COMAR 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 ofthe 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 26.11.01.0I-approval required, except for electric generating stations that receive a certificate ofpublic convenience and necessity (CPCN) under Public Utility Companies Article, §§7-207 and 7-208, Annotated Code ofMaryland; (2) Prevention ofSignificant Deterioration (PSD) Source, as defined at COMAR 26.11.01.0I-approval required, except for electric generating stations that receive a certificate ofpublic 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 26.11.01.0l-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 26.11.01.0l-permitto construct required, except for generating stations constructed by electric companies; (5) Stationary source oflead that discharges I ton per year or more oflead or lead compounds measured as elemental lead-permitto construct required; (6) All sources, including installations and air pollution control equipment, except as listed in Regulation .10 ofthis chapter-permitto construct required. B. In the event ofa conflict between the applicability of§A(IH5) ofthis regulation and an exemption listed in Regulation .10 ofthis chapter, the provision that requires a permit applies. C. Approval ofa 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) ofthis 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 ofthe following sources without first obtaining, and having in current effect, a permit to construct: A. Electric generating stations that receive a certificate ofpublic convenience and necessity (CPCN) under Public Utility Companies Article, §§7-207 and 7-208. Annotated Code ofMaryland; B. Motor vehicles, steamships, tugs, and railroad locomotives;C. Fuel-burning equipment and space heaters using gaseous fuels orNo. I orNo.2 fuel oil with a heat input less than 1,000,000 

### Btu (1.06 gigajoules) perhour;
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 26.11.09.01B;
F. Bench scale laboratory equipment used exclusively for chemical orphysical 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 orreleased from specific units ofequipment; I. Water cooling towers and water cooling ponds unless used for evaporative cooling ofwater from barometricjets orbarometric condensers, orused 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 orhydrostatic testing;
O. The following equipment or an exhaust system or collector servicing exclusively this equipment: (I) Blast cleaning equipment using a suspension ofabrasive 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 ofthese, (4) Confection cookers where the products are edible and intended for human consumption, (5) Drop hammers orhydraulic 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 ofwood or wood products,(9) Equipment for surface preparation ofmetals by use ofaqueous 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 orbleach or detergents, (12) Containers, reservoirs, or tanks used exclusively for electrolytic plating work, or electrolytic polishing, or electrolytic stripping ofbrass, 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 ofmunicipal solid waste and that are not major sources; P. Natural draft hoods ornatural draft ventilators; Q. Containers, reservoirs, ortanks 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 ofnatural or synthetic resins which contain no VOC, (3) Storage ofbutane, 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 ofNumbers 1,2,4,5, and 6 fuel oil and aviationjet engine fuel, (7) Storage ofmotor 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, orother 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 ofwhich 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, orresidential house-keeping purposes; U. Charbroilers and pit barbecues as defined in COMAR 26.11.18.01 with a total cooking area of5 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 1ton per calendaryear ofeach 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 ofa Class I toxic air pollutant, as defined in COMAR 26.11.15.018(4). 

# •

•

•1818 FINALACTION 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: AgricultureArticle, §§2-103, 5-204, 5-207, and 5-210.2, Annotated Code ofMaryland Notice ofFinalAction [09-296-FJ On October 27, 2009, the Secretary ofAgriculture adopted amendments to Regulation .08 under COMAK 16.05.01 Use and Sale ofPesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Li· censing ofPesticide Businesses. This action, which was proposed for adoption in 36:19 Md. R. 1476 -1477 (September 11, 2009), has been adopted withthe nonsubstantive changes shown below.

Effective Date: November 18, 2009. Attorney General's Certification In accordance with State Government Article, §10-113, Annotated Code ofMaryland, theAttomey General certifies that the following changes do not differ substantively from the proposed text. The nature ofthe 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 ControlApplicator, Pest Control Consultant, and Public Agency Applicator Certification, and Categories ofPest ControL 

### A Certification. A person shall apply to the Department, using Departmental forms, for certification as a pestcontrol applicator, pestcontrol consultant, orpublic agency applicatorin any'ofthefollowing categories or subcategories ofpest 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, orpest control consultant to perform pest control in, on, or around any food handling establishment, dwelling, business, or institution, such as schools, hospitals, industrial establishments, box

### cars, 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 Permit l ((fromD as required by the Maryland Department ofNatural 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 thatperson does not: (i)

- (ii) (proposed text unchanged) (8)

- (13) (proposed text unchanged) 

### B.

- C. (proposed text unchanged) 

### EARL F. HANCE Secretary ofAgriculture 

### Subtitle 16 MARYLAND HORSE INDUSTRY BOARD 15.16.03 Civil Penalty Standards for Unlicensed Stable Operators Authority: AgricultureArticle, §2-718, Annotated Code of Maryland Notice ofFinalAction (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.

EffectiveDate: November 16, 2009. 

### EARL F. HANCE Secretary ofAgriculture 

### Subtitle 20 SOIL AND WATER CONSERVATION 15.20.07 Agricultural Operation Nutrient Management Plan Requirements Authority: Agriculture Article, §lS-801

- 8-806, Annotated Code ofMaryland Notice ofFinalAction (09-298-F

## -n On October 27, 2009, the Secretary ofAgriculture adopted amendments to Regulation .02under COMAK 15.20.07Ag. 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 ofAgriculture 

# Title 26 

# DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY 26.11.02 Permits, Approvals, and Registration Authority: EnvironmentArticle, §§1·101, 1·404,2-101- 2-103, 2-301

- 2-303, 2-401, 2-403, and 2-404, Annotated Code ofMaryland Notice ofFinalAction [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, 2009FINALACTION 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 ofthe Environment 

### Subtitle 11 AIR QUALITY 26.11.34 Low Emissions Vehicle Program Authority: EnvironmentArticle, §§1-404, 2

-102, 2-103, and 2-301, Annotated Code ofMaryland; Ch. 111 and 112, Acts of2007 Notice ofFinalAction [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 ofthe Environment 

# Title 31 

# MARYLAND INSURANCE ADMINISTRATION 

# •
Subtitle 11 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 ofMaryland Notice ofFinalAction [09-267-Fl On October 15, 2009, the Maryland Insurance Administration andthe 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(August28,2009),hasbeenadopted asproposed.

Effective Date: November 16, 2009.RALPH S. TYLER Insurance Commissioner MARILYN MOON Chair Maryland Health Care Commission


### COMAR 08.19.02 

# Errata COMAR 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 thatthe 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 landuse 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 

### COMAR 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, 20091360 PROPOSED ACTION ON REGULATIONS 

# Title 26 

# DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY 26.11.02 Permits, Approvals, and Registration Authority: EnvironmentArticle. 1§l-101. 1-404.2

- 101- 2-103. 2-301

- 2-303. 2-401

. 2-403. and 2-404. Annotated Code ofMaryland Notice ofProposedAction (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 ofPurpose The purpose ofthis action is to clarify permit to construct and approval requirements for electric generating stations that are not required to receive a Certificate ofPublic 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 ofthe air quality provisions that would otherwise be incorporated into a permit to construct or approval issued by the Departmentmust 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 permittingrequirements, as provided in Environment Article, §2-402(3), Annotated Code ofMaryland. Regulations implementingEnvironment Article, §2-402(3), Annotated Code ofMaryland in Code of Maryland Regulations 26.11.02.09 and .10 currentlyexempt from the Department's permit requirements electric generating stations constructed by electric companies, regardless ofwhether 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 CompaniesArticle 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. SourcesAffected. 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 onAffected Sources and the Department.

The proposed action does not establish any new requirement or new emissions standards but clarifies existing requirements that applyto 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 ofEconomic 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. Opportunityfor Public Comment The Department of the Environment will hold a public hearing on the proposed action on September 16, 2009 at 10 a.m. atthe Department ofthe Environment, 1800 Washington Boulevard, 1stFloorAerie 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 ofthe proposed action and supporting documents are available for review at the following locations: The Air and Radiation ManagementAdministration; regional offices ofthe 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 ofthe following sources without

MARYLAND REGISTER, VOL 38, ISSUE 17 FRIDAY, AUGUST 14, 2009PROPOSED 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] electricgenerating 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 CompaniesArticle, §§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 havingin currenteffect, a permitto construct:

A. [Generating stations constructed by electric companies] Electric generating stations that receilJe a certificate of public conlJenience and necessity (CPCN) underPublic Util· ity CompaniesArticle, §§7-207and 7-208, Annotated Code of Maryland;

B. 

## -x. (textunchanged) SHARI 

### T. WILSON Secretary ofthe Environment


### Subtitle 11 AIR QUALITY 26.11.34 Low Emissions Vehicle Program Authority: EnvironmentArticle, §§1404, 2·102, 2-103, and 2-301, Annotated Code ofMaryland; Ch

. 111 and 112, Acts of2007 Notice ofProposedAction (09-253·P-Il The Secretary of the Environment proposes to amend Regulation .02 under COMAK 26.11.34 

### Low Emissions Vehicle Program. Statement ofPurpose The purpose ofthis action is to reflect the changes made to the Californiaregulations 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 oftwo certification programs: the federal program (Tier 2); orthe California program (the Clean CarProgram is also known as the California Low Emissions Vehicle ProgramCALEY). Section 177 ofthe Clean Air Act Amendments of 1990 gives states such as Maryland the option to adopt the California program instead ofthe federal program as long as the Maryland program is identical to the California program and Maryland allows 2 model years lead time from adoption ofthe California program to its implementation in Maryland

.

The Maryland Clean CarsAct of2007 (signed into law b Governor O'Malley inApril 2007) required the Department ofthe 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 thathave adoptedthe CALEVprogram. Theywill not affect the greenhouse gas provisions ofthe program which have notyetreceived a waiver from the federal government
. Many ofthe 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) StreamliningofEvaporativeEmissions Requirements and Test Procedures.

These amendments increase the efficiency ofthe 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-dutyand medium-duty vehicles to ensure adequate monitoring oftoday'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 smogindex label required on new cars to better inform consumers ofthe 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 impactthe 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 ofless 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 ofMaryland 

## .01 Scope.
The regulations in this subtitle apply to: A. A person applying for a Certificate ofPublic Convenience and Necessity for the construction ofa generating station or modification to an existing electric generating station;
B

. An" electric company applying for a Certificate ofPublic Convenience and Necessity for the construction ofan overhead transmission line or modification to an existing overhead transmission line;
C. A person requesting an exemption from the requirement to obtain a Certificate ofPublic Convenience and Necessity for the construction ofa generating station under Regulation .03 ofthis 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) Ofgeneral public interest; or (b) Officially recognized by a local, state, or federal agency charged with responsibility to oversee the protection ofthe environment. (2) Applicant. (a) "Applicant" means a person applying for a Certificate ofPublic Convenience and Necessity to construct or modify an electric generating station including its associated transmission line, ifapplicable, or for an exemption from the requirement to obtain a Certificate ofPublic Convenience and Necessity to construct a generating station

.(b) "Applicant" also means an electric company applying for a Certificate ofPublic Convenience and Necessity to construct or modii)' an overhead transmission line.

.. (3) "Application" means a request for: (a) A Certificate ofPublic Convenience and Necessity for the construction ofan electric generating station including its associated transmission line, ifapplicable, or overhead transmission line under Public Utility Companies Article, §§7-207 and 7-208, Annotated Code ofMaryland; (b) A Certificate ofPublic 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, or7-208, Annotated Code ofMaryland; or (c) An exemption from the requirement to obtain a Certificate ofPublic 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 ofMaryland, means a Certificate ofPublic Convenience and Necessity issued under Public Utility Companies Article, §§7-207 and 7-208, Annotated Code ofMaryland. (5) "Archeological site" means a site yielding artifacts, structural remains, or evidence ofoccupation or use before the year 1900 as designated by the State Archeologist for the Maryland Geological Surveyor by another agency orgovernment unit with responsibility for archeological sites. (6) "Associated transmission line" means a transmission line that is necessary to transport the electric output ofthe generating station to the electric system. (7) Commence. (a) "Commence" with respect to a modification means, in general, initiation ofphysical on-site construction activities that are ofa permanent nature, including installation ofbuilding supports and foundations, laying ofunderground pipework, and construction ofpermanent storage structures. (b) "Commence" with respect to a change in the method ofoperation, means those on-site activities other than preparatory activities that mark the initiation ofthe 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 ofconsumption ofelectricity

. (10) "Electric company" has the meaning stated in Public Utility Companies Article, 

### §I-I0I, Annotated Code ofMaryland. (II) Generating Station.



## 2 

# •

### (a) "Generating station" means property or facilities located in Maryland constituting an integral plant or unit for the production ofelectric 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 ifit is installed with equipment that prevents the flow ofelectricity to the electric system during time periods when the electric system is out ofservice. (12) "Historic site" means a site registered by the: (a) Maryland Historical Trust; (b) National Register ofHistoric Places; (c) National Register ofNatural Landmarks; (d) Register ofNational Historic Landmarks; or (e) National Trust for Historic Preservation. (13) "Linear facilities" means ancillary components ofa generating station that may have environmental or land use impacts in Maryland, including: (a) A pipeline for the delivery offuel 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 ofMaryland. (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 ofMaryland. (15) "On-site generated electricity" has the meaning stated in Public Utility Companies Article, §1- IOI, Annotated Code ofMaryland. (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 ofactions for meeting forecasted electric demand for the IO-year period from the date ofthe 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 ofMaryland. (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 orprecursor 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 ofthe 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 ofMaryland, except that any orall 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 ofa general pollutant listed under42 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 of69,000 volts

.



## .06 Modifications to the Facilities at a Power Plant.
A. Except as provided in §C ofthis 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 ofoperation, 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 ofMaryland, ifthe change will result in an increase of I ton or more peryear in emissions ofa regulated pollutant.
C. The following changes do not require prior approval ofthe Commission: (I) Routine maintenance and repair, including routine replacement; (2) An increase in the hours ofoperation 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 ofan alternative fuel or raw material by reason ofan order under §§2(a) and (b) ofthe 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 ofan alternative fuel by reason ofan order orrule under § 125 ofthe Clean Air Act, 42 U.S.C. §7425;



### 4 

# •

•(5) Use ofan alternative fuel orraw material by a stationary source which: (a) The source was capable ofaccommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition established afterJanuary 6, 1975, under40 CFR §52.21, orunder regulations approved under 40 CFR Part 51, Subpart I or §51.166; or (b) The source 

### is approved to use under a Certificate ofPublic Convenience and Necessity issued under Public Utility Companies Article, §§7-207 and 7-208, Annotated Code ofMaryland, and any other required approvals, including permits issued under COMAR 26.11

.02 or26.11.03; 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 ofthis subtitle and may also impose additional requirements as circumstances warrant.



### 51998 FINAL ACTION ON REGULATIONS 

### .11 Hearings andAppealB.

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 careprovider, a child care center, or informalprovider who is deniedpaymentfor 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 ofSchools


### Subtitle 14 CHILD AND FAMILY DAY CARE 13A.14.09 Maryland Child Care Credential Program Authority: Family Law Article, §5·573, Annotated Code ofMaryland Notice ofFinalAction [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.

EffectiveDate: January4, 2010. Attorney General's Certification In accordance with State Government Article, §10-113, Annotated Code ofMaryland, theAttorney General certifies that the following changes do not differ substantively from the proposed text. The nature ofthe 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 substantivelyfrom the proposed text
. 

### • 09 TieredReimburBemenl.

A-C. (proposed text unchanged) D. Applicantsfor TIered Reimbursement, Level 3 - Spe· cial Requirements. An applicant shall: (1)

- (4) (proposed text unchanged) (5) Asadministered 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 settingand [[age)) ages of the children in care.

E.
- 

### G. (proposed text unchanged) NANCY S. GRASMICK State Superintendent ofSchools 

# 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 ofMaryland Notice ofFinalAction [09·324-F) On December 4, 2009, the Secretary ofBudget and Management adopted new Regulations .01

- .03, amendments to and the recodification ofexisting Regulations .01 and .02 to be Regulations .03-1 and .03-2, therecodification ofexistingRegulation .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.

EffectiveDate: December 28, 2009. T. ELOISE FOSTER Secretary ofBudget 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 ofMaryland Notice ofFinalAction [09·291·F) On November 5, 2009, the Public Service Commission adopted amendments

### to Regulations .01 and .02, new Regulation .06, and the recodification ofexisting 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, 20091478 PROPOSED ACTION ON REGULATIONS .02 IncorporationbyReference.

The performance andtechnical standards provided inthis subtitle are found in the Department ofAgriculture's Maryland Nutrient Management Manual (November 1999), SupplementNo.1 (September2000), SupplementNo.2 (November 2001), Supplement No.3 (September 2004), Supplement No.4 (November 2005), [and] Supplement No.5 (November 2006), and SupplementNo. 6 (May 2009), which are incorporated by reference. 

### EARL F. HANCE Secretary ofAgriculture 

# Title 20 PUBLIC SERVICE COMMISSION

Subtitle 31 TERMINATIONS OF SERVICE Notice ofProposedAction (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 ofMaryland. Statement ofPurpose

The purpose ofthis action isto add a definition, revise the temporary utility winter termination restriction, and add a temporary utility summertermination. Comparison to Federal Standards There is no corresponding federal standard to this proposed action.Estimate ofEconomic 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. Opportunityfor 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 andAtmosphericAdministration weather radio station. 

### 20.31.03 Restrictions on Terminations

Authority; Public Utility CompaniesArticle, §§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 theprovisions of§Aofthis 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 temperatureforecast made bythe U.S. National Oceanic and AtmosphericAdministrationfor 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 SummerRestriction.

A utility may not terminate Bernice because of nonpayment for any customer occupying a residential buildingfor which the temperatureforecast made by the U.S. National Oceanic andAtmosphericAdministrationfor 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 ofMaryland Notice ofProposedAction (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 ofwhich was given under State Government Article, §10-506, Annotated Code ofMaryland.

MARYLAND REGISTER, VOL 38,ISSUE 19 FRIDAY, SEPTEMBER 11, 2009PROPOSED ACTION ON REGULATIONS 1479 Statement ofPurpose The purpose ofthis action is to clarify that modifications to powerplants are subject

### to the Federal CleanAirAct 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 ofEconomic 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 ofPublic 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 ofPublic Convenience and Necessity for the construction of a generating station under Regulation .03 ofthis chapter[.l 

### or

D. 

### A person making a modification under Public Utility Companies Article, §7-205, Annotated Code ofMaryland

. .02 Definitions.

A. (text unchanged) B

. Terms Defined.

(1)
- (3) (text unchanged) 

### (4) ''Approval" as 

### used in Public Utility Companies Ar

### ticle, §7-205, Annotated Code of Maryland, means a Certificate of Public Convenience andNecessity 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 apermanent nature, including installation of building supports andfoundations, laying ofunderground pipework, and construction of permanent storage structures. (b) "Commence" with respect to a change in the method ofoperation, means those on-site activities other than preparatory activities that mark the initiation ofthe change. [(6)] (8)

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

### (20) "Regulatedpollutant"means:

(a) Anypollutantfor which a

### federal or the State ambient air quality standard has 

### been promUlgated, and any identified constituent orprecursorpollutants regulated under an ambient air quality standard; (b) Anypollutant that is subject to any standardpromulgated under 42 

### U.S

.C. §7411; 

### (c) Any Class lor Class 11 

### substance that is subject a standardpromulgated under Title VIof the Clean AirAc 42 U.S.C. §7671 

### et seq.; or (d) Any other pollutant that is otherwise subject to regulation under the CleanAirAct, 42 

### U.SC. §7401 etseq. or Environment Article, Title 2, 

### Annotated Code ofMaryland, except that any or all hazardous airpollutants 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 airpollutant is also regulated as a constituent precursor ofa 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 

### ofthis regulation, a person may not commence a modification to thefacilities atapower plant without receiving prior approval from the Commission.

B. 

### A physical alteration, replacement, change in the method ofoperation, or any other change to an electric generating unit or otherfacilities at apowerplant that will re

### sult in an increase in air emissions is subject to 

### the requirement to obtain approvalfrom the Commission under Public Utility Companies Article, §7-205(b), Annotated Code of Maryland, if the change will result in an increase of1 

### ton or moreperyear in emissions of a 

### regulatedpollutant

. C. 

### The following changes do not requireprior 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 afterJanuary 6, 1975, 

### unde regulations approved under the Clean AirAct, 42 

### U

.S.C. 

### §7401 et seq.; (3) Use of an alternativefuel or raw 

### material by 

### reason ofan order under §§2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of1974, 15 

### U

.S.C

. §791 

### et seq., orany 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 ofan alternative fuel by reason ofan order or rule under §125 

### of the Clean AirAct, 42 

### U.S.C. §7425; 

### (5) Use of an alternativefuel 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 underanyfederally enforceablepermit 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 ofPublic Convenience and Necessity issued under Public Utility Companies Article, §§7-207 and 7-208, Annotated Code ofMaryland, and any other required approvals, includingpermits 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 ORMODIFICATION OF GENERATING STATIONS AND OVERHEAD TRANSMISSION LINES Chapter 02 Administrative Provisions Authority: Public Utilities Article, §§2-121 and 7-205-7-208, Annotated Code ofMaryland 

## .01 Form ofApplication. A. The original application shall be: (I) 

### Signed by an individual having authority with respect to the application and having knowledge ofthe application; and (2) Verified under oath. B. In its discretion, the Commission may prescribe the form ofthe application

.



## .02 Distribution ofApplication.
A. The applicant shall submit to the Commission an original, 14 copies, and one electronic copy ofthe application.

. B. In addition to filing the application with the Commission, the applicant shall simultaneously mail additional copies, and, ifrequested, provide an electronic copy to the following agencies: (1) The governing body and the planning and zoning commission ofeach county and municipality in which the project will be located (one copy); (2) The Department ofthe Environment (four copies); (3) The Office ofPlanning (one copy); (4) The Department ofNatural Resources (six copies); (5) The Department ofBusiness and Economic Development (one copy); (6) The Department ofTransportation (one copy); (7) The State Aviation Administration (one copy); (8) The State Highway Administration (one copy); (9) The U.S. Department ofInterior (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 ofPeople'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 ofthe 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 havingjurisdiction 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 ofthe 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 ofa generating station be reviewed bythe Commission in phases. (2) Ifa 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 offact on any phase or issue within a phase. (3) Findings offact rendered by the Commission under this section are not subject to further litigation unless warranted by new substantive issues or changed circumstances. 

## AdministrativeHistory 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 ofFiling Requirements - Generating Stations Authority: Public Utilities Article, §§2-121 and 7-205-7-208, Annotated Code ofMaryland 

## .01 Description ofGenerating Station. The description ofthe generating station, including linear facilities, orthe 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 ofthe reasons for the selection ofthe design and the site ofthe generating station, including linear facilities, or generating station modification; F. Adescription ofthe impact ofthe project on the economics ofthe State; G. Adescription ofthe impact ofthe project on the stability and reliability ofthe electric system, or, ifthe impact is not known at the time ofapplication, an explanation ofthe steps undertaken by the applicant to determine the impact, including the expected date for submission ofthe impact description; and H. To the extent feasible, the location and major design features ofany required major electric system upgrade, including any associated transmission line, as a result ofthe project. 

## .02 Environmental Information. A. The purpose ofthis 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) Ageneral description ofthe physical, biological, aesthetic, and cultural features, and conditions ofthe site and adjacent areas;(b) 

### A summary ofthe environmental and socioeconomic effects ofthe construction and operation ofthe project, including a description ofthe unavoidable impact and recommended mitigation; (c) Acopy ofall studies ofthe environmental impact ofthe proposed project prepared by the applicant; and (d) A statement ofthe ability to conform to applicable environmental standards; (2) A description ofthe effect on air quality, including the: (a) Ability ofthe 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 ofsignificant deterioration and new source review provisions; and (vi) Any requirement to obtain emission offsets, allowances, and reduction credits. (b) Impact on prevention ofsignificant deterioration areas and existing nonattainment areas; and (c) Information and forms required by Department ofthe Environment regulations relating to permits to construct and operating permits under COMAR 26.11; (3) A description ofthe effect on water quality and appropriation, including: (a) An analysis ofthe availability ofsurface water and ground water for the proposed generating station; (b) The identification ofaffected 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 ofthe Environment regulations relating to water use and appropriation under COMAR 26.17.06.07 and 26.17.07, ifapplicable; (4) A description ofthe effect on State or private wetlands, including: (a) Public" health and welfare; (b) Marine fisheries; (c) Shell fisheries; (d) Wildlife;

2

### (e) Protection oflife and property from flood, hurricane, or other natural disaster; 

### (0 The evaluation ofmitigation and minimization techniques. including proposals related to replacement lands; and (g) The information and forms required by Department ofthe Environment regulations relating to a license for use ofState tidal wetlands or nontidal wetlands under COMAR 26.23 and 26.24; and (5) Adiscussion ofthe economics and availability ofmeans for the disposal ofplant-generated wastes
.



## .03 Condemnation.
Ifthe applicant is requesting authority to exercise aright ofcondemnation in connection with the construction ofa generating station, a statement ofthe reasons the generating capacity is necessary to ensure a sufficient supply ofelectricity to customers in the State as required under Public Utilities Article. §7-207(bX2), Annotated Code ofMaryland. 

## AdministrativeHistory 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

### ofLegislative Services



## 2008 ReplacementVolume
UncludUWAct. 

## of til. 2007 &gular

### andSpecial &"WM. with Gnnotatio,.. toAre,. from 

## dec;,wM pofted u 

## ofFebrulllY20. 2(08) 

# •• LexisNexis·

### LexiaNexia and the Knowledp 

### Bunt lop

### are registered 

### trademarb. and Michie iI 

### a trademark 

### ofReed Elaevier 

### Propertiee, Ioc., uaed under Ucense. Matthew Bender iI

.. a reJiatered trademark ofMatthew Bender 

### Properties, Inc.



## o 1998, 2008 Matthew Beuder • Comp8ll1, lac., • meaabar ofthe 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 ofthe air 

### emissions from the plant or from a generatiq unit ofthe plant. (2) 

### "Modification- does not include:

(i) 

### routine maintenance or repairs of

### the facilities ofa power 

### plant; or (ii) 

### a 

### chanp that the Commission determines will not result 

### in an 

### increaaein air

### emissiona from 

### theplantorftom a 

### pneratina'unit of

### theplant.

(b) 

### Prior approval of

### Commiaion required.

- Subject 

### to subsections (c) through (e) ofthis section, 

### a penonmaynot

### commence a modiacationwithout 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) 

### Theapplicantfor themodificationshall**lU~t**

### to the Commissionand to the Department ofthe Environment 

### aU information relating to 

### the**modi1l~** 

### cation, including: " (i) 

### detailed plans and speci1lcations; 

### and (ii) 

### the impact ofthe modification on 

### air quality. (d) 

### Decision.

- The Commission shall render its decision within 

### 150 

### days after 

### the day the application is 

### flied.

(e) 

### Applic4bility oftemporary

### 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 ofthe EnvironmentArticle. (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, leutbuorequaltothe 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.• 

## ElectriccompaDiea- CleaaAirAct

## modi8cati**~_~** 

### - Thie section appliee 

### to the 

### ins ofpollution 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 ofthe Commission in**accordance~** 

### 130PuBLIC 

### UnLiTY COMPANIIS 

## I 7·207 1) " 

### 7-203,7·207, and 7-208 ofthia 

### subtitle; and ( the procedures set forth 

### in 

### f 7-205 ofthis subtitle and 

### f 2-405 EnvUonm: t Article.

(c) 

### EZpedl reuiew and approual.

- In order to meet comp' ce datel 

# I establishedund Title 2, Subtitle 10 of

### the EnvironmentArtic r thefederal \ ' 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

### otherreview 

### and approval bythe Commiuion review 

### and ap al or 

### certificate ofpublic convenience and neceaaity is reqlB{'tMl (1) 

### forpollution control equipm 

### inthe methodof

### 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 vironmentArtide; or (iii) 

### the federal eanAir

### 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.

- Chapten28 and

, etrective .July 1, 2008, are added (c). ewletter.

- Chapter28,Ada 2006 Bill 154)wuapproved f'orccmatitutionand Iepl aaJlldeDCJ

.. it wu CDDCluded t the proviIjoD 

### .tablilhinl • penalty 01 IIUITeIlder

## orauJCur dioside alln.aee. tam f'ailuree to achieve COM

. DlIaaal'U empted by the rederal CIeaD AirAA RQw'8V8r" if tbJa proviaiOD is iD fact preempted,' ia MYerable aDd the remaiDder ofthe bill may 

# p.. eft'ect. <Letter of the Attome, General dated April 5, 2008.) 

## I 7·207. 

## Generatbi, stations ortran8lllill8fon lines

- Generalcertificationprocedure. [Amendment subject 

## to abrolation). (a) ·C01l8tructio,,·defined.

- (1) 

### In this section and 

### f 7-208 ofthis subtitle, ·construction- means: (i) 

### anyphysical change at a site, includingfabrication, erection, instal

### lation, 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 ofthe proposed 

### generating station. (2) 

### ·Construction- does not include a change that is needed for the temporary uee ofa site orroute for nonutility purposes or for use 

### in securing geological data, includinganyboringthat is nec:eaaary to

### ascertainfoundation conditions.

(b) Certi{icau ofpublicconuenience andneceuUy required.

- (1) (i) 

### Untess a certificate ofpublic convenience and neceuity for the construction is firat obtained from the Commission, a penon may not begin 

### construction in the State ofa 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 andneceuityUDderthis

### 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 

### appropriateStateunitand

### unitoflocal pwmment

## tor nwiew, 

### evaluatiaa, and 

### coJlUD8nt reprdina 

### the aipi1lcance 

### ofthe propGIal 

### to 

### State, area-wide, and 

### local plau 

### or pl'Op'8lll8. ; 

### (d) 

### Public Maring.
- (1) 

### TheCOIIUDiB8icm 

### abaU provide

### anoppartuDity

## tor

# I public commentandhold 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

### ofaD 

### overhead I 

### tranBmiuiOD 

### 11118 deaiped 

### to CIII'l7 

### a voltap in ac:ess of 

### 69,000 volt. is :. 

### proposed 

### to be located.· 

## ! (2) 

### The CommiMicmahaIlhold

### thepubUc

## bearinajointly

### with

### the pvem_ I 

## inc body ofthe 

### county 

### or municipal COrporatiOll iD which aDJ 

### portiOll ofthe ; 

### conatructiOll ofthe 

## 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

### ofthe 4 

### aucceuiveweeki immediately

### befonthe

### hearing 

### date, the

### Comm;IIiOD ahalI provideweekly DOtlce 

### oltllepubKe

## 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 

### Stateunit'. initial recomJDendatiou. (e) 

### Final adioll 

### by 

### Cmnmiaion.

- The 

### Commiaafon shall 

### tab flDal 

### actiOD on aD

### applicatiOD for

### a certUlcateofpublicCOIlveDieDce and

### neceuity

## 0DlJ after 

### due eo_deraaOll oe (1) the

### recommeDCIatioD ofthe

## avvaraiDabody ofeach

### county 

### ormunicipal 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 ofthe 

### generating atatiOll or

### overhead tranlDlil'rion liie on: 

### 132PuBlJC UTILlTY COMPANIES 

## f 7-207 \ (i) 

### the stability and reliability ofthe electric system; (ii) 

### economics; (iii) 

### esthetics; (iv) historic sites; (v) aviation safety as determined by the Maryland Aviation Administration and 

### the admjnjstrator ofthe FederalAviation Administration; (vi) when applicable, 

### air and water pollution; and (vii) the availabilityofmeansfor therequired timelydisposal ofwastes produced by any generating station.

service. (g) 

### 7hlnsmiuion' ,..,. airport runway. - (1) 

### Th ODUD1881on may not authorise, and an 'c company

### may notuncle , the construction of an overhead tranamiui . e that

### is aligned with 'thin 1 

### mile ofeither end ofa public airportrun , 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 

# I qualify as a public airport 

# I

has been on file with 

### the beingopen

### to thepublic 

# ! FederalAviationAdminiatrB . n for atleast

### 2 18 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 ofa gene . g 

### station: (1) 

### tha designed to provide electricity for a single electri customer that t 

### least 1,500,000,000 kilowatt hours ofelectricity 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.lubtitlethatJMgJIIDRI

....... tutrop r. ftJiD,did notmeeuhe 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, 372A.2d 24 (1971). limi by Rule 7·203, II11d becauae at

PenoaalaenIeeofaodee

### olbeulalDt!II>oICIIil time the action 

### wu ftIed. petitionen had requ
...... - Petitioner" action 11

- aUllt their admiDiatrative remedy tory reUelpIlnaantto • the Cowta as required bJic Utility Com.,.me. ArtIclechaD itofa planto build a ArtIcle oltheMarylaD. uae auearlier wind ity

# w. properly denied, be- action was It.ilI pendiDr. 0' was DO requirement ineither 

### It 7· Md., 400 Md. I, 928 A.2d 288 (2007). 

### (Abrcwation 

## of amendment effectiue June 30, 2011.) 

## I 7·207. 

## GeneratiD, stationaortranamisaion Une.

- General certification procedure. (a) ·Construction-defined.

- (1) 

### In thisNCtion and § 

### 7·208 

## of this subtitle, "construction- means: (i) 

### anyphysical 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 

## ofactual const,.uction in the State which cannot be canceled 0,.

## modi/kd without .ubstantial 10S8 to the owne,. 0,. 

### operator ofthe 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" nonutilitypu,.pose. 0,.

### for use in secu,.ing geological elata, includi,..any ba,.i,.. that is neceBsary to ascertainfoundation 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 obl4inedfrom 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 

### ofthis 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

## certificateof publicconuemence andnece.. ityfor the const tion iBfi,.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 certificateof pub' lien andneceSlityfo" the con.truction isfi,.,t obl4inecl(rom ommiuion. an**el,c:tl"ll~lnuHJ** 

### constructionof 

### a eadtransmission 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 ofan 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 ofPlanning and 

### to all otMr inMreBt«l

### persona. 

# ! (2) 

### TM Department of

### Pltmni,.. .hallforwtJl'd tM appliaJtion to each \ ' 

### appropri4te State 

### unit and

### unitof localgowrnmentfor review, evaluation, and 

### commenl regardin6 tM 

### .ip.ificance oftMproposal to State, area-wuu, and \ ' 

### localplGIU orpro61YJ1M. I

(d) 

### Publil: 

### 1u!.ori1lll.

- (1) 

### TM Commission .hallprovuu 

### an opportunityfor i 

### public commenland 

### hold

### apublic

## M4rin6 Oft 

### tMapplicationfor 

### 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 .tationor 

## of ora 

### owrMad \ ' trtInsmis,ion line de,igned to 

### carry 

### a voltage 

### in e%CeBB 

## of69,000 volt' is**p~** 

### to 

### be located. (2) 

### The Commission shall hold

### tMpublicMari,.. jointly with tMgovern- ! 

## i1I6 body 

### oftM count)' 

### or municipal corporation in which any 

### portion oftM 

# I eonstnu:tion oftlu!generati1l6stationorowrMadtransmission line isproposed 10 

### be locaUd, 

### unla. tMgowrni,.. body decline. toparticipate in tlu! lu!ori"6. " (3) Onee 

### in each of tM 4 

### succes.iw 

### weelu immediately before tlu! Mari"6 

### dote, tM Commission 

### .haUprovuu,

# wee"'y notice of thepublic hMJri"6 and ora 

### opportunityfor 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 .itdurUW 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 

### talelfinal action • on 

### an applicationfor 

### a certificate of publicconvenience 

### andnece_tyonlyafter 

### due consideration of: (1) 

### the recommendation oftMgowrnuwbody of each countyormunicipal corporation 

### in whichany

### portionof theconstruction oftM,enerati"6.tationor overMtJd transmis.ion line ispropoBed to be located; and (2) 

### the effect of tM,enerati1l6 station or owrMtJd**transmis.io~** 

### line on: (i) 

### the .tahilit)' and 

### relillbility 

## ofthe electric .,.tem: (it) 

### economU:'; (iii) 

### estlu!tics; (iv) 

### 1ai.atoric sitea; (v) aviationsafety QI

### determined bytheMarylandAviationAdministration 

### and the administrator of tM 

### Federal AviationAdministration; (vi) 

### wlu!n applictJble, air

### and waterpollution; and 

### (vii) tM availabilityof 

## means 

## forthe requintl timely disposal of WaIte. 

### roduud an nerati 

# .tat·
1r7"'1o;D1:

.. ,truction 

### of overheadtransmission line •• - For tM

### conatruc' n·n......-rl!JI. 

### overlu!atl

. . n line, 

### in addition to the consuurat'

. in .ub,ection 

### (e) of thissection, 

### t
. ion .hallt action on

### anapplication for 

### a certificate of publicconwnie ity

### onlyafter**~** 

### considtration of the 

### need 

### to meet future de

. .eroice. 

## (61 7ta

.. n 

### inanearairport 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. 

## GeDeratinlstatio

..ortnniamt

## 88i_

## 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 

### ofthe 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.marWpanuant

### 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) 01thi8 

### aectioa; 

### or (2) 

### COIlItrud8 

### a
..... 

## tiDc ttatiOJl if (D 

## the capuity

### of

### the

## pneratlDa atatiClll 

### doeInot

### uceed21 mepwattl; (il) 

### the electricity that; 

### may 

### be aported 

# r. sale Cram the

.... _ station

### to theelectric s;pte1D

### illOId

## cml7 OIl

### thewboleAle

### market:panuantto 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. 

### 138PUBLIC UTILITY COMPANIES 

### § 

## 7-207.1 ReqlliN!mentB.

- (1) 

### The Commission shall require a person that 's exem from the requirement to obtain a certificate ofpublic 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) ofthis 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. 

### proofofcompliance 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 ofthe 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) ofthis section in

### each county and municipal corporation in which anyportion ofthe construction ofa 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 ofthe construction ofa generating station is 

### proposed to be 

### located, the Commission shall hold the public hearingjointly 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 ofthe 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 ofthe State Govern IC e, the Senate Finance Co

. iDdthe House Eco- r
..... -ro.ommittee 

### on: ber of applications for and the locations ofwin • neratin, stations for which approval is nder • 7·207

.UAJI lXiilofthe 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 ofanI l'eplatol7 empt hID ' eM to obtaiD a certildertakea 

### b7 other State or with cate ofpubUc COIMIaieace UDder resped 

### to the reel paerati", Ita- 

### It 7-207 aIld 7-208 oftile PubJic Utiliti tiou.- an' 

### to , 4, ch. 163, , 2 ahaII cI

.. - • on JUDe 30, 2010. 

### § 

## 7.208. 

## Generatingstation.ortraD8llliaaionUne.

- 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.. of69,000 volts; or (in 

### e.ereilill,the

........... 

### emnntiea iIl

... _._ wi

...

### tile

........ 

### 1ear- (b) 

### Fili,.. wit" Commis.iora.
- (1) 

### To 

### obtain 

### the certiAcate ofpublic convenience andnecelsity required 

### under

## I 7-207 of

### this subtitlefor 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 

### publicMaring.

- (1) 

### On 

### thereceipt ofanapplication 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 ofAlriculture; (iii) 

### the Department of

### BUBin

.. 1 and Economic Development; (iv) the Department ofthe Environment; (v) the Department ofNatural ReSOUl'C8l; (vi) 

### the Department ofTransportation; and (vii) 

### the Department ofPlanning. (2) The Commiaaion shall hold, a public hearing on the application u required by 

## I 7-207 oftha subtitle, after: (i) 

### the receipt ofany additionalinformationrequestedunder subsection (c)(2) oftrul section 

### that the Commission considen necesaar,r. and (ii) 

### any pUblication ofnotice the Conuni.saion conaidera to be proper. (3) (i) 

### At thepublichearing, the Commiaeion shallenaure presentation

### of the information and recommendations of the State unit. 

### specified in paragraph (1) ofthia 

### subsection and shall allow the official representative ofeach 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 ofthe 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 certificateofpublic 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 ofits decision. If) 

### Inclusion offederal and State environmental laws and standards in certificate.

- (1) 

### The Commission shall include in 

### each certificate it issues under subsection (e) ofthis section: (i) 

### the requirements of the federal and State environmental laws and standards that are 

### identified by the Department ofthe 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) 

### ofthis subsection that the Department ofthe 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) ofthis section constitutes:

# _~=:;:::,!Zsm;

# =::**~:::::.:e;** (2) registration and a permit to construct, 

### as required under Title 2, Subtitle 4 ofthe EnvironmentArticle. (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.bJllhmmtof• 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 ArticleottMM."tandCodebeca 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. 383A.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 

### ofanother 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) 

## otthi. 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) 

### Itthe 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 orJlnonc' plant 

### allowed. Subject·to subsection (b) 

### of 

### thi8 aection. a municipal tion in

## Ule • ofsupp1yinc electricityfor 

### other than municipal p may 

### own or ftnan 

### intereat in an electric plant to secure an enti eJDent ofelectricity 

### fiJr ita

(d) 

### Authority to 

## sa l"lectricitywithba GII1U!z.ed ofa municipal co tioD are enlarged 

### by annexation, municipal corporation mayac . theexduaiverighttosupplyelectricity 'thintheannexed area 

### if (1) 

### the 'cipal corporation: (i) 

### a petition withthe 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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# 1

., 1 J :i 

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# I