 

.03 Winter Restrictions. 

A. - D. (text unchanged) 

E. Temporary Restriction. 

(1) In addition to the provisions of §A of this regulation, 

a utility may not terminate service to any residential customer [within a utility's designated weather station area in 

which the forecasted temperature made] for whom the high 

temperature forecast made by the U.S. National Oceanic and 

Atmospheric Administration for the customer's weather station area at 6 a.m. is not expected to exceed 32 degrees 

Fahrenheit [for the next 24] during the next 72 hours. 

(2) (text unchanged) 

.04 7emporar:y Residential Summer Restriction. 

A utility may not terminate Bernice because of nonpayment 

for any customer occupying a residential building for which 

the temperature forecast made by the U.S. National Oceanic 

and Atmospheric Administration for the customer's weather 

station area at 6 a.m. is expected to exceed 95 degrees Fahrenheit during the next 72 hours. 

TERRY J. ROMINE 

Executive Secretary 

Public Service Commission 

Subtitle 79 APPLICATIONS CONCERNING THE 

CONSTRUCTION OR MODIFICATION OF 

GENERATING STATIONS AND OVERHEAD 

TRANSMISSION LINES 

20.79.01 General 

Authority: Public Utility Companies Article, §§2-1l3, 2-121, and 

7-205 -7-208, 

Annotated Code of Maryland 

Notice of Proposed Action 

(09-291-PI 

The Public Service Commission proposes to amend Regulations .01 and .02, adopt new Regulation .06, and recodify 

existing Regulation .06 to be Regulation .07 under COMAR 

20.79.01 General. This action was considered at a scheduled rule making meeting on July 23, 2009, notice of which 

was given under State Government Article, § 10-506, Annotated Code of Maryland. 

MARYLAND REGISTER, VOL 38,ISSUE 19 FRIDAY, SEPTEMBER 11, 2009 
PROPOSED ACTION ON REGULATIONS 1479 

Statement of Purpose 

The purpose of this action is to clarify that modifications 

to power plants are subject to the Federal Clean Air Act and 

to add definitions. 

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 Terry J. Romine, Executive 

Secretary, Public Service Commission, William Donald 

Schaefer Tower, 6 St. Paul Street, Baltimore, Maryland 

21202-6806, or call 410-767-8067. Comments will be accepted through October 13, 2009. A public hearing has not 

been scheduled. 

. 01 Scope. 

The regulations in this subtitle apply to: 

A. (text unchanged) 

B. An electric company applying for a Certificate of Public Convenience and Necessity for the construction of an 

overhead transmission line or modification to an existing 

overhead transmission line; [or] 

C. A person requesting an exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station under 

Regulation .03 of this chapter[.l or 

D. A person making a modification under Public Utility 

Companies Article, §7-205, Annotated Code of Maryland. 

.02 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(1) - (3) (text unchanged) 

(4) ''Approval" as used in Public Utility Companies Article, §7-205, Annotated Code of Maryland, means a Certificate of Public Convenience and Necessity issued under Public Utility Companies Article, §§7-207 and 7-208, Annotated 

Code of Maryland. [(4)] (5) - [(5)] (6) (text unchanged) 

(7) Commence. 

(a) "Commence" with respect to a modification means, 

in general, initiation of physical on-site construction activities that are of a permanent nature, including installation of 

building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. 

(b) "Commence" with respect to a change in the 

method of operation, means those on-site activities other 

than preparatory activities that mark the initiation of the 

change. 

[(6)] (8) - [(17)] (19) (text unchanged) 

(20) "Regulated pollutant" means: 

(a) Any pollutant for which a federal or the State ambient air quality standard has been promUlgated, and any 

identified constituent or precursor pollutants regulated under an ambient air quality standard; 

(b) Any pollutant that is subject to any standard promulgated under 42 U.S.C. §7411; 

(c) Any Class lor Class 11 substance that is subject 

a standard promulgated under Title VI of the Clean Air Ac 

42 U.S.C. §7671 et seq.; or 

(d) Any other pollutant that is otherwise subject to 

regulation under the Clean Air Act, 42 U.SC. §7401 et seq. or 

Environment Article, Title 2, Annotated Code of Maryland, 

except that any or all hazardous air pollutants either listed 

in 42 U.S.C. §7412 or added to the list under 42 U.S.C. 

§7412(b) are not regulated pollutants unless the listed hazardous air pollutant is also regulated as a constituent precursor of a general pollutant listed under 42 U.S.C. §7408. 

[(8)] (21) (text unchanged) 

.06 Modifications to the Facilities at a Power Plant. 

A Except as provided in §C of this regulation, a person 

may not commence a modification to the facilities at a power 

plant without receiving prior approval from the Commission. 

B. A physical alteration, replacement, change in the 

method of operation, or any other change to an electric generating unit or other facilities at a power plant that will result in an increase in air emissions is subject to the requirement to obtain approval from the Commission under Public 

Utility Companies Article, §7-205(b), Annotated Code of 

Maryland, if the change will result in an increase of 1 ton or 

more per year in emissions of a regulated pollutant . C. The following changes do not require prior approval of 

the Commission: 

(1) Routine maintenance and repair, including routine 

replacement; 

(2) An increase in the hours of operation or in the production rate, unless the change is prohibited under any enforceable condition established after January 6, 1975, unde 

regulations approved under the Clean Air Act, 42 U.S. C. 

§7401 et seq.; 

(3) Use of an alternative fuel or raw material by reason 

of an order under §§2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974, 15 U.S.C. §791 et 

seq., or any superseding legislation, or by reason of a natural 

gas curtailment plan under the Federal Power Act, 16 

U.S.C. §791 et seq.; 

(4) Use of an alternative fuel by reason of an order or 

rule under §125 of the Clean Air Act, 42 U.S.C. §7425; 

(5) Use of an alternative fuel or raw material by a stationary source which: 

(a) The source was capable of accommodating before 

January 6, 1975, unless such change would be prohibited 

under any federally enforceable permit condition established 

after January 6, 1975, under 40 CFR §52.21, or under regulations approved under 40 CFR Part 51, Subpart 1 or 

§51.l66; or 

(b) The source is approved to use under a Certificate 

of Public Convenience and Necessity issued under Public 

Utility Companies Article, §§7-207 and 7-208, Annotated 

Code of Maryland, and any other required approvals, including permits issued under COMAR 26.11.02 or 26.11.03; 

or 

(6) Any change in ownership. 

D. An increase in air emissions is calculated in accordance with COMAR 26.11.17 or 26.11.06.14, as applicable. 

TERRY J. ROMINE 

Executive Secretary 

Public Service Commission 

MARYLAND REGISTER, VOL 36, ISSUE 19 FRIDAY, SEPTEMBER 11, 2009 
Title 20 PUBLIC SERVICE COMMISSION ,. 

Subtitle 79 APPLICATIONS CONCERNING THE 

CONSTRUCTION OR MODIFICATION OF GENERATING 

STATIONS AND OVERHEAD TRANSMISSION LINES 

Chapter 02 Administrative Provisions 

Authority: Public Utilities Article, §§2-121 and 7-205-7-208, Annotated Code of Maryland 

.01 Form of Application. 

A. The original application shall be: 

(I) Signed by an individual having authority with respect to the application and having knowledge of the 

application; and 

(2) Verified under oath. 

B. In its discretion, the Commission may prescribe the form of the application . 

. 02 Distribution of Application. 

A. The applicant shall submit to the Commission an original, 14 copies, and one electronic copy of the 

application. . 

B. In addition to filing the application with the Commission, the applicant shall simultaneously mail 

additional copies, and, if requested, provide an electronic copy to the following agencies: 

(1) The governing body and the planning and zoning commission of each county and municipality in which 

the project will be located (one copy); 

(2) The Department of the Environment (four copies); 

(3) The Office of Planning (one copy); 

(4) The Department of Natural Resources (six copies); 

(5) The Department of Business and Economic Development (one copy); 

(6) The Department of Transportation (one copy); 

(7) The State Aviation Administration (one copy); 

(8) The State Highway Administration (one copy); 

(9) The U.S. Department of Interior (one copy); 
(10) The Federal Energy Regulatory Commission (one copy); 

(II) The Federal Aviation Administration (one copy); 

(12) The Maryland Energy Administration (one copy); 

(13) The Office of People's Counsel (one copy); 

(14) The U.S. Fish and Wildlife Service (one copy); and 

(IS) The local electric company (one copy). 

C. The applicant shall also mail a copy of the application to any other State or local agency which may be 

affected . 

. 03 Proceedings on the Application. 

A. The Commission may hold hearings with any other stat~ or local agency having jurisdiction to issue any 

permit, authority, or certificate that is required before construction or operation ofa project can begin. 

B. In order to ensure timely completion of the proceedings, the Commission may impose a schedule of 

procedural dates which is subject to change only for good cause shown. 

C. Phased Proceeding Requests. 

(I) The applicant may request that the construction of a generating station be reviewed by the Commission 

in phases. 

(2) If a phased proceeding is requested and the request is granted by the Commission: 

(a) An applicant may file a partial application; and 

(b) The Commission may render separate findings of fact on any phase or issue within a phase. 

(3) Findings of fact rendered by the Commission under this section are not subject to further litigation 

unless warranted by new substantive issues or changed circumstances. 

Administrative History 

Effective date: February 10, 1997 (24:3 Md. R. 189) 

Regulation 02 amendtd effective November 8. 2004 (31:22 Md. R. 1597) 

Regulation .03e adopted effective November 8. 2004 (31 :22 Md. R. 1597) 

2 

• 

• 
Title 20 PUBLIC SERVICE COMMISSION 

Subtitle 79 APPLICATIONS CONCERNING THE 

CONSTRUCTION OR MODIFICATION OF GENERATING 

STATIONS AND OVERHEAD TRANSMISSION LINES 

Chapter 03 Details of Filing Requirements - Generating Stations 

Authority: Public Utilities Article, §§2-121 and 7-205-7-208, Annotated Code of Maryland 

.01 Description of Generating Station. 

The description of the generating station, including linear facilities, or the generating station modification 

shall include: 

A. Location; 

B. Design features; 

C. Operational features, including the expected capacity factor; 

D. The schedule for engineering, construction, and operation; 

E. A statement of the reasons for the selection of the design and the site of the generating station, including 

linear facilities, or generating station modification; 

F. A description of the impact of the project on the economics of the State; 

G. A description of the impact of the project on the stability and reliability of the electric system, or, if the 

impact is not known at the time of application, an explanation of the steps undertaken by the applicant to 

determine the impact, including the expected date for submission of the impact description; and 

H. To the extent feasible, the location and major design features of any required major electric system 

upgrade, including any associated transmission line, as a result of the project. 

.02 Environmental Information. 

A. The purpose of this regulation is to require the applicant to demonstrate that the application complies 

with applicable environmental restrictions. 

B. The environmental information shall include: 

(I) The following general information: 

(a) A general description of the physical, biological, aesthetic, and cultural features, and conditions of the 

site and adjacent areas; 
(b) A summary of the environmental and socioeconomic effects of the construction and operation of the 

project, including a description of the unavoidable impact and recommended mitigation; 

(c) A copy of all studies of the environmental impact of the proposed project prepared by the applicant; and 

(d) A statement of the ability to conform to applicable environmental standards; 

(2) A description of the effect on air quality, including the: 

(a) Ability of the generating station to comply with: 

(i) Federal or State ambient air quality standards; 

(ii) Federal or State emission standards; 

(iii) Federal new source performance standards; 

(iv) Federal emission standards for hazardous air pollutants; 

(v) Prevention of significant deterioration and new source review provisions; and 

(vi) Any requirement to obtain emission offsets, allowances, and reduction credits. 

(b) Impact on prevention of significant deterioration areas and existing nonattainment areas; and 

(c) Information and forms required by Department of the Environment regulations relating to permits to 

construct and operating permits under COMAR 26.11; 

(3) A description of the effect on water quality and appropriation, including: 

(a) An analysis of the availability of surface water and ground water for the proposed generating station; 

(b) The identification of affected streams and aquifers; 

(c) The impact on other water users; 

(d) The mitigation and minimization techniques evaluated; and 

(e) The information and forms required by Department of the Environment regulations relating to water use 

and appropriation under COMAR 26.17.06.07 and 26.17.07, if applicable; 

(4) A description of the effect on State or private wetlands, including: 

(a) Public"health and welfare; 

(b) Marine fisheries; 

(c) Shell fisheries; 

(d) Wildlife; 

2 
(e) Protection of life and property from flood, hurricane, or other natural disaster; 

(0 The evaluation of mitigation and minimization techniques. including proposals related to replacement 

lands; and 

(g) The information and forms required by Department of the Environment regulations relating to a license 

for use of State tidal wetlands or nontidal wetlands under COMAR 26.23 and 26.24; and 

(5) A discussion of the economics and availability of means for the disposal of plant-generated wastes . 

. 03 Condemnation. 

If the applicant is requesting authority to exercise a right of condemnation in connection with the 

construction of a generating station, a statement of the reasons the generating capacity is necessary to 

ensure a sufficient supply of electricity to customers in the State as required under Public Utilities Article. 

§7-207(bX2), Annotated Code of Maryland. 

Administrative History 

Effedive date: February 10, 1997 (24:3 Md. R. 189) 

Regulation .01 amended effective November 8, 2004 (31:22 Md. R. 1598) 

Regulation .028 amended effective November 8, 2004 (31:22 Md. R. 1598) 

Regulation .03 adopted effective November 8, 2004 (31 :22 Md. R. 1598) 

3 
MICHIE'STM 

ANNOTATED CODE 

OF THE PUBLIC GENERAL LAWS 

OF MARYLAND 

PubHc Utility Companies 

ENACI'ID BY CRAPl'BR 8, AcrrJ 1998 

Prepared by the Editorial St8ft' of the Publishers 

CollBUlttJnU 

State Department of Legislative Services 

2008 Replacement Volume 

UncludUW Act. of til. 2007 &gular and Special &"WM. with Gnnotatio,.. 

toAre,. from dec;,wM pofted u of FebrulllY 20. 2(08) 

•• 

LexisNexis· 
LexiaNexia and the Knowledp Bunt lop are registered trademarb. and Michie iI a 

trademark of Reed Elaevier Propertiee, Ioc., uaed under Ucense. Matthew Bender iI .. 

a reJiatered trademark of Matthew Bender Properties, Inc. 

o 1998, 2008 Matthew Beuder • Comp8ll1, lac., • meaabar of the LaiaNe_ Group. 

All ripu re_rved. 

P.O. Box 7587, Charlottesville, VA 22906-7587 

'4890411 

,PuUlIDSl 

• 

• 
§ 7·205 ANNoTA'l'BD CoDa or MAJm.AHn 

=8i;:=r:J:ljy~u!e:::~~=-

§ 7·201. Eleetrio compaDie. - Modification of power 

plant. 

(a) -Modi/it:4tion- M(i.Md. - (1) In this .ection, -modification- me&DI a 

physical alteration of, replacement of, or other c:hanp to the facilities at a 

power plant, or a cbanp in the fUel used by the plant, that could result in a 

change of the air emissions from the plant or from a generatiq unit of the 

plant. 

(2) "Modification- does not include: 

(i) routine maintenance or repairs of the facilities of a power plant; or 

(ii) a chanp that the Commission determines will not result in an 

increaae in air emissiona from the plant or ftom a pneratina' unit of the plant. 

(b) Prior approval of Commiaion required. - Subject to subsections (c) 

through (e) of this section, a penon may not commence a modiacation without 

the prior approval of the Commiaaion under this title. 

(c) FUi,.. of applkatiora. - (1) Unlesa the Commjl8ion orders otherwise, 

an application for a modification to a power plant shall be flied with . the 

Commission at least 180 days before the date on which the modification is to 

commence. 

(2) The applicant for the modification shall lU~t to the Commission and 

to the Department of the Environment aU information relating to the modi1l~ 

cation, including: " 

(i) detailed plans and speci1lcations; and 

(ii) the impact of the modification on air quality. 

(d) Decision. - The Commission shall render its decision within 150 days 

after the day the application is flied. 

(e) Applic4bility of temporary fuel fJtU'iGncu. - Notwithstanding the p~ 

visions of this section, a modi1lcation to a power plant that involves the 

short~tenn inability to obtain the type of tUelllOJ'lD8lly used by the plant ia 

subject to ntle 2, Subtitle 5 of the Environment Article. (An. Code 1957, art. 

78, I 54-1; 1998. ch. 8. t 2; 2001. ch. 347; 2006. ch. 162.) 

Bfreet 01 ..... dm.eata. - Chaptao 182, leu tbu or equal to the 18\'et. that·were. buia 

Act. 2008. effective July 1. 2008, ill (a)(2)(11). for the iuuaD .. of a prior certiJlcate or public 

aubmtuted "the CClllUll.iaioa .•. f4 the pJaD&" coavenieace aacI aecueity UDder • 7-20'1 of 

for "would "result in ambient air quality levela thia aubtiUe. • 

Electric compaDiea-CleaaAir Act modi8cati 

~_~ - Thie section appliee to the ins of pollution 

control equipment or in the me tiOD at a generating 

station that a person performe comply with Phase n pollution 

control requirements Ofthe~ '. 

(b) Commiuio1l . orad approval. - Anj that performe an 

installa . c anp in operation under subaection (a) 0 ~tion shall 

~;aw prior review and approval of the Commission in accordance~ 

130 
PuBLIC UnLiTY COMPANIIS I 7·207 

1) " 7-203,7·207, and 7-208 ofthia subtitle; and 

( the procedures set forth in f 7-205 of this subtitle and f 2-405 

EnvUonm: t Article. 

(c) EZpedl reuiew and approual. - In order to meet comp' ce datel I 

established und Title 2, Subtitle 10 of the EnvironmentArtic r the federal ' \

Clean Air Act, a mmieaiOll review and approval, or inc Or an 

application for a of public convenience and 'ty under f 7-207 

of this subtitle, shall be ·ted and take preced over other review and 

approval by the Commiuion review and ap al or certificate of public 

convenience and neceaaity is reqlB{'tMl 

(1) for pollution control equipm in the method of operatioD 

at a generating station; and 

(2) for compliance with: 

(i) Title 2, Subtitle 10 of Environm Article; 

(ii) regulations adop , the Departmen 

Title 2, Subtitle 10 of the vironment Artide; or 

(iii) the federal ean Air Act. (An. Code 1957, art: 8, f 54L; 1998, ch. 

8, f 2; 1999, ch. 1; 2001, ch. 347; 2006, chs. 23, 301.) 

Bft'eat 01.. ta. - Chapten 28 and , etrective .July 1, 2008, are 

added (c). 

ew letter. - Chapter 28, Ada 2006 

Bill 154) wu approved f'or ccmatitutionand Iepl aaJlldeDCJ .. it wu CDDCluded 

t the proviIjoD .tablilhinl • penalty 01 

IIUITeIlder or auJCur dioside alln.aee. 

tam f'ailuree to achieve COM.DlIaaal'U 

empted by the rederal CIeaD Air AA RQw'8V8r" 

if tbJa proviaiOD is iD fact preempted,' ia 

MYerable aDd the remaiDder of the bill may p.. eft'ect. <Letter of the Attome, General 

dated April 5, 2008.) 

I 7·207. Generatbi, stations or tran8lllill8fon lines - General certification procedure. [Amendment subject to abrolation). 

(a) ·C01l8tructio,,· defined. - (1) In this section and f 7-208 of this subtitle, ·construction- means: 

(i) any physical change at a site, including fabrication, erection, installation, or demolition; or 

(ii) the entry into a binding agreement or contractual obligation to 

purchase equipment exclusively for use in construction in the State or to 

undertake a program of actual construction in the State which C8DI10t be 

canceled or modi1ied without substantial 1088 to the owner or operator of the 

proposed generating station. 

(2) ·Construction- does not include a change that is needed for the 

temporary uee of a site or route for nonutility purposes or for use in securing 

geological data, including any boring that is nec:eaaary to ascertain foundation 

conditions. 

(b) Certi{icau ofpublic conuenience and neceuUy required. - (1) (i) Untess 

a certificate of public convenience and neceuity for the construction is firat 

obtained from the Commission, a penon may not begin construction in the 

State of a generating station. . 

(ij) If a penon obtains Commission approval for construction under 

I 7-207.1 of t.hie subtitle, the Commieaion shall aempt a perlOn from the 

131 
f 7·207 

gp~Of electricity 

GlftiI ..... r1'Urbt of coDCIemnation 

rn .... nt_ station. 

(c) Not. 10 ilaurelled pe"""" - (1) On nceipt of an appJicatiOD tor a 

certificate ~pub1ic c:onvemence and neceuity UDder this HetiOD, the CCJDUDia. 

siOB sba1l provide notice to the Department of Plann;n, and to all other I 

Interested periODS. . 

(2) The Department of piannin, shall fbrward the appJicatiOll to each 

appropriate State unit and unit oflocal pwmment tor nwiew, evaluatiaa, and 

coJlUD8nt reprdina the aipi1lcance of the propGIal to State, area-wide, and 

local plau or pl'Op'8lll8. ; 

(d) Public Maring. - (1) The COIIUDiB8icm abaU provide an oppartuDity tor I 

public comment and hold a public bearina OIl the applicatiOD for a certiflcate fI 

public CODVeaiace and neceuity In each county and municipal corporatiQll in I 

which aDy portion of the COD8truetioD of a aeneratina statiOll or of aD overhead I 

tranBmiuiOD 11118 deaiped to CIII'l7 a voltap in ac:ess of 69,000 volt. is :. 

proposed to be located.· ! 

(2) The CommiMicm ahaIl hold the pubUc bearina jointly with the pvem_ I 

inc body of the county or municipal COrporatiOll iD which aDJ portiOll of the ; 

conatructiOll of the aeneratinc station or cmtrhead wn1miqlOll liDe is pr0-

posed to be located, unIeu the peming body declin .. to participate in the 

hearinc· 

(3) Once in each of the 4 aucceuive weeki immediately befon the hearing 

date, the Comm;IIiOD ahalI provide weekly DOtlce oltlle pubKe hearina and an . opportUDity for public comment by advartiIem_t in a D8WIpaper of genenl 

circulation in the county or municipal corporation a&cted by the application. ! 

(4) (1) The Commi88ion ahalI ensure prel8Dtation aDd recommeadatiou : 

ftom each interested State unit, aDd Ihall alhnr repreHDtatiw. fI eac\ State : 

UDit to lit during heariDa of aU parti •• 

(ll) The Cnmmi'licm shaD allow each State unit 11 eta,. after the ; 

conclWlion' of the heariDg to modift the State unit'. initial recomJDendatiou. 

(e) Final adioll by Cmnmiaion. - The Commiaafon shall tab flDal actiOD 

on aD applicatiOD for a certUlcate ofpublic COIlveDieDce and neceuity 0DlJ after 

due eo_deraaOll oe 

(1) the recommeDCIatioD of the avvaraiDa body ofeach county or municipal 

corporation in which 8D7 portioD of the COIl8truc&iOD of U. paeratiq station 

or overhead tranlDlillicmliDe is propoled to be located; and 

(2) the eft'ec:t of the generating atatiOll or overhead tranlDlil'rion liie on: 

132 
PuBlJC UTILlTY COMPANIES f 7-207 \ 

(i) the stability and reliability of the electric system; 

(ii) economics; 

(iii) esthetics; 

(iv) historic sites; 

(v) aviation safety as determined by the Maryland Aviation Administration and the admjnjstrator of the Federal Aviation Administration; 

(vi) when applicable, air and water pollution; and 

(vii) the availability of means for the required timely disposal of wastes 

produced by any generating station. 

service. 

(g) 7hlnsmiuion' ,..,. airport runway. - (1) Th ODUD1881on may 

not authorise, and an 'c company may not uncle , the construction of 

an overhead tranamiui . e that is aligned with 'thin 1 mile of either 

end of a public airport run , unle88: 

(i) the Federal Aviation dmjnjstration rminee that the construction of an overhead tranamisaio line will ot constitute a hazard to air 

navigation; and 

(ii) the Maryland Aviation Adlq,a 

tion. 

I 

I , 

I 

I 

i 

I 

(2) A privately owned airpo .ay 

runway under this subsection y if the run 

qualify as a public airport I I 

has been on file with the 

Federal Aviation AdminiatrB . n for at least 2 18 being open to the public ! 

without restriction. 

(h) Action on certGi 

neceNity. - The C . 'on shaD consider and take 

application for a 'ficate ofpublic convenience and nece8S in an expeditious manner' application is for the construction of a gene . g station: 

(1) tha designed to provide electricity for a single electri customer 

that t least 1,500,000,000 kilowatt hours of electricity each 18 and 

(2 'th a generating capacity that does not exceed 760 megawatts, An . 

.... --· ........ 967, art. 78, I 54A; 1998, ch. 8, t 2; ch. 653; 1999. ch. 3.1 1; ch. 4,1 ; 

• ch, 209, t 2; 2001, ch. 666; 2006, ch. 110; 2006, ch. 630; 2007, ch, 163. 

Chapter 183, Acta 2007, eft'ectiye July 

2007, reenacted (b) without c~ 

EdItor'. Dote. - ~10!!11~- 2008, pzwidee tha _rlL~ 

JUDe I, 2OIIIIfioIIri 

133 

! 
§ 7-207 ANNOTATED CoDI 0' MARYLAND 

'on 0'1111 inappropriately developed ca- 207(c) or 7·208(d) o,tbi. lubtitle that JMgJIIDRI ....... 

tutrop r. ftJiD, did not meeuhe require- 8el"¥ice 0' DOtice at the date be 

mente at tid. au' aryland Fire UDder- given to iDtereated pe , thWi the petiwriten Bali.., Bureau 'I. Camm'r, tion fiJr revi not filed within the time 

260 Md. 2S8, 372 A.2d 24 (1971). limi by Rule 7·203, II11d becauae at 

Penoaal aenIee ofaodee olbeulal Dt!II>oICIIil time the action wu ftIed. petitionen had 

requ ...... - Petitioner" action 11 - aUllt their admiDiatrative remedy 

tory reUel pIlnaant to • the Cowta as required bJic Utility Com.,.me. 

ArtIcle chaD it of a plan to build a ArtIcle olthe MarylaD. uae au earlier 

wind ity w. properly denied, be- action was It.ilI pendiDr. 0' was DO requirement in either It 7· Md., 400 Md. I, 928 A.2d 288 (2007). 

(Abrcwation of amendment effectiue June 30, 2011.) 

I 7·207. GeneratiD, stationa or tranamisaion Une. - General certification procedure. 

(a) ·Construction-defined. - (1) In this NCtion and § 7·208 of this subtitle, 

"construction- means: 

(i) any physical cho"lfl at a site, includi,.. fab,.ication, erection, installation, 0,. tUmolition; 0,. 

(ii) the entry into a bindi,.. OIIreement 0,. contractual obliBation to 

purchOBl equipment uclu.iuely fo,. use in construction in the State 0" to 

underlake a program of actual const,.uction in the State which cannot be 

canceled 0,. modi/kd without .ubstantial 10S8 to the owne,. 0,. operator of the 

proposed generali,.. station. 

(2) "Const,.uction- t:lou not include a cM,..e that is needed fo" the 

temporary use of a site 0,. route fO" non utility pu,.pose. 0,. for use in secu,.ing 

geological elata, includi,.. any ba,.i,.. that is neceBsary to ascertain foundation 

conditions. 

(b) Certificate of public convenience and necessity requinJd. - (1) (i) Unless 

a cenitkate of public convenience and necessity fo" the const,.uction is fint 

obl4ined from the Commission, a penon may not begin construction in the 

State of a generali,.. sl4tion. 

(ii) If a person obl4ins Commission approval fo" construction unde,. 

§ 7-207.1 of this subtitle, the Commission shall ez.empt a penlOn from the 

requirement to obl4in a certificate of publ~ convenience and necessity "nde,. 

t.his section. 

Unless CJ certificate of public conuemence and nece .. ity for the const 

tion iB fi,.s . (rom the Commission, and the Commiaion that 

the capacity is ne to ensure a sufficient supply of el to custOmf'l 

in the State, a penon m rcise a right of. mnation in connection 

with the construction of a ge1UUuti __ "",~ ___ -

(3) Unless a certificate of pub' lien and neceSlity fo" the con.truction is fi,.,t obl4inecl (rom ommiuion. an el,c:tl"ll~lnuHJ 

construction of a ead transmission line that is designe a lIoitage 

volts 0,. f%erciae a right of condemnation with tM l!I'IIUtl~, 

c Otice to intereBted persons. - (1) On receipt of an application fo" a 

certificate of public convenience and neceBBity uncle,. this section, the Commis134 

. 

I 

i 

! 
• 

PuBuc UTlLlT'l CoMPANIBS S 7·207 

Iiora .IuJU provuu notice to 1M DeptJl'tment of Planning and to all otMr 

inMreBt«l persona. ! 

(2) TM Department of Pltmni,.. .hall forwtJl'd tM appliaJtion to each \' 

appropri4te State unit and unit of localgowrnment for review, evaluation, and 

commenl regardin6 tM .ip.ificance of tM proposal to State, area-wuu, and ' \

local plGIU or pro61YJ1M. I 

(d) Publil: 1u!.ori1lll. - (1) TM Commission .hall provuu an opportunity for i 

public commenl and hold a public M4rin6 Oft tM application for a certificate of I 

public convenienee and MCa.ity in axh count)' and municipal corporation in I 

which any portion of tM construction of a generalinll .tation or of ora owrMad \' 

trtInsmis,ion line de,igned to carry a voltage in e%CeBB of 69,000 volt' is 

p~ to be located. 

(2) The Commission shall hold tM public Mari,.. jointly with tM govern- ! 

i1I6 body of tM count)' or municipal corporation in which any portion of tM I 

eonstnu:tion oftlu! generati1l6 station or owrMad transmission line is proposed 

10 be locaUd, unla. tM gowrni,.. body decline. to participate in tlu! lu!ori"6. " 

(3) Onee in each of tM 4 succes.iw weelu immediately before tlu! Mari"6 

dote, tM Commission .haU provuu, wee"'y notice of the public hMJri"6 and ora 

opportunity for public comment bY adwrtitMmenl in a new.paper of general 

circulatiora in tM county 01' municipal corporation affected by the ,application. 

(4) (i) The Commis.ion sluJU eMUre pruentatiDn and recommendations 

from each interested State unit, and shall allow representative. o( each State 

unit to .it durUW hearing of aU partiB,. ~ J 

(ii) The Commission .hall allow each St4te unit 16 '"V. after the 

conclusion of the heari,.. to modify the Sfate unit~ initial recomlflBnd4tions. 

(e) Final action by Commis.ion. - The Commis.ion shaU talel final action 

• on an application for a certificate of public convenience and nece_ty only after 

due consideration of: 

(1) the recommendation oftM gowrnuw body of each county or municipal 

corporation in which any portion of the construction oftM ,enerati"6.tation or 

overMtJd transmis.ion line is propoBed to be located; and 

(2) the effect of tM ,enerati1l6 station or owrMtJd transmis.io~ line on: 

(i) the .tahilit)' and relillbility of the electric .,.tem: 

(it) economU:'; 

(iii) estlu!tics; 

(iv) 1ai.atoric sitea; 

(v) aviation safety QI determined by the Maryland Aviation Administration and the administrator of tM Federal Aviation Administration; 

(vi) wlu!n applictJble, air and water pollution; and 

(vii) tM availability of means for the requintl timely disposal of WaIte. 

roduud an nerati .tat· 1r7"'1o;D1: .. ,truction of overhead transmission line •• - For tM conatruc'n·n .... ..-rl!JI. 

overlu!atl . . n line, in addition to the consuurat' . in .ub,ection (e) of this section, t . ion .hall t action on an application 

for a certificate of public conwnie ity only after ~ considtration 

of the need to meet future de . .eroice. 

(61 7ta .. n ina near airport runway. - (1) TM 0 •• n may Mt 

1IUoHrDfiue, and an electric company may not undtrtalce, tM constructiO,~ ....... · .. 

... 

136 
• I 7-207.1 

I 7-207.1. GeDeratinl statio .. or tnniamt88i_ lbaes - On· 

alte leDerated electrieitJ; approval proce ... 

(a) AppliaJlima. - Thia aectioD applies to a pencm who: 

(1) COD8tructa a ganeratiDa statioD: • I 

(D .-peeI to prcrride OIl-site ....... ted electriaity it 

1. the capacity of the pneratiq atatiaD doe. ~ uceed 70 map-I 

watts; and . i 

2. the electricity that III8J be aported tbr sale from the pneratiDll 

statiOJl to the electric s,... ia sold ~ OIl the wholesale market PUI'IWIIlt to : 

an inten:oDDectioD, operaticm, and maiDtaa8DC8 qreemeDt with the local ; 

electric compur, 01' 

(li) that produce. electricity Cram wiIuI if 

1. the pneratiDc station is land-bued; 

2. the capacity of the pneratm,ltatiGD do. no' aceed 70 m .... : 

watt.; I 

3. the electricity that may be aported tbr l81e from the aaeratiDa " 

• station to the electric s;ptem il801d cml7 on the whol8l8l. marW panuant to ; 

an inten:oDll8CtioD, operatioa, and me;n .. en.. qreement with the local 1 

electric CGmpanr. and "! I 

4. the Commiuion ~ an opportunity tor public comment at a 

public heariD. u provided in IUbeectioD (e) 01 thi8 aectioa; or 

(2) COIlItrud8 a ..... tiDc ttatiOJl if 

(D the capuity of the pneratlDa atatiClll doeInot uceed 21 mepwattl; 

(il) the electricity that; may be aported r. sale Cram the .... _ 

station to the electric s;pte1D illOId cml7 OIl the wboleAle market: panuant to 

aD iDtarcODDection. operatiOD, and main_ence qreem .. 'with the JocaI 

electric companr. aDd • 

(iii) at lead 1" of ~ electricity paerated at the puratm, statioD 

each yur is COIUIumed CllHite. 

138 
PUBLIC UTILITY COMPANIES § 7-207.1 

ReqlliN!mentB. - (1) The Commission shall require a person that 's 

exem from the requirement to obtain a certificate of public conve . nce 

and nece 'ty to obtain approval from the Commission under tho section 

before the on may construct a generating station described' subsection 

(a) of this sectio 

(2) An applicat for approval under this section s 

(i) be made to Commission in writing on a 

Commission; 

(m be verified by oath affirmation; and 

(iii) contain information tli the Com 

1. proof of compliance with 

pendent system operator; and 

2. a copy of an interconn on, op tion, and maintenance agreement between the generating s on and the I electric company. 

(c) Review of applicatio1l8. When reviewing plication for approval 

under this section, the Co . ssioD shall: 

(1) ensure the safe and reliability of the electric sy. ; 

(2) require the non constructing the generating statio to ,,"otify the 

Commission 2 w before the first export of electricity from a 

station appr under this section; and 

(3) co uct its review and approval in an expeditious manner. 

(d) m ver. - The Commission may waive an element of the approv 

proc s under this section if the Commission determines that the waiver is in 

ub' in 

(e) Public comment, notice, and hearing. - (1) The Commission shall 

provide an opportunity for publ~c comment and hold a public hearing as 

provided under this subsection on an application for approval made under 

subsection (aX1)(ii) of this section in each county and municipal corporation in 

which any portion of the construction of a generating station is proposed to be 

located. 

(2) Upon the request of the goveming body of a county or municipal 

corporation in which any portion of the construction of a generating station is 

proposed to be located, the Commission shall hold the public hearing jointly 

with the governing body. 

(3) Once in each of 2 successive weeks immediately before the hearing 

date, the Commission, at the expense of the applicant, shall provide.weekly 

notice of the public hearing and opportunity for public comment by advertisement in a newspaper of general circulation in the county or municipal 

corporation affected by the application. (2001, ch. 655; 2005, ch. 156; 2007, ch. 

163.) 

report to the Governor and, in accordan 

§ 2·1246 of the State Govern IC e, the 

Senate Finance Co . iDd the House Eco- r ..... -ro.ommittee on: 

ber of applications for and the 

locations of win • neratin, stations 

for which approval is nder • 

7·207.UAJI lXiil of the Public Utility Comp 

Article. aa enacted by this Act; 

137 • 
t 7-208 ANNarATBD CODS or MARYLAND 

lttatue of the applicatioftl 8Jld the SectioD 3, th. 183, Acta 2001, provi~_ 

I!xtent to w wiad-powered paerati", ~thia Ad may no& be COIlII .iDft the 

statiou have beeD cona obtaini", replatol7 aut Sta. or local 

approval from the CoIDIDiAiOll iD 8iaRalo_~~a=PD~q~:; pect to matten relati ... to a 

with th. Act; aad paeratlq .tadoD that Ie ea-

"13) the oItatue of anI l'eplatol7 empt hID ' eM to obtaiD a certildertakea b7 other State or with cate of pubUc COIMIaieace UDder 

resped to the reel paerati", Ita- It 7-207 aIld 7-208 of tile PubJic Utiliti 

tiou.- an' to , 4, ch. 163, , 2 ahaII cI .. -

• on JUDe 30, 2010. 

§ 7.208. Generating station. or traD8llliaaion Une. - JoiDt 

CODstruCtiOD 01 statioD anel B8IIOCiateelliaea. 

(a) Scope of section. - Thia section appliel to any peraon: 

(1) constructing a generatm, station and ita uaociated overhead traoemiasion lines designed to cB1'17 a voltage in ace .. of 69,000 volts; or 

(in e.ereilill, the ........... emnntiea iIl ... _._ wi ... tile ........ 

1ear-

(b) Fili,.. wit" Commis.iora. - (1) To obtain the certiAcate of public convenience and necelsity required under I 7-207 of this subtitle for CODStruction 

under tha section, a person shall flle an application with the Commission at 

Ieut 2 years before construction of the facility will commence. 

(2) The Commission may waive the 2-year requirelftent on a showing of 

good cause. 

(c) Content •• ~The applicant shaD: . 

(1) Jnclude in an application under this section the information that the 

Commission requests initially; and 

(~) tbmish any additional information that, the Commission request. 

subsequently. 

(d) NOfU:. and public Maring. - (1) On the receipt of an application under 

thil section, together with ~ additional information requelted under su~ • 

section (c)(2) of this section, the Commission shall provide notice to: 

(i) all interested peraOll8; 

(ii) the Department of Alriculture; 

(iii) the Department of BUBin .. 1 and Economic Development; 

(iv) the Department of the Environment; 

(v) the Department of Natural ReSOUl'C8l; 

(vi) the Department of Transportation; and 

(vii) the Department of Planning. 

(2) The Commiaaion shall hold, a public hearing on the application u 

required by I 7-207 of tha subtitle, after: 

(i) the receipt of any additional information requested under subsection 

(c)(2) of trul section that the Commission considen necesaar,r. and 

(ii) any pUblication of notice the Conuni.saion conaidera to be proper. 

(3) (i) At the public hearing, the Commiaeion shall enaure presentation of 

the information and recommendations of the State unit. specified in paragraph (1) of thia subsection and shall allow the official representative of each 

unit to sit during hearing of all parti ... 

138 

. , 

I 

j 

• 

.. 
Pt:BLIC UTILITY Cl):\IPANIES § 7·208 

liB Based on the evidence relating to the unit's at'eas of concern, the 

Commission shall allow each unit 15 days after the conclusion of the heating 

to modify or affirm the unit's initial recommendations. 

Ie) Commission decision. - Within 90 days after the conclusion of the 

hearing on an application under this section, the Commission shall: 

11) (i) grant a certificate of public convenience and necessity unconditionally; 

(ii) grant the certificate, subject to conditions the Commission determines to be appropriate; or 

(iii) deny the certificate; and 

(2) notify all interested parties of its decision. 

If) Inclusion of federal and State environmental laws and standards in 

certificate. - (1) The Commission shall include in each certificate it issues 

under subsection (e) of this section: 

(i) the requirements of the federal and State environmental laws and 

standards that are identified by the Department of the Environment; and 

(ii) the methods and conditions that the Commission determines are 

appropriate to comply with those environmental laws and standards. 

(2) The Commission may not adopt any method or condition under 

paragraph (l)(ii) of this subsection that the Department of the Environment 

determines is inconsistent with federal and State environmental laws and 

standards. 

(h) Additional a,.,thority to construct. - The grant of a certificate by the 

Commission to any person under subsection (e) of this section constitutes: 

_~=:;:::,!Zsm; =:: ~:::::.:e; (2) registration and a permit to construct, as required under Title 2, 

Subtitle 4 of the Environment Article. (An. Code 1967, art. 78, § 54B(a); 1998, 

ch, 8, § 2; 2000, ch. 209, § 2; 2001, ch. 347.) 

l39 

• 
f 7-209 ANNOTATED CODI or MARYLAND 

Ice of notice of the data of a beuint be t.bJllhmmt of • pcrwer traulDluioa line 1'0 

p.e .ted penoaa, aJUl th. the ped- to conI'oraa with a COIDmJaioD DO 

tion for revi &led withiD the time matter who w .. pNlllllt th., wen 

limit JIII'OVidecl bJ Rule • becaUM at held, did DOt • -publle hearin .. 

the time the acti_ w .. &1'" bel witbID mplatioa 01 fonaer Art. 78. 

railecl to exll_.- their aclmiDiatrative ree:::~:;:::::IICIIP:' 1·207 olthiu,ticlel aDd thIa u reqWnd ." tM Publle UtilitJ Com.,. An. 78,. 54BI 10 .. to reqWn 

ArticleottM M."tand Code beca irlier the noli_ to 0 ...... called tor bJ 

action w .. ,un pead y. PSC of th.e .tatu .... Boutoli. IIUIIII EdieoD Co., 

Md., 400 M4. I, 238 (2007). 282 Mel. 141. 383 A.2cl 88t ( 

MeoI_It1IIM CODedt1ldal "pub'" ...... - ,.,. mee&iDp held to cllIcuIe the .. 

(8) g,IUIral. - 'nle Commialion shall examine alternatives to 

struma a new traDamiaaiOD line in a service area, incIudiq the 

aiatina . Il line of another company, if . 

(1) the . tina transmission line is convenient to the servi area; or 

(2) the of the tranamislion line will beat promot;e nomic and 

etBdant service the public." 

(b) Frtuu:Iaise (I (odor. - In conaiclerinc the use of. 

mission line under baection (a) ot thi. section, the • on need not 

conaider whether the mpany that OWD8 thelina haa franchise in a service 

area. (An, Coda 1967. 78, I 73(b>i 1998, ch, 8, I .) 

f 7·210. MUDiclpal e'ta.!t:wol, 

(a) 8co1M of SlClio", - '1'hiI apply to Baltimore City. 

(b) 1,. gen,ral. - (1) A mum Don IDa7 not build, maintain. or 

operate a plant for 8upplyini or 'city. for. other than municipal 

purpoII88 unl .. the municipal corpa • n baa a cerWlcate of authority trom 

the Commiaaion. 

(2) It the CommiBlion deni.. te of authority, the municipal 

corporation may not reapply tor ce te until at least 8 months have 

elapaecl trom the date that the mmisaion ed the preriOUl application. 

(c) Ownership or Jlnonc' plant allowed. Subject· to subsection (b) of 

thi8 aection. a municipal tion in Ule • of supp1yinc electricity for 

other than municipal p may own or ftnan intereat in an electric 

plant to secure an enti eJDent of electricity fiJr ita 

(d) Authority to sa l"lectricity withba GII1U!z.ed 

of a municipal co tioD are enlarged by annexation, municipal corporation mayac . the exduaive right to supply electricity 'thin the annexed 

area if 

(1) the 'cipal corporation: 

(i) a petition with the Commission seekin, approval to cquire the 

excluaiv • gilt to supply electricity within the annaed area; 

. provide. a COP)' of the petition to each electric COMpan whose 

servi territory or electric plant will be aft'ectacI by the annexation; an 

(iii) attachea to the petition a copy of the amendment to the mum 

ration charter that describes the ana annexed and a description ot 

140 

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