FINAL ACTION ON REGULATIONS 

1014 

system lJwho waslJ and have been rated as a satisfactory or effective 

teacher; and 

( 4) (proposed text unchanged) 

G. (proposed text unchanged) 

NANCY S. GRASMICK 

State Superintendent of Schools 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.01 General Administrative Provisions 

Authority· Environment Article, §§ 1-101, 1-404, 2-1 01-2-1 03, 2-301-2· 

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

Notice of Final Action 

(11-127-F] 

On July 29, 2011, the Secretary of the Environment adopted 

amendments to Regulations .10 and .11 under COMAR 26.11.01 

General Administrative Provisions. This action, which was 

proposed for adoption in 38:9 Md. R. 561-562 (April22, 2011), has 

been adopted as proposed. 

the applicable emission standard". The language in Regulation 

.11 D(2) is correct for CEMs and applies to several different monitors, 

each specific to different federal air quality standard. Consequently, 

when Regulation .It E(2)(a) is eliminated the requirement to "reduce 

all data to six-minute block averages calculated from 24 or more 

equally spaced data points" will still exist for COMs, as appropriate 

in Regulation .I OD(2)(a). 

Elimination of Regulation .IIE(2)(a) does not increase the 

requirements or stringency of the regulation and it does not decrease 

the benefits of the regulation. 

26.11.01 General Administrative Provisions 

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

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

.11 Continuous Emission Monitoring Requirements. 

A.- D. (proposed text unchanged) 

E. Record Keeping and Reporting Requirements. 

(I) (proposed text unchanged) 

(2) CEM Data Reporting Requirements. 

IJ(a) A CEM shall automatically reduce all data to 6-minule 

block averages calculated from 36 or more equally spaced data 

poinls.lJ 

ll(b)Jl {{!l-ll(e)JJ 11!1 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.02 Permits, Approvals, and Registration 

-------------Authority;.EnvironmentArticle,.§§ll·lOI,JI-404,.J2·101-J.2.-103,.2.-3DlEffective Date: August 22, 2011. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

Notice of Final Action 

(11-025-F] 

On July 29, 2011, the Secretary of the Environment adopted 

amendments to: 

(I) Regulations .10 and .11 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulations .01 and .OS under COMAR 26.11.09 Control 

of Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuel-Burning Installations. 

This action. which was proposed for adoption in 38:2 Md. R. 

104-106 (January 14, 2011), has been adopted with the 

nonsubstantive changes shown below. 

Effective Date: August 22, 2011. 

Attorney General's Certification 

In accordance with State Government Article, §I 0-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

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

Regulation 26,1 J.Ot.IIE(2)(a): The removal of this paragraph 

eliminates an apparent conflict regarding the appropriate data 

reduction averaging time for Continuous Emissions Monitors 

(CEMs) in 26.11.01.11. The conflict was created when the language 

of Regulation 26.1 1.0 1.1 OD(2)( a) was erroneously duplicated and 

inserted as Regulation 26.11.0l.IIE(2)(a). Regulation .II applies 

only to CEMs, whereas Regulation .I 0 applies only to Continuous 

Opacity Monitors (COMs). The language of Regulation .110(2), 

Data Reduction, reads: "A CEM used to monitor a gas concentration 

shall record not less than four equally spaced data points per hour and 

automatically reduce data in terms of averaging time consistent with 

2-303, 2-401,J2-403J2-402, and 2-404, Annotated Code of Maryland 

Notice of Final Action 

[11-128-F) 

On August I, 2011, the Secretary of the Environment adopted 

amendments to Regulations .01, .10, and .13 under COMAR 

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

was proposed for adoption in 38:9 Md. R. 562-565 (April 22, 

2011), has been adopted as proposed. 

Effective Date: August 22, 2011. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Title 33 

STATE BOARD OF 

ELECTIONS 

Subtitle 16 PROVISIONAL VOTING 

33.16.02 Provisional Voting Documents and 

Supplies 

Authority: Election Law Article, §9-403, Annotated Code of Maryland 

Notice of Final Action 

[11-152-F] 

On July 28, 2011, the Slate Board of Elections adopted 

amendments to Regulation .01 under COMAR 33.16.02 Provisional 

Voting Documents and Supplies. This action, which was proposed 

MARYLAND REGISTER, VOLUME 38, ISSUE 17, FRIDAY, AUGUST 12, 2011 
0 

---------------------------0 -

• 
PROPOSED ACTION ON REGULATIONS 

Foundation decides tfl accl'pt a req11est f or an agricullural 

subdivision, the owners of all of the resultmg divided parcels shall 

submit an application with the documentation required by this 

chapter. The FoWJdation shall then determine if the subdiviSion 

qualifies for the exception to the subdivision prohibition as provided 

in this chapter. If the Foundation does not approve the agricultural 

subdivision, the land shall be restored to its origmal configuration 

under the easement. 

C. Requirements. An approval of the agricultural subdivision shall 

require that the owners comply w11h all of the requirements of this 

chapter. but, if any of the re suiting divided parcels of the subdiviston 

are less than 50 acres, the Foundation may waive the 50-acre 

requirement if: 

(I) At the time of the subd1v1sion, the Foundation's reg11fations 

permitted the resulting divided parcels to be less than .50 acres; 

(2) The subdivision served an agricultural purpose; 

(3) The subdiVISIOn enhanced or had no effect upon the 

agricultural operations being cond11cted upon the land; 

(4) The resulting divided parcels have sustained agricultural 

praductton independent of each other from the time of the 

s11bdrvision; 

(5) The resulting divided parcels still meet minimum soils 

requirements, as provided by COMAR J .5.15.01. 03D; and 

(6) The landowners present evidence satisfactory to the 

Foundation to make a determination that the resulting divided 

parcels have sufficient potential to sustain agricultural production 

indepemknt of each other in the future. 

.06 Agriculturtll Subdivision Application Procedure. 

ore the Foundation may consider a request for an agricultural 

subcbvision, a landowner shall submit the following: 

A. An application, comp leted and signed by each tilled landowner 

to all oJ.the land encumbered by_the_easement, .which addresses.the 

criteria in Regulation .04 of this chapter; 

B. An unmarked copy of the tax map or boundary survey which 

outlines the entire eosementland; 

C. A second copy of the tax map which shall include the f ollowing: 

(I) BoUIIdaries of the easement land: 

(1) The location of the proposed line or lines of s11bdivision, 

and the amount of acreage each resulting d1vided parcel is proposed 

to contain; and 

(J) The location of, and access to, all preexisting dwellings, lot 

exclusions, tenant houses, and farm buildings. 

D. A written statement from the landowner indicating: 

(/) The reason/or the request, including an explanation of how 

the agricultural subdivision s erves the agricultural purpose, how rt 

will enhance or have no effect upon the agricultural operations, and 

how the resulting divided parcels wil/ he able to sustam long-term 

agricultural production, independent of each other; 

(2) If any rights to a lot or lots have been reserved. but still 

unexercised, under the easement, a proposal detailing which 

resulting divided parcel or parcels are to be allocated those rights; 

(J) The name, address. email address, and telephone number of 

all landowners whose lands are involved in tht requtst; and 

(4) The name of the individual or entity who will pay for the 

costs of the corrective easement transactions; 

E. A wrrtten statement from the county program admimstrator 

descr1bmg the current overall f arm operation, whether the proposed 

agricuflural subdivision serves an agricultural purpose. whether 11 

w11/ enhance or will have no effect upon the agricultural operations. 

and whether the resulting drvided parcels will be able to sustain 

long-term agricultural production, independent of each other; 

F. A Ieifer of recommendation from the local agricultural land 

preservatton advisory board addre:Jsing the potential for continued 

agricullural w e of each of the res11lting divided parcels; 

729 

G. Written verification from the local tax assessment office that 

each of the resulting divided parct ls continue to qualify f or 

agricultural use assessment under Tax-Property Article, Annotated 

Code of Maryland, 

H. A /etrer from the local planmng and zoning office or the county 

program administrator that the requested subdiVISion rs consistent 

with county planning and zoning regulations: and 

I. If app licable, /euers of support from orga11izatlons such as the 

Soil Conservation Servrce and Forest Servrce attesting to the longtu m productive capabilities for each resulting divided parcel of less 

than 50 acres. 

.07 Requirements upon ApprovaL 

A. A landowner may not proceed with plans pursuant to the 

approval un11l tire corrective easements have been recorded among 

the land records in the county in which the land is situated, WJiess the 

Foundation Issues a feller permitting the landowner to proceed 

B. If the Foundation approves the request, then the landowner: 

(/) Shall submit to the Foundation, 10 copies of a survey plat, 

stgned and seak d by a surveyor registered in the Stale of Maryland 

depicting the resulting divided parcels of the land, along with 

separate written metes and bounds descriptions of those resulting 

divtded parcels; and 

(2) Shall remit funds in the amount and manner directed by the 

Foundation to cover the costs of the transaction as specified in 

Regulation .04C and shall furnish such other documentation as 

directed by the Foundation. 

Title 26 ----------------~ 

EARL F. HANCE 

Secretary of Agriculture 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.01 General Administrative Provisions 

Authority· Environment An1cle, §§ 1-101, 1-404, 2-101- 2- 103,2-301-2-

303, 10.102, and 10-IOl ,Annotatc:d Code o( Maryla.'lll 

Notice of C hange to Opportunity for Public Comment 

[1 1·127-P] 

The Opportunity for Public Comment notice for COMAR 

26.11.01.10 and .11, which was originally published in 38:9 Md. R. 

561 (Apri1 22, 2011), has been changed. The hearing and deadline for 

comments have been rescheduled, and the new date appears in the 

corrected notice below. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on July II, 2011 , at 10 a.m., at the Department 

of the Environment, 1800 Washington Boulevard, 1st Floor 

Confe rence Rooms, Baltimore, Maryland 21230-1 720. Interested 

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

be sent to Deborah Rabin. Rc&ulations 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. 

Comments must be received not later than July II, 2011, or be 

submitted at the hearing. For more infonnation, call Deborah Rabin 

at (410) 537-3240. 

MARYLAND REGISTER, VOLUME 38, ISSUE 12, FRIDA V, JUNE J, 2011 
0 

• 
PROPOSED ACTION ON REGULATIONS 

Statement of Purpose 

The purpose of this action is to make changes to the definitions of 

artistic work and arts and entertainment district to follow the statute. 

The action also makes a clarifying change to the definition of 

submission date so that applications may be submitted twice each 

year. 

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

Comments may be sent to Jesse Rye, Program Director, Maryland 

State Arts Council, Department of Business and Economic 

Development, 175 W. Ostend Street, Suite E, Baltimore, MD 21230, 

or caii41Q..767-88SI, or email to jrye@msac.org, or fax to 41()..333-

1062. Comments will be accepted through May 23, 201 I. A public 

hearing has not been scheduled. 

.03 Definitions. 

A. (text unchanged) 

B. Terms Defmed. 

(1) Artistic Work. 

(a) "Artistic work" means an original and creative work, 

whether written, composed, or executed, within one of the following 

categori.e5;.---

(i)-(vi) (text unchanged) 

(vii) The creation of a film or the acting within a film; 

(or) 

(viii) The creation of a dance or the performance of a 

dance; or 

(ix} The creation of original jewelry, clothing, or clothing 

design. 

(b)-(c) (text unchanged) 

(2) Arts and Entertainment District. 

(a) "Arts and entertainment district" means a developed 

district of public and private uses that: 

[a) (i) - (c] (iii) (text unchanged) 

(b) '"Arts and entertainment district" ill Queen Anne's 

County may be composed of a noncontiguous area m the county, 

including a noncontiguous area within a municipal corporation in 

the county. as established by the governing body of the county. 

(3)-(II) (text unchanged) 

(12) "Submission date" means October 1 and Apnl I of any 

calendar year. 

CHRlSTIAN JOHANSSON 

Secretary of Business and Economic Development 

561 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT V 

Subtitle 11 AIR QUALITY 

26.11.01 General Administrative Provisions 

Authonty· Environment Article, §§ 1-101, 1-404, 2-1 01-2·103, 2·301-2· 

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

Notice of Proposed Action 

[11-127-P] 

The Secretary of the Environment proposes to amend Regulations 

.10 and .11 under COMAR 26.1I.Ol General Administrative 

Provisions. 

Statement of Purpose 

The purpose of this action is to remove the references to Technical 

Memorandum 90-01 from the Department's opacity regulations 

under COMAR 26.11.01.10 and COMAR 26.11.01.11 and clarify 

that the Quality Assurance/Quality Control for Continuous Opacity 

Monitors (COM) is now located in COMAR 26.11.3 I. 

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

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

Implementation Plan. 

Background: 

The Department's opacity regulations include the Continuous 

Opacity Monitor (COM) and Continuous Emission Monitor (CEM) 

requirements in COMAR 26.11.01.10 and .11, definitions in 

CO MAR 26Tt.09, and the requirements in COMAR"26:rt .09.05 that 

provide the procedures for demonstrating compliance with visible 

emissions requirements using COM data. 

This action is part of a continuing effort by the Department to 

remove the applicability of the Department's TM 9()..01 that contains 

the procedures for demonstrating compliance with visible emissions 

requirements using COM data. 

Sources Affected: 

These amendments affect only owners of large fuel burning 

equipment required to install and operate CO Ms. 

Requirements: 

These amendments are minor administrative corrections that are 

necessary before submitting the regulations to EPA. These 

amendments include: 

1. In CO MAR 26. I J.Ol.IOF, clarifying that the QA/QC for 

COMs is now located in new COMAR 26. I 1.31. 

2. Removing the reference to Technical Memorandum 90-01 by 

deleting CO MAR 26.11 .0 I. I 1 D(3 ). 

Expected Emissions Reductions: 

The amendments are merely administrative and do not result in 

emissions reductions. 

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 ofEconomh: Impact 

The proposed action has no economic impact. 

MARYLAND REGISTER, VOLUME 38, ISSUE 9, FRIDAY, APRIL 22, 2011 
PROPOSED ACTION ON REGULATIONS 

562 

Eeonomh: lmpad on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on May 25, 20 11 at 1 0 a.m. at the Department of 

the Environment, 1800 Washington Boulevard, 1st Floor Conference 

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

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

Deborah Rabin, Regulations Coordinator, Air and Radiation 

Management Administration, Department of the Environment, 1800 

Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720, 

or emailed to drabin@mde.state.md.us. Comments must be received 

not later than May 25, 2011, or be submitted at the hearing. For more 

information, call Deborah Rabin at ( 41 0) 537-3240. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: The Air and Radiation 

Management Administration; regional offices of the Department in 

Cumberland and Salisbury; all local air quality control offices; and 

local health departments in those counties not having separate air 

quality control offices. 

Anyone needing special accommodations at the public hearing 

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

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1 (800) 735-2258. 

.10 Continuous Opacity Monitoring Requirements. 

A.-E. (text unchanged) 

F. (Technical Memorandum.) Fuel burning equipment subject to 

the COM requirements in COMAR 26.11.09.05 (is not) are subject to 

the COM requirements contained in (Technical Memorandum 90.01 

''Continuous Emission Monitoring (CEM) Policies and Procedures,") 

COMAR 26.11.31 (except for Part H Quality Assurance 

Requirements for Continuous Opacity Monitoring Systems). 

.11 Continuous Emission Monitoring Requirements. 

A.-c. (text unchanged) 

D. Monitoring and Determining Compliance. 

(1)-(2) (text unchanged) 

((3) Technical Memorandum. Except for fuel burning 

equipment subject to the COM requirements in CO MAR 26.11.09.05, 

use of COMs and CEMs for enforcement purposes shall be as 

specified in the Department's Air Management Administration 

Technical Memorandum 90-01 "Continuous Emission Monitoring 

(CEM) Policies and Procedures," which is incorporated by 

reference.] 

ROBERT M. SUMMERS, Ph.D. 

Acting Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.02 Permits, Approvals, and Registration 

Authority: Environment Article, §§fi· IOI,JI-404,(2·101-12-103, 2-301-2· 

303, 2·401,(2-403(2·402. and 2·404, Annotated Code of Maryland 

Notice of Proposed Action 

[11-128-P] 

The Secretary of the Environment proposes to amend Regulations 

.01, .10, and .13 under COMAR 26.11.02 Permits, Approvals, and 

Registration. 

Statement of Purpose 

The purpose of this action is to: 

( 1) C larif)' the requirements under CO MAR 26.11.02. 1 OX 

(Sources Exempt from Permits to Construct and Approvals) which 

must be met in order for an installation not otherwise exempted under 

§§A-W of the regulation to obtain an exemption from the Permit to 

Construct requirements. 

(2) Clarify what installations must obtain a State Permit to 

Operate under 26.11.02.13 (Sources Subject to State Permits to 

Operate) and exclude: (a) sources that emit insignificant amounts of 

air pollutants, (b) sources that are not subject to extensive air 

pollution control regulations, and (c) sources that traditionally have 

elicited very little interest from communities and individual citizens 

in the public participation process. 

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

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

Implementation Plan. 

Background: 

CO MAR 26.11.02.1 OX Sources Exempt from Permit to Construct 

and Approvals: 

COMAR 26.11.02.10 exempts certain installations from the 

Permit to Construct requirements. The current language in COMAR 

26.11.02.10X fails to include volatile organic compounds (VOC) 

among the air pollutant emissions limits which trigger the Permit to 

Construct exemption for installations not otherwise described in the 

regulation. The amendments correct this error of omission by 

including a limit for VOC emissions. 

In addition, the current language limits the emissions analysis 

to the "expected uncontrolled emissions" from the proposed 

installation. The amendment replaces "expected uncontrolled 

emissions" with the term "pre-control potential-to-emit:..:rhe 

amendment clarifies the regulation's intent to exempt only those 

installations which can not exceed the regulatory emissions limits due 

to physical design constraints before the use of pollution control 

equipment. 

COMAR 26.11.02.13 Sources Subject to State Permits to Operate: 

CO MAR 26. J J .02.13 includes a list of all air pollution sources 

that are required to obtain a State Penn1t to Operate. The types of 

sources listed in CO MAR 26.11.02. J 3 that are subject to State Permit 

to Operate requirements are also subject to the public participation 

process. The public participation process is often lengthy and can be 

expensive. 

The amendments clarify which sources must obtain a State 

Permit to Operate, and exempt those sources which do not 

significantly impact ambient air quality and have rarely drawn citizen 

or community interest during the public participation process. These 

sources will still be required to comply with the Permits to Construct 

regulations. Permits to Construct are enforceable documents which 

include all emission standards and limits, operating conditions, and 

testing, monitoring, record keeping and reporting requirements 

applicable to the source. Permits to Construct do not expire unless: 

(I) the affected equipment or process is never installed, (2) the 

equipment is removed from the source, or (3) the equipment is 

modified in a manner such that a new Permit to Construct would be 

issued. 

Affected Sources: 

COMAR 26.11.02.1 OX Sources Exempt from Permit to Con:slr\lct 

and Approvals: 

Sources with "pre-control potential-to-emit" levels of air 

pollution below the Permit to Construct exemption level would not 

require a Permit to Construct. 

MARYLAND REGISTER, VOLUME 38, ISSUE 9, FRIDAY, APRIL 22, 2011