# M DE MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard • Baltimore MD 21230 410-537-3000 • 1-800-633-6101 • www.mde.state.md.us

Martin O'Malley Governor Robert M

. Summers, Ph.D.

Anthony G. Brown Lieutenant Governor



### Mr. Shawn M. Garvin Regional Administrator 

## (3RAOO) U.S. Environmental Protection Agency Region Ill 1650 Arch Street Philadelphia PA 19103-2029

## S~""­ Dear parvin: 

## August 22, 2013

The purpose of this letter is to submit the enclosed State Implementation Plan (SIP) Secretary



### Revision 

## # 13-06 concerning Maryland's incorporation of federal New Source Review (NSR) program standards for fine particulate matter and its precursors into the Code of Maryland Regulations (COMAR). This SIP Revision includes amendments to Regulation

. 01 under COMAR 26.11.01 (General Administrative Provisions) and Regulations .01 and .02 under COMAR 26.11.17 (Nonattainment Provisions for Major New Sources and Major Modifications).

The Notice of Proposed Action was published in the Maryland Register on April 5, 2013

. A public hearing was held on May 7, 2013. The action was adopted on June 14, 2013. The Notice of Final Action was published on June 28, 2013 and the action became effective on July 8, 2013

. All required administrative procedures were followed throughout the adoption process.

I certify that the electronic copy of this SIP submittal (compact disk enclosed) is an exact duplicate of the official hard copy. If you have any questions concerning this SIP action, please feel free to call me at (410) 537-3084 or Mr. George (Tad) S

. Aburn, Jr

. , Director of the Air and Radiation Management Administration, at (410) 537-3255

. Sincerely,

# ~ Robert M

. Summers, Ph

. D

. Secretary

Enclosure**~** Recycled Paper 

## www. mde

. state.md

. us lTY Users 1

· 800

- 735-2258 Via Maryland Relay Service

# Merged text for regulations amended



# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland



## .01 Definitions.

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

B. Terms Defined.

(1) Actual Emissions.

(a) "Actual emissions" means the average rate, in tons per year, at which a source discharged a pollutant during a 2-year period which precedes the date of a completed application for an NSR source or other specified date, and which is representative of normal source operation. The Department may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the source's operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(b) For the purpose of submitting emissions statements under Regulation .05-1 of this chapter, "actual emissions" means the emissions, in tons per year, which a source discharged during a calendar year or other specified period of time.

(2) "Air pollution" as defined in Environment Article, §2-101, Annotated Code of Maryland, means the presence in the outdoor atmosphere of substances in quantities, having characteristics, and being of a duration which, from any single source or in combination with other sources, are, or may be predicted with reasonable certainty to be, injurious to human, plant, or animal life or to property, or which unreasonably interfere with the proper enjoyment of the property of others by reason of the emission of odors, solids, vapors, liquids, or gases, throughout the State and in su ch areas of the State that are affected by them.

(3) "Air pollution control equipment" means equipment whose primary purpose is to reduce the discharge of emissions into the atmosphere in order to comply with air pollution control requirements.

(4) "Allowable emissions" means the maximum emissions a source or installation is capable of discharging after consideration of any physical, operational, or emissions limitations required by this subtitle or by federally enforceable conditions which restrict operatio ns and which are included in an applicable air quality permit to construct, permit to operate, secret arial order, plan for compliance, consent agreement, court order, or applicable federal requirement.

(5) "Capture efficiency" means the weight per unit time of a pollutant entering a capture system and delivered to a control device, divided by the weight per unit time of the total pollutant generated by a



## 1

### source of the pollutant, expressed as a percentage. The capture efficiency reflects how much of the pollutant is captured and routed to the control device.

(6) "Certifying individual" means the person responsi ble for the completion and certification of the emissions statement required in Regulation .05-1 of this chapter.

(6-1) CO 2 

### Equivalent Emissions (CO 2 

### e).

(a) “CO 2 

### equivalent emissions (CO 2 

### e)” means the amount of GHGs emitted.

(b) “CO 2 

### equivalent emissions (CO 2 

### e)”shall be computed as follows:

(i) Except as stated in §B(6-1)(b )(iii) of this regulation, multiply th e mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas‘s associated global warming potential published at Table A–1 to Subpart A of 40 CFR Part 98 — Global Warming Potentials (74 FR 56395);

(ii) Sum the resultant values from B(6-1)(b)(i) of this regulation for each gas to compute a tpy CO 2 

### e; and

(iii) Prior to July 21, 2014, the mass of the greenhous e gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of nonfossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related indust ries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material).

(6-2) "Commercial bakery oven" (bakery oven) means an oven with a rated heat input capacity of 2,000,000 Btu per hour or greater, that is used to bake bread, rolls, or other yeast-raised products.

(7) "Confined emissions" means emissions which are discharged into the outdoor atmosphere through a stack, duct, hood, flue, or other conduit.

(8) "Confined source" means an installation that discha rges into the atmosphere through a stack, duct, hood, flue, or other conduit.

(9) "Continuous emission monitor (CEM)" means a sy stem of instruments installed, operated, and calibrated in accordance with the procedures in this subtitle to continuously measure and record the emission rate or concentration of a substance in a gas stream.

(9-1) "Continuous opacity monitor (COM)" means a system of instruments installed, operated, and calibrated in accordance with the procedures in this su btitle to continuously measure and record the opacity of emissions as six-minute averages of no t greater than 15 s econd increments.

(10) "Control efficiency" means the ratio of the emissions released by a control device and the emissions introduced to the control device, expressed as a percentage.

(11) "Control equipment" means any device or contrivance which prevents or reduces emissions.

(12) "Control o fficer" means:

(a) The health officer of Allegany, Anne Arundel, Calv ert, Caroline, Carroll, Cecil, Charles, Dorchester, Frederick, Garrett, Harford, Howard, Kent, Prince Ge orge's, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, or Wicomico County;



## 2

### (b) The Commissioner of Health of the City of Baltimo re, the Director of the Baltimore County Department of Environmental Protection and Resource Management, the Director of the Montgomery County Department of Environmental Protection, or the Chief of the Environmental Programs Section of Worcester County Department of Planning, Permits, and Inspections; or

(c) Any employee of the Department designated by the Secretary.

(13) Reserved.

(14) "Department" means the Department of the Environment.

(15) "Distillate fuel oil" means all American Societ y for Testing and Materials numbered fuel oils other than residual fuel oil.

(16) "Emissions" means any substance, other than water in an uncombined form, discharged directly or indirectly into the atmosphere including, but not limite d to, odors, particulate matter, vapors, gases, or any combination of these substances.

(17) "Fuel-burning equipment" means any:

(a) Boiler that has the primary function of heating air, water, or any other medium through indirect heat transfer from the burning of fuels; or

(b) Stationary internal combustion engine or stationary combustion turbine used to produce mechanical or electrical energy.

(18) "Fugitive emissions" means emi ssions which escape into the outdoor atmosphere through openings such as windows, doors, vents, roof monitors, poorly fitting closures, or poorly maintained equipment.

(18-1) “Greenhouse gases (GHGs)”means the aggregate group of six greenhouse gases:

(a) carbon dioxide (CO 2 

### );

(b) methane (CH 4 

### );

(c) nitrous oxide (N 2 

### O);

(d) sulfur hexafluoride (SF 6 

### );

(e) hydrofluorocarbons (HFCs); and

(f) perfluorocarbons (PFCs).

(19) "Installation" means any article, machine, equipment, or other contrivance, including, but not limited to, emission control equipment, processing equipment, manufacturing equipment, fuel-burning equipment, incinerators, or any equipment or construction, capable of generating, causing, or reducing emissions.

(20) Modification.

(a) "Modification" means any physical change in, or change in the operation of, a source or installation which causes a change in the quantity, nature or charact eristics of emissions from th e source or installation. However, this term excludes routine maintenance and ro utine repair, and increases in the hours of operation



## 3

### or in the production rate, unless these increases would be prohibited under any permit or approval conditions adopted by the Department.

(b) In the context of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants adopted or enforced by the Department, the federal definition of the term "modification" is controlling.

(c) "Modify" means to make a modification.

(d) In the context of Prevention of Significant Dete rioration regulations adopted or enforced by the Department, the federal definitions of the terms "modi fication" and "major modification" are controlling.

(20-1) "Motor vehicle" means a vehicle registered with the Maryland Motor Vehicle Administration or the equivalent agency of another state.

(21) "National Emission Standards for Hazardous Air Pollutants source (NESHAP source)" means any:

(a) Source of asbestos, beryllium, mercury, vinyl chloride , benzene, or inorganic arsenic which is subject to the provisions of 40 CFR Part 61 (excluding Subparts B, H, I, K, Q, R, T, and W), as amended; or

(b) Source which is subject to the provisions of 40 CFR Part 63, as amended.

(22) Reserved.

(23) "New Source Performance Stan dard source (NSPS source)" means any source which is subject to 40 CFR Part 60, as amended.

(24) "New Source Review source (NSR source)" mean s any major stationary source or major modification subject to the requirements of COMAR 26.11.17.

(24-1) "NO x 

### Ozone Season Allowance" means a CAIR NO x 

### ozone season allowance as defined in 40 CFR 96.302 and does not constitute a security or other form of property.

(25) "Odor" means that proper ty of an emission which stimul ates the sense of smell.

(26) "Opacity" means the degree to which emissions re duce the transmission of light and obscure the view of an object in the background.

(27) "Operating day" means a 24-hour period beginning midnight of one day and ending the following midnight, or an alternative 24-hour period approved by the Department, during which time an installation being monitored is operating, consuming fuel, processing or producing a material, or causing emissions.

(28) "Oxides of nitrogen (NO x 

### )" means compounds of nitrogen comprised of nitric oxide (NO) and nitrogen dioxide (NO 2 

### ), expressed as equivalent molecular weight of NO 2 

### .
(29) "Particulate matter (PM)" means any material, except water in uncombined form, that is or has been airborne, and exists as a liquid or a solid at standard conditions.

(30) "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, discharged into the ambient air.



## 4

### (30-1) “PM 2.5 

### ” means particulate matter with an aerodynamic di ameter less than or equal to a nominal 2.5 micrometers.

(30-2) "PM 2.5 

### emissions" means finely divided solid or liquid materials with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, discharged into the ambient air.

(31) "PM 10 

### " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers.

(32) "PM 10 

### emissions" means finely divided solid or liquid materials with an aerodynamic diameter less than or equal to a nominal 10 micrometer s, discharged into the ambient air.

(33) "Percent seasonal throughput" means percent of annual throughput conducted during each of the 4 seasonal periods (December—February, March—May, June—August, September—November).

(34) "Person" means any individual, group of individuals, firm, partnership, voluntary association, or private, public or municipal corporation, or agency, bureau, department or an instrumentality of federal, State, or local government responsible for the use of property.

(35) "Potential to emit" means the ma ximum capacity of a stationary source to discharge a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable through a permit condition, compliance plan, or administrative or court order.

(36) "Premises" means all the installations or other sources that are located on contiguous or adjacent properties and that are under the control of one person or under common control of a group of persons.

(37) “Prevention of Significant Deterioration (PSD) source” means any new or m odified source subject to the provisions of 40 CFR §52.21, as amended.

(38) "Process weight" means the total weight of all materials introduced into any specific process which may cause emissions. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not.

(39) "Process weight per hour" means the rate established as follows:

(a) For continuous or long-run steady-state operations, the total process weight for the entire period of continuous operation or for a typical portion of operation, divided by the number of hours of the period or portions of operation;

(b) For cyclical or batch operations, the total process weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during the period; and

(c) When the nature of any process or operation or the design of any equipment permits more than one interpretation of this definition, the interpretation that results in the minimum value for allowable emission shall apply.

(40) "Reasonably Available Control Technology (R ACT)" means the lowest emissions limit that a particular source is capable of meeting by the applicati on of control technology that is reasonably available considering technological and economic feasibility.



## 5

### (41) "Residual fuel oil" means that fuel oil that meets the specifications of the American Society for Testing and Materials for Numbers 4, 5, or 6 (bunker C) oils or crude oils when used as a fuel.

(42) "Secretary" means the Secr etary of the Environment.

(43) "Source" as defined in Environment Article, §2-101(i), Annotated Code of Maryland, means any property, real or personal, or person contributing to air pollution.

(44) "Stack or chimney" means any flue, conduit, or duct arranged to conduct emissions.

(45) "Stack height" means the height of a stack measur ed from the ground elevation to the top of the stack, not including caps, nozzles, or other encumbrances.

(46) "Standard conditions" means at a temperature of 77 °F (25°C) and a pressure of 29.92 inches (760 mm) of mercury.

(47) "Standard industrial classification (SIC) code" means a series of codes devised by the federal Office of Management and Budget (OMB) to classify establishm ents according to the type of economic activity in which they are engaged.

(48) "True vapor pressure (TVP)" means the vapor pre ssure of a material at storage temperature, where storage temperature is the maximum monthly averag e temperature of the material or 77°F (25°C), whichever is the higher.

(49) "Typical ozone season day (TOSD)" means a day typical of that period of the year during which conditions for photochemical ozone formation are most favorable, which is generally during sustained periods of direct sunlight (that is, long days, little cloud cover) and warm temperatures.

(50) "Unconfined source" means an installation that causes emissions which are not enclosed in a stack, duct, hood, flue, or other conduit but which escape into the atmosphere through openings such as windows, vents or doors, ill fitting closures, or poorly maintained equipment.

(51) "Vapor balance line" means any connection closed to the atmosphere between the vapor space of two storage containers that will allow the vapors to be disp laced as the liquid is transferred from one tank to the other.

(52) "Vapor pressure" means the total equilibrium par tial pressure or pressures for any given chemical or mixture at a given temperature.

(53) "Volatile organic compound (VOC)" means any or ganic compound which participates in atmospheric photochemical reactions, excluding those compounds which have been determined to have negligible photochemical reactivity by the U.S. Environmental Protection Agency and which are listed in 40 CFR §51.100(s), as amended.



## 6

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 17 Nonattainment Provisions for Major New Sources and Major Modifications

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102 and 10-103, Annotated Code of Maryland



## .01 Definitions.

A. For the purpose of this chapter, the following terms have the meanings indicated. Other applicable definitions may be found in COMAR 26.11.01.01.

B. Terms Defined.

(1) Actual Emissions.

(a) "Actual emissions" means:

(i) The actual rate of emissions of a regulated NSR pollutant from an emissions unit as determined in accordance with this subsection;

(ii) In general, as of a particular date, the average rate in tons per year at which the unit actually emitted the pollutant during a consecutive 24-month period, which precedes the particular date and which is representative of normal source oper ation, although the Department may allow the use of a different time period upon a determination that it is more representative of normal source operation; and

(iii) As of a particular date, for any emissions unit wh ich has not begun normal operations on the particular date, the unit's potential to emit on that date.

(b) Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(c) The Department may assume that source-speci fic allowable emissions for the emissions unit are equivalent to the actual emissions of the unit.

(2) "Allowable emissions" means the emissions rate calculated using th e maximum rated capacity of the source, unless the source is subject to federally enforceable limits which re strict the operating rate, or hours of operation, or both, and the most stringent of the following:

(a) Applicable standards as set forth in 40 CFR 60 and 61;

(b) Any applicable Maryland State Implementation Plan (SIP) emissions limitation, including those with a future compliance date; or



## 7

### (c) The emissions rate specified as a federally enfo rceable permit condition including those with a future compliance date.

(3) Baseline Actual Emissions.

(a) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant.

(b) For an existing electric utility steam generating unit, "baseline actual emissions" is determined by the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24- month period selected by the owner or operator within the 5-year period immedi ately preceding the date on which a complete application was submitted. The Department may approve a different period upon a demonstration that it is more represen tative of normal source operations.

(c) For an existing emissions unit, other than an electric utility steam generating unit, "baseline actual emissions" is determined by the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding the date on which a co mplete application was submitted. The Department may allow a different 24-month consecutive time period, within the last 10 years, upon a demonstration that it is more representative of normal source operations.

(d) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of the unit shall equal zero, and, thereafter, for all other purposes, sha ll equal the unit's potential to emit.

(e) For a PAL for a major stationary source, the baselin e actual emissions shall be calculated, for existing electric utility steam generating units, in accordance with the procedures contained in §B(3)(b) of this regulation, for other existing emissions units in accordance with the procedures contained in §B(3)(c) of this regulation, and for a new emissions unit, in accordance with the procedures contained in §B(3)(d) of this regulation.

(f) In General.

(i) The average rate of emissions shall include fugitive emissions to the extent quantifiable, and emissions associated with start-ups, shutdowns, and malfunctions.

(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emissions limitation that was legally enforceable during the consecutive 24-month period. However, if an emission limitation is part of a proposed or promulgated maximum achievable control technology standard under 40 CFR Part 63, the baseline actual emissions need only be adjusted if credit for the emissions redu ctions was taken in an attainment demonstration or maintenance plan.

(iii) When a project involves multiple emissions un its or different regulated NSR pollutants, only one consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed.

(iv) The average rate may not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions and adjusting the amount if required.

(4) "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. These activities include installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With



## 8

### respect to a change in method of operation, this definition refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(5) Best Available Control Technology.

(a) "Best available control technology" means an emissions limitation, including a visible emissions standard, based on the maximum degree of reduction for each regulated NSR pollutant which would beemitted from any proposed major stationary source or major modification which the Department, on a caseby-case basis, taking into account energy, envi ronmental, and economic impacts and other costs, determines is achievable for that source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control of the pollutant.

(b) Application of best available control technology may not result in emissions of any pollutant which would exceed the emissions allowe d by an applicable standard under 40 CFR 60 and 61.

(c) If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination of these, may be prescribed instead to satisfy the requirement for the application of best available control technology. This standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of the design, equipment, work pr actice, or operation, and shall pr ovide for compliance by means which achieve equivalent results.

(6) Building, Structure, Facility, or Installation.

(a) "Building, structure, facility, or installation" means all of the pollutant-emitting activities that belong to the same industrial group that are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control.

(b) Pollutant-emitting activities are considered as part of the same industrial group if they belong to the same "Major Group" (that is, have the same two-digit code as described in the Standard Industrial Classification Manual (SIC) prepared by the federal Office of Management and Budget (OMB) and amended in 1987).

(7) "Commence", as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and either has:

(a) Begun, or caused to begin, a continuous program of actual on-site construction of the source to be completed within a reasonable time; or

(b) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual on-site construction of the source to be completed within a reasonable time.

(8) "Construction" means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, which would result in a change in emissions.

(9) "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than 1/3 of its potential electric output capacity and more than 25 megawatts electric output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providin g steam to a steam electric genera tor that would produce electrical



## 9

### energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

(10) Emissions Reduction Credit (ERC).

(a) "Emissions reduction credit (ERC)" means a permanen t, enforceable, quantifiable reduction in actual emissions, occurring on or after January 1, 2003, whic h is surplus to all applicable State and federally enforceable requirements to be used to offset emission increases.

(b) "Emissions reduction credit (ERC)" does not constitu te a security or other form of property.

(11) "Emissions unit" means any part of a stationary source which emits, or would have the potential to emit, a regulated NSR pollutant.

(12) "Existing emissions unit" means an emissions unit that does not meet the requirement in §B(20) of this regulation.

(13) "Federally enforceable" means all limitations and conditions which are enforceable by the U.S. Environmental Protection Agency (EPA), including those requirements developed pursuant to 40 CFR 60 and 61, requirements within the SIP, any permit requi rements established pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, including operating permits issued under a program that is approved by EPA or that is incorp orated into the Maryland SIP and expressly requires adherence to any permit issued under the program.

(14) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(15) Lowest Achievable Emission Rate.

(a) "Lowest achievable emission rate" means, for any em issions unit, the more stringent rate of emissions based on the following:

(i) The most stringent emissions limitation which is co ntained in the implementati on plan of any state for the class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that these limitations are not achievable; or

(ii) The most stringent emissions limitation which is achieved in practice by the class or category of stationary sources, with this limitation, when app lied to a modification, meaning the lowest achievable emissions rate for the new or modified emissions units within the stationary source.

(b) The application of this definition does not permit a proposed new or modified emissions unit to emit any pollutant in excess of the amount allowable under 40 CFR 60.

(16) Major Modification.

(a) "Major modification" means any physical change in, or change in the method of operation of, a major stationary source that would result in a significan t emissions increase and a significant net emissions increase of any regulated NSR pollutant.

(b) Any significant emissions incr ease from any emissions unit or net emissions increase at a major stationary source that is considered significant for volatile organic compounds or NO x 

### is considered significant for ozone.



## 10

### (c) A physical change in or a change in the method of operation does not include:

(i) Routine maintenance, repair, and replacement;

(ii) Use of an alternative fuel or raw material by reason of an order under §2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, or any superseding legislation, or by reason of a natural gas curtailment plan pursuant to the federal Power Act;

(iii) Use of an alternative fuel by reason of an order or rule under §125 of the federal Clean Air Act;

(iv) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

(v) Use of an alternative fuel or raw material by a stationary source which the source was capable of accommodating before December 21, 1976, unless the change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976, pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, or 40 CFR §51.166, or the source is approved to use under any federally enforceable permit issued under this subtitle;

(vi) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition; or

(vii) Any change in ownership.

(d) This definition does not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements for a PAL.

(17) Major Stationary Source.

(a) "Major stationary source" means any stationary source of air pollution which emits or has the potential to emit 100 tons or more of any regulated NSR pollutant, except that lower emissions thresholds apply as follows:

(i) 25 tons or more per year of VOC or NO x 

### for sources located in Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederic k, Harford, Howard, Montgomery, or Prince George's counties;

(ii) 50 tons or more per year of VOC for sources located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somers et, Talbot, Washington, Wicomico, or Worcester counties;

(iii) 50 tons or more per year of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area; and

(iv) 70 tons or more per year of PM 10 

### in any serious nonattainment area for PM 10 

### .
(b) "Major stationary source" also means any physical change that would occur at a stationary source not qualifying under §B(17)(a) of this regulation as a majo r stationary source, if the change would constitute a major stationary source by itself.

(c) A major stationary sour ce that is major for volatile organic compounds or NO x 

### is considered major for

ozone.



## 11

### (d) In determining if a source is a major stationary source, fugitive emissions shall be included if the source belongs to one of the categories of stationary sources listed in 40 CFR §51.165(a)(1)(iv)(C).

(18) "Necessary preconstruction approvals or permits" means those permits or approvals required under this subtitle.

(19) Net Emissions Increase.

(a) "Net emissions increase" means, with respect to a regulated NSR pollutant emitted by a major stationary source, the amount by which the su m of the following exceeds zero:

(i) Any increase in emissions from a particular physical change or change in the method of operation at a stationary source; and

(ii) Any other increases and decreases in actual emissions of the particular pollutant that are contemporaneous with the particular change and are otherwise creditable.

(b) Baseline actual emissions for calculating increases and decreases under this definition shall be determined as provided in §B(3) of this regulation, except that §B(3)(c) does not apply.

(c) An increase or decrease in actual emissions of a particular pollutant is contemporaneous with the increase from the particular change if it occurs with in the 5-year period preced ing the date on which a complete permit application for the change is submitted and before the date that the increase from the particular change occurs.

(d) An increase or decrease in actual emissions is cred itable only if the Department has not relied on it in issuing a permit for the source and the permit is in effect when the increase in actual emissions from the particular change occurs.

(e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(f) A decrease in actual emissions is creditable only to the extent that:

(i) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(ii) The decrease is enforceable in a practicable manner at and after the time that the actual construction on the particular change begins;

(iii) The Department has not previously relied on the de crease in issuing any permit under this chapter or in demonstrating attainment or reasonable further progress in the SIP and it is not required by any other State requirement; and

(iv) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(g) An increase that results from a physical change occurs when the emissions unit on which construction occurred becomes operational and begins to emit a par ticular pollutant. Any repl acement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.



## 12

### (20) "New emissions unit" means an emissions unit which is or will be newly constructed and which has existed for less than 2 years from the date the emissions unit first operated.

(21) Potential to Emit.

(a) "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design.

(b) Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable.

(22) "Project" means a physical chan ge in, or change in the method of operation of, an existing major stationary source.

(23) Projected Actual Emissions.

(a) "Projected actual emissions" means the maximum an nual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if:

(i) The project involves increasing th e emissions unit's design capacity or its potential to emit the regulated NSR pollutant; and

(ii) Full utilization of the unit would result in a signifi cant emissions increase or a significant net emissions increase at the major stationary source.

(b) In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source shall:

(i) Consider all relevant information including historical operational data, the company's own representations, the company's expected business activ ity, the company's highest projections of business activity, the company's filings with the State or EPA, and compliance plans under the approved plan;

(ii) Include fugitive emissions to the extent quan tifiable and emissions asso ciated with start-ups, shutdowns, and malfunctions; and

(iii) Exclude, in calculating any increase in emissions that results from the particular project, that portion of the emissions unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increa sed utilization due to product demand growth.

(c) In lieu of using the method set out in §B(23)(b) of this definition, a person may elect to use the emissions unit's potential to emit, in tons per year.

(24) "Regulated NSR pollutant" means any pollutant for which a national ambient air quality standard has been promulgated and any pollutant that is a constituent or precursor of the pollutant for which there is an ambient air quality standard, provided that the constituent or precursor may only be regulated under this chapter as part of regulation of the pollutant. After January 1, 2011, PM 2.5 

### and PM 10 

### emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperature. These emissions shall be accounted for in applicability determinations and in establishing



## 13

### emission limitation in permits. Compliance with PM 2.5 

### and PM 10 

### emission limitations shall be as described in CFR 51.165(a)(1)(xxxvii)(D). Precursors identified for the purpose of NSR in Maryland are:

(a) Nitrogen oxides and volatile or ganic compounds are precursors of ozone in all ozone nonattainment

areas.

(b) Nitrogen oxides and sulfur dioxide are precursors of PM 2.5 

### in all PM 2.5 

### nonattainment areas.

(25) "Replacement unit" means an emissions un it that meets all of the following criteria:

(a) No creditable emission reductions are generated by shutting down the existing emissions unit that is replaced;

(b) The emissions unit is a reconstructed unit within th e meaning of 40 CFR §60.15(b)(1) or the emissions unit completely takes the place of an existing emissions unit;

(c) The emissions unit is identical to or functionally equivalent to the replaced emissions unit;

(d) The replaced unit does not alter the basic design parameters of the existing emissions unit; and

(e) The replaced emissions unit is permanently removed from the major stationary source or otherwise permanently disabled or barred from operation by a permit that is enforceable as a practicable matter.

(26) "Significant" means, in reference to a net emi ssions increase, a significant emissions increase or the potential of a source to emit a regulated NSR pollutant, or a rate of emissions that would equal or exceed any of the following rates:

(a) Volatile organic compounds or nitrogen oxides: 25 tons per year (tpy) in Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince George's counties;

(b) Volatile organic compounds or nitrogen oxides: 40 tpy in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somers et, Talbot, Washington, Wicomico, and Worcester counties.

(c) PM 2.5 

### emissions: 10 tpy;

(d) Sulfur dioxide: 40 tpy;

(e) Lead: 0.6 tpy;

(f) PM 10 

### : 15 tpy; and

(g) Carbon monoxide: 100 tpy.

(27) "Stationary source" means any building, structure, facility, or installation which emits or may emit any regulated NSR pollutant subject to this chapter.


## .02 Applicability.

A. This chapter applies Statewide, unless specifi ed otherwise throughout this Chapter, to:



## 14

### (1) New major stationary sources and major modifications that are major for VOC or NO x 

### ;

(2) New major stationary sources and major modifications that are major for PM 2.5 

### or its precursors and are located in Baltimore City or Anne Arundel, Baltimo re, Carroll, Charles, Fr ederick, Harford, Howard, Montgomery, Prince George's, and Washington counties;

(3) Any new major stationary source or major modificatio n at a major stationary source that is major for a pollutant for which the area is designated nonattainment under §107(d)(1)(A)(i) of the Clean Air Act (42 U.S.C. §7407); and

(4) Major stationary sources and major mo difications that are major for VOC or NO x 

### located in the Ozone Transport Region.

B. A person may apply for and obtain a permit to construct a new major stationary source or a major modification at an existing major stationary source af ter meeting the conditions of §A(1)—(4) of this regulation if all of the provisions in this chapter are met.

C. Major stationary sources and major modifications, whether located in attainment or nonattainment areas, may also be subject to the Preventio n of Significant Deterioration requirements in COMAR 26.11.06.14.

D. A person may not circumvent the intent of this chapter through incremental construction or modification or through staged construction or modification.

E. This chapter applies to any source for which:

(1) The Department did not receive, by November 15, 1992, an application which the Department determines is complete for all necessary permits to construct and approvals required by this subtitle; and

(2) A completed application, for all necessary permits to construct and approvals required by this subtitle, was received before November 15, 1992, but for which the applicant did not, as determined by the Department, diligently pursue those permits and approvals after November 15, 1992.

F. Major Modification.

(1) A project is a major modification for a regulated NSR pollutant if it causes a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increas e. If the project causes a signif icant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.

(2) Applicability Tests.

(a) Actual-to-Projected-Actual Applicability Test for Pr ojects That Involve Only Existing Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual em issions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant.

(b) Actual-to-Potential Test for Projects That Involv e Only Construction of a New Emissions Unit or Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project, equals or ex ceeds the significant amount for that pollutant.



## 15

## 16 (c) Hybrid Test for Projects That Involve Multiple Types of Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in F(2)(a) an d (b) of this regulation, as applicable, with respect to each emissions unit, for each type of emissions unit, equals or excee ds the significant amount for that pollutant.

G. At the time when a particular stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforcement limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this chapter apply to the source or modification as though construction had not yet commenced on the source or modification.

H. Any major stationary source with a PAL for a regulated NSR pollutant shall comply with the requirements of Regulations .07—.09 of this chapter.

I. Preconstruction Permit Program In Attainment Areas.

(1) The preconstruction permit program requirements also apply to any proposed major stationary source and to any major modification to the source in an area designated as a ttainment or unclassifiable for any National Ambient Air Quality Standard (NAAQS) pursuant to §107 of the Clean Air Act (42 U.S.C. 7407) when it would cause or contribute to a violation of a NAAQS.

(2) A major source or major modification is considered to cause or contribute to a violation of a NAAQS when the source or modification would, at a minimu m, exceed the following sign ificance levels at any locality that does not or would not meet the applicable national standard:

Averaging Time (hours)

Pollutant Annual 24 8 3 1

SO 2 

### 1.0 μg/m 3 

### 5.0 μg/m 3 

### 25 μg/m 3



### PM 10 

### 1.0 μg/m 3 

### 5.0 μg/m 3



### NO 2 

### 1.0 μg/m 3



### CO 0.5mg/m 3 

### 2.0 mg/m 3



### (3) A proposed major source or major modification subject to §I(2) of this regulation may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major source or major modification would otherwise cause or contribute to a violation of any NAAQS.

# T E C H N I C A L 

# S U P P O R T 

# D O C U M E N T

Department of the Environment 

# Amendments to COMAR 26.11.01.01 General Administrative Provisions and Regulations .01 and .02 under COMAR 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications

Purpose of the New Regulations/Amendments

The purpose of this action is to incorporate fe deral standards for the New Source Review (NSR) program for fine particulate matter and its precu rsors into the Code of Maryland Regulations (COMAR). Fine particulate matter is defined as particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers and is referred to as PM2.5. Maryland’s nonattainment area (NAA) NSR program is c ontained in COMAR 26.11.17, and applies to major stationary sources and major modifications which are major for PM2.5 or its precursors at facilities located in Baltimore City, Anne Arundel, Baltimore, Ca rroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George's and Washington counties.

Submission to EPA as Revision to Maryland' s SIP (or 111(d) Plan, or Title V Program)

These amendments will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's St ate Implementation Plan (SIP).

Background

On July 18, 1997, the EPA revised the National Ambient Air Quality Standards (NAAQS) for PM to add new standards for fine particles, using PM 2.5 as the indicator. Health-based (primary) annual and 24-hour standards for PM2.5 were established at 15 micrograms per cubic meter (μg/m3) and 65 μg/m3, respectively (62 FR 38652). At the same time that the primary standards were set, the EPA also established we lfare-based (secondary) standards identical to the primary standards.

Epidemiological studies measuring health e ffects associated with PM2.5 have shown a significant correlation between el evated PM2.5 levels and premat ure mortality. Other important effects associated with PM2.5 exposure include aggravation of respiratory and cardiovascular disease, lung disease, decreased lung functi on, asthma attacks, and certain cardiovascular problems. Individuals particularly sensitive to PM2.5 exposure include older adults, people with heart and lung diseas e, and children.

The Clean Air Fine Particle Implementation Ru le was proposed in the Federal Register on November 1, 2005 and included proposed revisions to the NSR program along with plans to implement the 1997 PM2.5 NAAQS (70 FR 65984). De tails included requirements and guidance for State and local air pollution agencies to follow in developing State Implementation Plans

1

## (SIPs) and NSR program provisions. On Apr il 25, 2007, the final implementation rule that included all the SIP related provisions was promulgated by the EPA (72 FR 20585).

On October 17, 2006, the EPA revised the primary and secondary NAAQS for PM2.5 and PM10 (71 FR 61143). In the final rule, the EPA reduced the 24-hour NAAQS for PM2.5 to 35 μg/m3 and retained the existing annual PM2.5 NAAQS of 15 μg/m3.

On May 16, 2008, the EPA finalized the NSR provisions of the November 1, 2005 proposed rule, and included details on major source threshold, si gnificant emissions rate, and applicability of NSR to PM2.5 precursors (“Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5)” (73 FR 28321)). In this final rule, changes associated with PM2.5 and its precurs ors to nonattainment area (NAA) NSR and NSR prevention of significant deterioratio n (PSD) programs were established.

In the development of the federal regulation, the EPA identified sulfur dioxide (SO2) and nitrogen oxides (NOx) as precursors for PM2.5; the MDE is adopting the same precursors (SO2 and NOx) to its nonattainment program for PM2. 5. Per 73 FR 28321, the final federal rule was effective on July 15, 2008, and the federal NSR requirements were effective on January 1, 2011.

Affected Sources Section I.A. of 73 FR 28321 identifies the follo wing industries as potentia lly affected by this new rule: electric services, petr oleum refining, industrial organic/ inorganic chemicals, natural gas liquids, natural gas transport, pulp a nd paper mill, automobile manufacturing and pharmaceuticals. Major stationary sources and major modifications located in PM2.5 nonattainment areas in Maryland, specifically in Baltimore City, Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howar d, Montgomery, Prince George's and Washington counties, would therefore be subject to the NSR program.

A review of sources located in Maryland a nd which submitted annual emission certification reports between 2007 and 2010 identified ten (10) sources with emissions greater than 100 tons per year (tpy) PM2.5. Evaluating this, these so urces, if newly locating to Maryland, would trigger NSR for major stationary sources. This in turn suggests that histor ically a limited number of sources would have been affected by this regulation.

Of the ten (10) sources repor ting greater than 100 tpy PM2.5 between the period of 2007 and 2010, seven (7) are electric generating units.

Requirements These amendments to COMAR 26.11.17, Nonattainm ent Provisions for Major New Sources and Major Modifications, reflecting the amendmen ts to 40 CFR 51.165 and 40 CFR 51 Appendix S, establish the following:

•SO2 and NOx are precursors to PM2.5; •The emission rate applicable to Major Stati onary Source threshold for PM2.5 and its precursors is 100 tpy; and •The emission rate applicable to Major Modifi cation for PM2.5 is 10 tpy direct PM2.5, 40 tpy of

2

## SO2 and 40 tpy of NOx.

Nonattainment NSR requirements in clude, but are not limited to: •Installation of Lowest Achievable Emission Rate (LAER) control technology; •Offsetting new emissions with cr editable emissions reductions; •Certification that all major sources owned and operated in the State by the same owner are in compliance with all applicable requirements under the Act; •An alternative siting analysis demonstrati ng that the benefits of the proposed source significantly outweigh the environm ental and social costs imposed as a result of its location, construction, or modification; and •Public comment on the permit.

Expected Emissions Reductions

The offset requirements of the amendments requir e emission reductions equa l to the emissions of the new PM2.5 major source or major modification to occur or to have occu rred in the past so that emissions in the NAA with the new source are equal to emissions in the NAA without the source. A source must also install controls to co mply with the lowest achievable emission rate which may not have occurred in the absence of the NSR program.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed acti on, but the proposed action is not more restrictive or stringent.

The federal nonattainment area New Source Review (NSR) requirements for PM2.5 are contained in 40 CFR 52.24, 40 CFR 51.165 and 40 CFR Part 51, Appendix S.

Economic Impact on Affected Sources, th e Department, other State Agencies, Local Government, other Industries or Trade Groups, the Public

With the inclusion of PM2.5 NAA NSR program into COMAR 26.11.17, there may be an associated cost on affected facilities. At the ti me that a facility becomes subject to the NSR program as a new major stationary source or majo r modification in an area of nonattainment, at a minimum the following requirements must be met: • Installation of Lowest Achievable Em ission Rate (LAER) control technology; • Offsetting new emissions with cr editable emissions reductions; and • An alternative siting analysis demonstrati ng that the benefits of the proposed source significantly outweigh the environm ental and social costs imposed as a result of its location, construction, or modification. Each of these requirements have an associated cost, impacted by the size, complexity and other pollutants emitted from the facility.

Additional economic impact on affected sources would be incurred due to costs associated with measuring, recording and reporting requirements.

3

## 4 There is no impact on the Department as a result of these amendments.

With the inclusion of PM2.5 NAA NSR program into COMAR 26.11.17, there may be an associated cost on affected facilities. At the ti me that a facility becomes subject to the NSR program as a new major stationary source or majo r modification in an area of nonattainment, at a minimum the following requirements must be met: • Installation of Lowest Achievable Em ission Rate (LAER) control technology; • Offsetting new emissions with cr editable emissions reductions; and • An alternative siting analysis demonstrati ng that the benefits of the proposed source significantly outweigh the environm ental and social costs imposed as a result of its location, construction, or modification. Each of these requirements have an associated cost, impacted by the size, complexity and other pollutants emitted from the facility.

Additional economic impact on affected sources would be incurred due to costs associated with measuring, recording and reporting requirements.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.P ROPOSED ACTION ON REGULATIONS 623

MARYLAND REGISTER, VOLUME 40, ISSUE 7, FRIDAY, APRIL 5, 2013 (xxi) Chemical process plants; (xxii) Fossil fuel boilers (or combination of them) totaling more than 250 million Btu per hour heat input;

(xxiii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(xxiv) Taconite ore processing plants; (xxv) Glass fiber processing plants; (xxvi) Charcoal production plants; (b) Any other source which emi ts or has the potential to emit 250 tons per year or more of any air pollutant, except for greenhouse gases, regulated under the Federal Clean Air Act (42 U.S.C. 7401 et seq.); (c) Beginning January 2, 2011, sources of GHGs to which 40 CFR 52.21(b)(49)(iv ) applies; and (d) Beginning July 1, 2011, sources of GHGs to which 40 CFR 52.21(b)(49)(v) applies. ] (38)

— (53) (text unchanged)


## 26.11.06 General Emission Standards, Prohibitions, and Restrictions

Authority: Environment Article, §§1

- 101, 1

- 404, 2

- 101

— 2

- 103, 2

- 301

— 2

-

303, 10

- 102, and 10

- 103, Annotated Code of Maryland

.14 Control of PSD Sources. A. (text unchanged) B. General Requirements. (1) A person may not construct, modify, or operate, or cause to be constructed, modified, or operated, a Preventio n of Significant Deterioration (PSD) source, as defined in COMAR 26.11.01.01B(37), which will result in violation of any provision of 40 CFR §52.21, as [ published in the 2009 edition, as amended by the

― Prevention of Significant Deterioration and Title V G reenhouse Gas Tailoring Rule ‖ (75 FR 31514) and the ― Deferral for CO 2 Emissions from Bioenergy and Other Biogenic Sources under the Prevention of Significant Deterioration and Title V Programs ‖ (76 FR 43490) ] amended

. (2) (text unchanged)

ROBERT M. SUMME RS, Ph.D. Secretary of the Environment


# Subtitle 11 AIR QUALITY

Notice of Proposed Action

[13

- 095

- P] The Secretary of the Environment proposes to amend: (1) Regulation .01 under COMAR 26.11.01 General A dministrative Provisions ; and (2) Regulations .01 and .02 under COMAR 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications

. Statement of Purpose The purpose of this action is to incorporate federal standards for the New Source Review (NSR) program for fine particulate matter and its precursors into the Code of Maryland Regulations (COMAR). Fine particulate matter is defined as particles wi th an aerodynamic diameter less than or equal to a nominal 2.5 micrometers and is referred to as PM 2.5 . Maryland ‘ s nonattainment area (NAA) NSR program is contained in COMAR 26.11.17, and applies to major stationary sources and major modifications which ar e major for PM 2.5 or its precursors at facilities located in Baltimore City, Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George ‘ s and Washington counties. These amendments will be submitted to the U.S. Environm ental Protection Agency (EPA) for approval as part of Maryland ‘ s State Implementation Plan (SIP).

Background On July 18, 1997, the EPA revised the National Ambient Air Quality Standards (NAAQS) for PM to add new standards for fine particles, using PM 2.5 a s the indicator. Health

- based (primary) annual and 24

- hour standards for PM 2.5 were established at 15 micrograms per cubic meter (μg/m3) and 65 μg/m3, respectively (62 FR 38652). At the same time that the primary standards were set, the EPA also establishe d welfare

- based (secondary) standards identical to the primary standards. Epidemiological studies measuring health effects associated with PM 2.5 have shown a significant correlation between elevated PM 2.5 levels and premature mortality. Other important ef fects associated with PM 2.5 exposure include aggravation of respiratory and cardiovascular disease, lung disease, decreased lung function, asthma attacks, and certain cardiovascular problems. Individuals particularly sensitive to PM 2.5 exposure include old er adults, people with heart and lung disease, and children. The Clean Air Fine Particle Implementation Rule was proposed in the Federal Register on November 1, 2005 and included proposed revisions to the NSR program along with plans to implement the 1997 PM 2.5 NAAQS (70 FR 65984). Details included requirements and guidance for State and local air pollution agencies to follow in developing State Implementation Plans (SIPs) and NSR program provisions. On April 25, 2007, the final implementation rule that inc luded all the SIP related provisions was promulgated by the EPA (72 FR 20585). On October 17, 2006, the EPA revised the primary and secondary NAAQS for PM 2.5 and PM 10 (71 FR 61143). In the final rule, the EPA reduced the 24

- hour NAAQS for PM 2.5 to 35 μg/m3 and retained the existing annual PM 2.5 NAAQS of 15 μg/m3. On May 16, 2008, the EPA finalized the NSR provisions of the November 1, 2005 proposed rule, and included details on major source threshold, significant emissions rate, and applicability of NSR
to PM 2.5 precursors ( ― Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ) ‖ (73 FR 28321)). In this final rule, changes associated with PM 2.5 and its precursors to nonattainment area (NAA) NSR and NSR prevention of significant deterioration (PSD) programs were established. In the development of the federal regulation, the EPA identified sulfur dioxide (SO 2 ) and nitrogen oxides (NO x ) as precursors for PM 2.5 ; the MDE is adopting the same precursors (SO 2 and NO x ) to its nonattainment program for PM 2.5 . Per 73 FR 28321, the final federal rule was effective on July 15, 2008, and the federal NSR requirements were effective on January 1, 2011.

Sources Affected and Location Section I.A. of 73 FR 28321 identi fies the following industries as potentially affected by this new rule: electric services, petroleum refining, industrial organic/inorganic chemicals, natural gas liquids, natural gas transport, pulp and paper mill, automobile manufacturing and pharmaceuti cals. Major stationary sources and major modifications located in PM 2.5 nonattainment areas in Maryland, specifically in Baltimore City, Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George ‘ s and Washington count ies, would therefore be subject to the NSR
program. A review of sources located in Maryland and which submitted annual emission certification reports between 2007 and 2010 identified ten (10) sources with emissions greater than 100 tons per year (tpy) PM 2. 5 . Evaluating this, these sources, if newly locating toPROPOSED ACTION ON REGULATIONS

624

MARYLAND REGISTER, VOLUME 40, ISSUE 7, FRIDAY, APRIL 5, 2013 Maryland, would trigger NSR for major stationary sources. This in turn suggests that historically a limited number of sources would have been affected by this regulation. Of the ten (10) sources repor ting greater than 100 tpy PM 2.5 between the period of 2007 and 2010, seven (7) are electric generating units.

Requirements These amendments to COMAR 26.11.17, Nonattainment Provisions for Major New Sources and Major Modifications, reflecting the amendment s to 40 CFR 51.165 and 40 CFR 51 Appendix S, establish the following: • SO 2 and NO x are precursors to PM 2.5 ; • The emission rate applicable to Major Stationary Source threshold for PM 2.5 and its precursors is 100 tpy; and • The emission rate applicable to Major Modification for PM 2.5 is 10 tpy direct PM 2.5 , 40 tpy of SO 2 and 40 tpy of NO x . Nonattainment NSR requirements include, but are not limited to: • Installation of Lowest Achievable Emission Rate (LAER) control technology; • Offsetting new emissions w ith creditable emissions reductions; • Certification that all major sources owned and operated in the State by the same owner are in compliance with all applicable requirements under the Act; •An alternative siting analysis demonstrating that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification; and •Public comment on the permit.

Expected Emissions Reductions The offset requirements of the amendments require emission reductions equal to the emissions of the new PM 2.5 major source or major modification to occur or to have occurred in the past so that emissions in the NAA with the new source are equal to emissions in the NAA without the source. A source must also install controls to comply with the lowest achievable emission rate which may not have occurred in the absence of the NSR program.

Comparison to Federal Standards There is a corresponding federal standard to this proposed action, but the propose d action is not more restrictive or stringent.

Estimate of Economic Impact I. Summary of Economic Impact. With the inclusion of PM 2.5 NAA NSR program into COMAR 26.11.17, there may be an associated cost on affected facilities. At the time that a facility b ecomes subject to the NSR program as a new major stationary source or major modification in an area of nonattainment, at a minimum the following requirements must be met: • Installation of Lowest Achievable Emission Rate (LAER) control technology; • Offset ting new emissions with creditable emissions reductions; and • An alternative siting analysis demonstrating that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction , or modification. Each of these requirements have an associated cost, impacted by the size, complexity and other pollutants emitted from the facility. Additional economic impact on affected sources would be incurred due to costs associated with measuring, recording and reporting requirements. There is no impact on the Department as a result of these amendments. Revenue (R+/R

- ) II. Types of Economic Impact. Expenditure (E+/E

- ) Magnitude

A. On issuing agency: NONE
B. On other State agenci es: NONE
C. On local governments: NONE

Benefit (+) Cost (

- ) Magnitude

D. On regulated industries or trade groups: (

- ) Indeterminable at this time.
E. On other industries or trade groups: NONE
F. Direct and indirect effects on public: (+) Indeterminable III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. With the inclusion of PM 2.5 NAA NSR program into COMAR 26.11.17, there may be an associated cost on affected facilities. At the time that a facility becomes subject to the NSR program as a new major stationary source or major modification in an area of nonattainment, at a minimum the following requirements must be
met: • Installation of Lowest Achievable Emission Rate (LAER) control technology; • Offsetting n ew emissions with creditable emissions reductions; and • An alternative siting analysis demonstrating that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or

m odification. Each of these requirements have an associated cost, impacted by the size, complexity and other pollutants emitted from the facility. Additional economic impact on affected sources would be incurred due to costs associated with measuring, recor ding and reporting requirements. F. This action will help improve Maryland ‘ s air quality and will result in fewer negative health effects on the general public from air pollution.
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 an impact on individuals with disabilities as follows: This action will have a positive impact on individuals with disabilities involving respiratory probl ems by reducing air pollutants that contribute to disease.

Opportunity for Public Comment The Department of the Environment will hold a public hearing on the proposed action on May 7, 2013 at 10 a.m. at the Department of the Environment, 1800 Washington Bo ulevard, 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 RadiationP ROPOSED ACTION ON REGULATIONS 625

MARYLAND REGISTER, VOLUME 40, ISSUE 7, FRIDAY, APRIL 5, 2013 Management Administration, Department o f 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 7, 2013, or be submitted at the hearing. For more information, call Deborah Rabin at (410) 537

- 3240. Copies of the proposed action and supporting documents are available for review at the following locations: The Air and Radiation Management Administration; regional offices of the Department in Cumberland and Salisbury; all local air qual ity 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 us ers may contact the Department through the Maryland Relay Service at 1

- 800

- 735

- 2258.



## 26.11.01 General Administrative Provisions

Authority: Environment Article, §§1

- 101, 1

- 404, 2

- 101

— 2

- 103, 2

- 301

— 2

-

303, 10

- 102, and 10

- 103, Annotated Code of Maryland

.01 D efinitions. A. In this subtitle, the following terms have the meanings indicated. B. Terms Defined. (1)

— (28) (text unchanged) (29) ― Particulate matter (PM) ‖ means any material, except water in uncombined form, that is or has been airborne, and exists as a liquid or a solid at standard conditions. (30) (text unchanged) (3 0

- 1) “ PM

2.5 ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers. (30

- 2) “ PM 2.5 emissions ” means finely divided solid or liquid
mater ials with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, discharged into the ambient air. (31)

— (53) (text unchanged) 

## 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications

Authority: Environment Article , §§1

- 101, 1

- 404, 2

- 101

— 2

- 103, 2

- 301

— 2

-

303, 10

- 102 and 10

- 103, Annotated Code of Maryland

.01 Definitions. A. For the purpose of this chapter, the following terms have the meanings indicated. Other applicable definitions may be found in COMAR 26.11.01.01

. B. Terms Defined. (1)

— (23) (text unchanged) (24) ― Regulated NSR pollutant ‖ means any pollutant for which a national ambient air quality standard has been promulgated and any pollutant that is a constituent or precursor of the pollutant for which the re is an ambient air quality standard, provided that the constituent or precursor may only be regulated under this chapter as part of regulation of the pollutant

. After January 1, 2011, PM 2.5 and PM

10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperature. These emissions shall be accounted for in applicability determinations and in establishing emission limitation in permits. Compliance with PM 2.5 and PM

10 emission limitations sh all be as described in CFR 51.165(a)(1)(xxxvii)(D). Precursors identified for the purpose of NSR in Maryland are: (a) Nitrogen oxides and volatile organic compounds are precursors of ozone in all ozone nonattainment areas. (b) Nitrogen oxides and sulfur di oxide are precursors of PM 2.5 in all PM

2.5 nonattainment areas. (25) (text unchanged) (26) ― Significant ‖ means, in reference to a net emissions increase, a significant emissions increase or the potential of a source to emit a regulated NSR pollutant, or a rate of emissions that would equal or exceed any of the following rates: [ (a) For VOC or NO x : (i) 25 tons/year in Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, or Prince George ‘ s coun ties; or

(ii) 40 tons/year in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne ‘ s, St. Mary ‘ s, Somerset, Talbot, Washington, Wicomico, and Worcester counties. (b) For all other regulated NSR pollutants: (i) Carbon monoxide

— 100 tons per year; (i i) Sulfur dioxide

— 40 tons per year; (iii) Lead

— 0.6 tons per year; and (iv) PM 10 — 15 tons per year. ] (a) Volatile organic compounds or nitrogen oxides: 25 tons per year (tpy) in Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, F rederick, Harford, Howard, Montgomery, and Prince George ‟ s counties; (b) Volatile organic compounds or nitrogen oxides: 40 tpy in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne ‟ s, St. Mary ‟ s, Somerset, Talbot, Washington, Wicomico, and Worcester counties. (c) PM

2.5 emissions: 10 tpy; (d) Sulfur dioxide: 40 tpy; (e) Lead: 0.6 tpy; (f) PM 10 : 15 tpy; and (g) Carbon monoxide: 100 tpy. (27) (text unchanged)
.02 Applicability. [ A. This chapter applies Statewide to: ] A. This chapter applies Statew ide, unless specified otherwise throughout this Chapter

, to: (1) New major stationary sources and major modifications that are major for VOC or NO x ; (2) New major stationary sources and major modifications that are major for PM 2.5 or its precursors and are located in Baltimore City or Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George ‟ s , and Washington counties; [ (2) ] (3)

— [ (3) ] (4) (text unchanged) B. A person may apply for and obtain a permit to construct a new major stationary source or a major modification at an existing major stationary source [ in an area designated as nonattainment for a particular pollutant or, as applicable, within the Ozone Transport Region, ] after meeting the conditions of §§A(1)

— (4) o f this regulation if all of the provisions in this chapter are met. C. Major stationar

y sources and major modifications, whether located in attainment or nonattainment areas, may also be subject to the Prevention of Significant Deterioration requirements in COMAR 26.11.06.14. [ C

. ] D . (text unchanged) [ D. Major stationary sources that are located in ozone or NO x attainment areas may also be subject to the Prevention of Significant Deterioration requirements in COMAR 26.11.06.14. ] E. (text unchanged) F. Maj or Modification. (1) A project is a major modification for a regulated NSR pollutant if it causes a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissio ns increase. If the project causes a significant emissions increase, then the project is a majorPROPOSED ACTION ON REGULATIONS

626

MARYLAND REGISTER, VOLUME 40, ISSUE 7, FRIDAY, APRIL 5, 2013 modification only if it also results in a signi ficant net emissions increase. (2) Applicability Tests. (a) Actual

- to

- Projected

- Actual Applicability Test for Pr ojects That Involve Only Existing Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant. (b) Actual

- to

- Potential Test for Projects That Involve Only Construction of a New Emissions Unit or Units. A significant emissions increase of a regulated NSR pollutant is project ed to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project, equals or exceeds the significant amount for that p ollutant. (c) Hybrid Test for Projects That Involve Multiple Types of Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method speci fied in §F(2)(a) and (b) of this regulation, as applicable, with respect to each emissions unit, for each type of emissions unit, equals or exceeds the significant amount for that pollutant. G.

— I. (text unchanged)
ROBERT M. SUMMERS, Ph.D. Secretary of the Environment


# Subtitle 11 AIR QUALITY
26.11.27 Emission Limitations for Power Plants

Authority: Environmental Article, §§1

- 101, 1

- 404, 2

- 101

— 2

- 103, 2

- 301

— 2

- 303, 2

- 1003, 10

- 102, [ and ] 10

- 103, and 10

- 1 002, Annotated Code of Maryland Notice of Proposed Action

[13

- 094

- P] The Secretary of the Environment proposes to amend Regulations .02 and .03 under COMAR 26.11.27 Emission Limitations for Power Plants

. Statement of Purpose The purpose of this action is to reinstate the original annual and ozone season emission limits for NO x and annual emission limits for SO 2 for R. Paul Smith Power Station electric generating units as established under COMAR 26.11.27 Emission Limitations for Power Plants adopted perman ently effective July 16, 2007. This action is in response to a request by R. Paul Smith to the Maryland Department of the Environment (MDE) to retain its Title V permit although the power plant has ceased operations as of September 1, 2012. This action wi ll be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland ‘ s State Implementation Plan.

Background Under the Healthy Air Act (HAA) which is codified as COMAR 26.11.27

– Emission Limitations for Power Plants, R. Paul Smith units 3 and 4 are defined as an affected facility subject to the requirements of §2

- 1003(c), Annotated Code of Maryland. The exception provisions of the HAA authorize the Department to allow the R. Paul Smith facility, units 3 and 4, to operate with out complying with the emissions requirements of the HAA if PJM Interconnection, Inc. (PJM Inc.) determines that the termination of operation of the facility will adversely affect the reliability of electrical service in the PJM region. PJM Inc. conducted an evaluation in 2006 and determined that R. Paul Smith is needed to maintain reliability. The HAA also requires that if R. Paul Smith units 3 and 4 are allowed to operate without complying with the emissions requirements then the following conditions mus t be met: ― (1) The facility may not operate at emissions levels greater than the highest level measured at the facility during the calendar years 2000 through 2004; and (2) The Department upon review of the operations of the facility shall adopt regulation s to establish an alternative emissions requirement for the facility. ‖ The Department consequently made amendments to the HAA, which on September 7, 2009 became effective. The Department continued to monitor the necessity to maintain the R. Paul Smith faci lity and formally contacted PJM Inc. to request a reevaluation of the plant on March 14, 2011. The Department maintained the position to revise the regulations, if needed, based on PJM ‘ s reevaluation and the Department ‘ s findings. On January 26, 2012, R. P aul Smith informed PJM of its intent to retire R. Paul Smith units 3 and 4. At no time did PJM object to the planned shut

- down on concerns of reliability. On September 1, 2012, R. Paul Smith units 3 and 4 formally ceased operations though the power plant w ishes to retain its Title V permit. The Department, therefore, is reestablishing the emission limits of the original HAA for R. Paul Smith units 3 and 4 and should the units ever come back online they would be required to meet the more stringent emission

s tandards.

Sources Affected and Location The R. Paul Smith facility is the only source affected by the amendments. R. Paul Smith Electric Power Generation Station is owned and operated by the FirstEnergy Corporation which has ceased the operations of the power plant as of September 2012. The facility, located in Washington County, Maryland operated two coal

fired boilers (unit 3 and unit 4).

Requirements The proposed amendments will reinstate the following annual and ozone NO x and annual SO 2 emission lim its for R. Paul Smith, effective September 1, 2012: 1. An annual emission limit of 55 tons of NO x for unit 3 and 288 tons of NO x for unit 4; 2. An ozone season emission limit of 22 tons of NO x for unit 3 and 118 tons of NO x for unit 4; and 3. An annual em ission limit of 124 tons of SO 2 for unit 3 and 644 tons of SO 2 for unit 4.

Expected Emissions Reductions The proposed action provides no emission reductions. However, should the R. Paul Smith facility re

- open then units 3 and 4 would be subject to stricte r emission standards.

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 mi nimal 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 7, 2013, at 10 a.m., at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference

# IN THIS ISSUE Attorney General Open Meetings Compliance Board Judiciary Regulations Errata General Notices Vol ume 40 • Issue 13 • Page s 1059

— 1104

Pursuant to State Government Article, §7

- 206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before June 10, 2013, 5 p .m.

Pursuant to Stat e Government Article, §7

- 206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of June 10, 2013

.
Brian Morris

Acting Administrator, Division of State Documents

Office of the Secretary of State 

## Issue Date: June 28, 2013

# Information About the Maryland Register and COMAR

MARYLAND REGISTER The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly. The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register. The following info rmation is also published regularly in the Register: • Governor ‟ s Executive Orders • Attorney General ‟ s Opinions in full text • Open Meetings Compliance Board Opinions in full text • State Ethics Commission Opinions in full text • Court Rule s • District Court Administrative Memoranda • Courts of Appeal Hearing Calendars • Agency Hearing and Meeting Notices • Synopses of Bills Introduced and Enacted by the General Assembly • Other documents considered to be in the public interes t
CITATION TO THE MARYLAND REGISTER The Maryland Register is cited by volume, issue, page number, and date. Example: • 19:8 Md. R. 815

— 817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815

— 817 of the Maryland Register issued on April 17, 1992.

CO DE OF MARYLAND REGULATIONS (COMAR) COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR ‟ s temporary supplement, printing all changes to regulations as soon as they occur. At lea st once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to i t. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Marylan d Register by an Editor ‟ s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depo sitory libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410

- 974

- 2486. HOW TO RESEARCH REGULATIONS
An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the „„ Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed ‟‟ which i s found online at www.dsd.state.md.us/CumulativeIndex.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a tempora ry supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410

- 260

- 3876

.

SUBSCRIPTION INFORMATION For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $ 1 5.00 per issue.

CITIZEN PARTICIPATION IN THE REGULATION

- MAKING PROCESS Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references

are to State Government Article (SG), Annotated Code of Maryland): • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see „„ Opportunity for Public Comment ‟‟ at the beginning of all regulations appeari ng in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10

- 112) • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10

- 123) • By petitioning an agency to i ssue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3) • By petitioning the circuit court for a declaratory judgment on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10

- 125) • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7

- 213)

Maryland Register (ISSN 0360

- 2834) . Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410

- 260

- 3876 ; Fax 410

- 280

- 5647 . Published biweekly, with cumulative indexes published quarterly, b y the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The s ubscription rate for the Maryland Register is $ 225 per year (first class mail). All subscriptions post

- paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices. Martin O ’ Malley , Governor; John P. McDonough , Secretary of State; Brian Morris

, Acting Administrator ; Gail S. Klakring

, Senior Editor ; Mary D. MacDonald , Editor, Maryland Register and COMAR; Elizabeth Ra msey , Editor, COMAR Online , and Subscription Manager ; Tami Cathell , Help Desk, COMAR and Maryland Register Online. Front cover: State House, Annapolis, MD, built 1772

— 79. Illustrations by Carolyn Anderson , Dept. of General Services

Note: All products pu rchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7

- 206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

# Contents

1061

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

## Closing Dates for the Maryland Register Schedule of Closing Dates and Issue Dates for the Maryland Register

................................ ................................ .. 1063



## COMAR Research Aids Table of Pending Proposals

................................ ........................ 1064



## Index of COMAR Titles Affected in This Issue
COMAR Title Number and Name Page
03 Comptroller of the Treasury

................................ ............ 1073 08 Department of Natural R esources

......................... 1073, 1079 09 Department of Labor, Licensing, and Reg ulation

. 1073, 1081 10 Department of Health and Mental Hygiene

................................ .................... 1072

, 1074, 1084 14 Independent Agencies

................................ ..................... 1091 15 Department of Agriculture

................................ .............. 1076 17 Department of Budget and Management

........................ 1078 20 Public Service Commission

................................ ............ 1076 26 Department of th e Environment

............................ 1076, 1078 27 Critical Area Commission for the Chesapeake and Atlantic Coastal Bays

................................ ................... 1094 33 State Board of Elections

................................ .................. 1095



## PERSONS WITH DISABILITIES Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974

- 2486, or (800) 633

- 9657, or FAX to (410) 974

- 2546, or through Maryland Relay.



## The Attorney General

OPINIONS

................................ ................................ ........... 1067 

## Open Meetings Compliance Board

SUMMARY OF OPINIONS ISSUED FROM MARCH 29

— JUNE 3, 2013

................................ ................................ .... 1070



## The Judiciary

COURT OF APPEALS OF MARYLAND DISCIPLINARY PROCEEDINGS

................................ . 1071 

## Emergency Action on Regulations

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE FOOD Shellfish Sanitation

................................ .......................... 1072 

## Final Action on Regulations

03 COMPTROLLER OF THE TREASURY INCOME TAX General Regulations

................................ ......................... 1073 Individual

................................ ................................ ......... 1073 Corporations

................................ ................................ .... 1073 Credit for Employer

- Provided Long

- Term Care Insurance

................................ ................................ ....... 1073 Nonresident Real Estate Withholding Tax

....................... 1073 08 DEPARTMENT OF NATURAL RESOURCES FISHERIES SERVICE Shellfish Aquaculture and Leasing

................................ .. 1073 0 9 DEPARTMENT OF LABOR, LICENSING, AND REGULATION DIVISION OF LABOR AND INDUSTRY Elevator, Escalator, and Chairlift Safety

......................... 1073 STATE ATHLETIC COMMISSION Safety and Health Standards for Contestants

................... 1073 Boxing and Kickboxing Facilities and Equipment

.......... 1074 Boxing and Kickboxing Facilities and Equipment

.......... 1074 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE MEDICAL CARE PROG RAMS Case Management for Individuals with Developmental Disability

................................ ................................ ...... 1074 Targeted Case Management for People with Intellectual and Developmental Disab ilities

................................ .... 1074 BOARD OF PHARMACY Opening and Closing of Pharmacies

................................ 1076 Change to Permit―Pharmacy or Wholesale Distribution Permit Holder

................................ ............................... 1076 15 DEPARTMENT OF AGRICULTURE PESTICIDE USE CONTROL Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses

................................ ................. 1076 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION Lot Released from Easement for Landowner or Child

.... 1076 20 PUBLIC SERVICE COMMISSION RENEWABLE ENERGY PORTFO LIO STANDARD PROGRAM General

................................ ................................ ............ 1076 Certifiable Renewable Energy Facilities

......................... 1076 Renewable Energy Credit

................................ ................ 1076 26 DEPARTMENT OF THE ENVIRONMENT AIR QUALITY General Administrative Provisions

................................ .. 1076 General Emission Standards, Prohibitions, and Restrictions

................................ ................................ ... 1076 General Administrative Provisions

................................ .. 1077 Nonattainment Provisions for Major New Sources and Major Modifications

................................ ..................... 1077 Emission Limitations for Power Plants

........................... 1077 Outer Continental Shelf Air Regulations

......................... 1077 

## Withdrawal of Regulations

17 DEPARTMENT OF BUDGET AND MANAGEMENT PERSONNEL SERVICES AND BENEFITS State Employees ‟ Health Benefits

................................ ... 1078 26 DEPARTMENT OF THE ENVIRONMENT AIR QUALITY Control of Fuel

- Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel

- Burning Installations

................................ ................................ .. 1078 COMAR 26.11.14 Control of Emissions from Kraft Pulp Mills

................................ ................................ ..... 1078 

## Proposed Action on Regulations

08 DEPARTMENT OF N ATURAL RESOURCES FISHERIES SERVICE Fish

................................ ................................ .................. 1079 Endangered and Threatened Fish Species

....................... 1079

# Contents

1062

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION RACING COMMISSION Prohibited Acts

................................ ................................ 1081 DIVISION OF LABOR AND INDUSTRY Maryland Occupational Safety and Health Act

— Incorporation by Reference of Federal Standards

......... 1082 10 DEPARTMENT OF HE ALTH AND MENTAL HYGIENE MEDICAL CARE PROGRAMS Home Health Services

................................ ..................... 1084 Hospital Services

................................ ............................. 1084 Freestanding Clinics

................................ ........................ 1084 Nursing Facility Services

................................ ................. 1084 Medical Assistance Eligibility

................................ ......... 1084 Community Based Services for Developmentally Disabled Individuals Pursuant to a 1915(c) Waiver

..................... 1084 Programs of All

- In clusive Care for the Elderly (PACE)

.... 1084 Home and Community

- Based Services Waiver for Adults with Traumatic Brain Injury

................................ ......... 1084 Service Coordination for Children with Disabilities

........ 1084 Living at Home Waiver Program

................................ ..... 1084 Home and Community

- Based Servi ces Waiver for Children with Autism Spectrum Disorder

..................... 1084 Primary Adult Care Program Eligibility

.......................... 1084 Maryland Medicaid M anaged Care Program: Definitions 1084 Maryland Medicaid Managed Care Program: Eligibility and Enrollment

................................ ............................. 1084 Maryland Med icaid Managed Care Program: Rare and Expensive Case Management

................................ ....... 1084 Maryland Medicaid Managed Care Program: Specialty Mental Health System

................................ ................... 1084 Psychiatric Residential Treatment Facility (PRTF) Demonstration Waiver

................................ .................. 1084 FOOD Shellfish Sanitation

................................ .......................... 1089 BOARD OF PHARMACY Institutional Pharmacy

................................ ..................... 1089 14 INDEPENDENT AGENCIES MARYLAN D ENERGY ADMINISTRATION Clean Energy Grant Program

................................ ........... 1091 27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT Habitat Protection Areas in the Critical Area

................... 1094 33 STATE BOARD OF ELECTIONS INSPECTION AND COPYING OF PUBLIC RECORDS In General

................................ ................................ ........ 1095 VOTER REGISTRATION Definitions; General P rovisions

................................ ....... 1096 Voter Registration Applications

................................ ...... 1096 Dissemination of VRA Forms

................................ ......... 1096 Processing VRAs and Other Requests

............................. 1096 ABSENTEE BALLOTS Definitions; General Provisions

................................ ....... 1098 Applications

................................ ................................ ..... 1098 Issuance and Return

................................ ......................... 1098 EARLY VOTING Public Noti ce of Early Voting

................................ .......... 1099



## Errata

13A.16.01.02

................................ ................................ ....... 1100 13A.16.03.0 3

................................ ................................ ....... 1100 

## General Notices

BOARD OF BARBERS Public Meeting

................................ ................................ 1101 BAY RESTORATION FUND ADVISORY COMMITTEE Public Meeting

................................ ................................ 1101 BOARD OF CHIROPRACTIC AND MASSAGE THERAPY EXAMINERS Public Meeting

................................ ................................ 1101 BOARD OF COSMETOLOGISTS Public Meeting

................................ ................................ 1101 G OVERNOR ‟ S OFFICE OF CRIME CONTROL AND PREVENTION Public Meeting

................................ ................................ 1101 BOARD OF DIETETIC PRACTICE Public Meeting

................................ ................................ 1101 PROFESSIONAL STANDARDS AND TEACHER EDUCATION BOARD Public Meeting

................................ ................................ 1101 BOARD OF MASTER ELEC TRICIANS Public Meeting

................................ ................................ 1101 BOARD FOR PROFESSIONAL ENGINEERS Public Meeting

................................ ................................ 1101 STATE BOARD OF STATIONARY ENGINEERS Public Meeting

................................ ................................ 1101 BOARD OF FORESTERS Public Meeting

................................ ................................ 1101 DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES Public Notice of Maryland Medicaid Rate Increase for Nursing Facility Services

................................ ............. 1101 Public Notice of Rate Increase for Targeted Case Management for Individuals with Developmental Disabilities

................................ ................................ .... 1101 Public N otice of Increase in Reimbursement Rates for Public Mental Health System

................................ ....... 1102 Public Notice

................................ ................................ ... 1102 Public Notice

................................ ................................ ... 1102 Public Notice

................................ ................................ ... 1102 BOARD OF HEATING, VENTILATION, AIR

- CONDITIONING, AND REFRIGERATION CONTRACTORS (HVACR) Public Meeting

................................ ................................ 1102 MARYLAND INSURANCE ADMINISTRATION Public Hearing

................................ ................................ . 1102 Pu blic Meeting

................................ ................................ 1103 Public Meeting

................................ ................................ 1103 Public Meeting

................................ ................................ 1103 Pub lic Meeting

................................ ................................ 1103 COMMISSION ON KIDNEY DISEASE Public Meeting

................................ ................................ 1103 DIVISION OF LABOR AND INDU STRY/MARYLAND APPRENTICESHIP AND TRAINING COUNCIL Public Meeting

................................ ................................ 1103 MARYLAND HEALTH CARE COMMISSION Public Meeting

................................ ................................ 1103 Notice of Receipt of Application

................................ ..... 1103 GOVERNOR ‟ S COMMISSION ON MARYLAND MILITARY MONUMENTS Public Meeting

................................ ................................ 1103 DEPARTMENT OF NATURAL RESOURCES/FISHERIES SERVICE Public Notice

................................ ................................ ... 1103

# Contents

1063

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRID AY, JUNE 28, 2013 BOARD OF OCCUPATIONAL THERAPY PRACTICE Public Meeting

................................ ................................ . 1104 BOARD OF PLUMBING Public Meeting

................................ ................................ . 1104 BOARD OF PODIATRIC MEDICAL EXAMINERS Public Meeting

................................ ................................ . 1104 Public Meeting

................................ ................................ . 1104 BOARD OF EXAMINERS OF PSYCHOLOGISTS Public Meeting

................................ ................................ . 1104 RACING COMMISSION Public Meeting

................................ ................................ . 1104 STATE RETIREMENT AGENCY Public Meeting

................................ ................................ . 1104 STATE BOARD OF INDIVIDUAL TAX PREPARERS Public Meeting

................................ ................................ . 1104 MARYLAND DEPARTMENT OF TRANSPORTATION Public Meeting

................................ ................................ . 1104 DEPARTMENT OF VETERANS AFFAIRS/MARYLAND VETERANS COMMISSION Public Meeting

................................ ................................ . 1104 WORKERS ‟ COMPENSATION COMMISSION Public Meeting

................................ ................................ . 1104



## COMAR Online The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regul ations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR. The Maryland Register is also available at www.dsd.state.md.us

. For additional information, visit www.sos.state.md .us, Division of State Documents, or call us at (410) 974

- 2486 or 1 (800) 633

- 9657.



## Availability of Monthly List of Maryland Documents The Maryland Department of Leg islative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title „„ Maryland Documents ‟‟ . This list is published monthly, and contai ns bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. „„ Maryland Documents ‟‟ also includes local publications. Anyone wishing to receive „„ Maryland Docu ments ‟‟ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401

. 

## CLOSING DATES AND ISSUE DATES through JANUARY 24, 2014

Issue Date Emergency

and Proposed Regulations 5 p.m.* Final

Regulations 10:30 a.m. Notices, etc.

10:30 a.m. July 12** June 24 July 2 June 28 July 26 July 8 July 17 July 15 August 9 July 22 July 31 July 29 August 23 August 5 August 14 August 12 September 6** August 19 August 26 August 23 September 20** August 29 September 11 September 9 October 4 September 16 September 25 September 23 October 18 September 30 October 9 October 7 November 1** October 11 October 23 October 21 November 15 October 28 November 6 November 4 December 2*** November 8 November 18 November 15 D ecember 13 November 25 December 4 December 2 December 27** December 9 December 16 December 13 January 10** December 23 December 30 December 27 January 24** January 6 January 14 January 13

* Due date for documents containing 8 to 18 pages

— 48 hours bef ore date shown; due date for documents exceeding 18 pages

— 1 week before date shown NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9 POINT, SINGLE

- SPACED FORMAT. THE REVISED PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes

*** Note issue date and closing date changes The regular closing date for Proposals and Emergencies is Monday.1064

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013



# Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed

This table, previously printed in the Maryland Register lists the regulat ions, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be fou nd on the Division of State Documents website at www.dsd.state.md.us.



# Table of Pending Proposals

The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR n umber, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by

“ (err) ” . Regulations referencing a document incorporated by reference are followed by “ (i br) ” . None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

03 COMPTROLLER OF THE TREASURY

03.01.01.04 • 40:3 Md. R. 221 (2

- 8

- 13) 03. 06.01.08 • 40:3 Md. R. 222 (2

- 8

- 13) 03.06.01.09 • 40:3 Md. R. 223 (2

- 8

- 13) 03.06.01.10 • 40:3 Md. R. 223 (2

- 8

- 13) 03.06.01.22 • 40:3 Md. R. 224 (2

- 8

- 13) 03.06.01.28 • 40:2 Md. R. 77 (1

- 25

- 13) 03.06.01.43 • 40:3 Md. R. 226 (2

- 8

- 13) 03.06.01.45 • 40:3 Md. R. 227 (2

- 8

- 13) 03.06.03.02 • 40:3 Md. R. 227 (2

- 8

- 13) 03.06.03.05 • 40:3 Md. R. 228 (2

- 8

- 13)

05 DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

05.19.02.01

— .04 • 40:9 Md. R. 791 (5

- 3

- 13)

07 DEPARTMENT OF HUMAN RESOURCES

07.02.11 • 40:10 Md. R. 947 (5

- 17

- 13) (err) 07.02.11.12 • 40:9 Md. R. 792 (5

- 3

- 13)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.05.07 • 40:13 Md. R. 1079 (6

- 28

- 13) 08.02.05.12,.21 • 40:8 Md. R. 728 (4

- 19

- 13) 08.02.10.01 • 40:9 Md. R. 793 (5

- 3

- 13) 08.02.12.03 • 40:13 Md. R. 1079 (6

- 28

- 13) 08 .02.15.02,.04,.05,.07,.12 • 40:11 Md. R. 980 (5

- 31

- 13) 08.03.09.07 • 40:10 Md. R. 918 (5

- 17

- 13) 08.18.06.01

— .05 • 40:10 Md. R. 925 (5

- 17

- 13) 08.18.07.01,.02 • 40:10 Md. R. 926 (5

- 17

- 13) 08.18.08.01

— .05 • 40:12 Md. R. 1045 (6

- 14

- 13) 08.18.09.01

— .11 • 40:12 Md. R. 1046 (6

- 14

- 13) 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

09.03.06.17 • 40:12 Md. R. 1047 (6

- 14

- 13) 09.09.02.01

— .03 • 40:6 Md. R. 478 (3

- 22

- 13) 09.10.01.07 • 40:9 Md. R. 796 (5

- 3

- 13) 09.10.03.01,.01

- 1,.04,.08 • 40:13 Md. R. 1081 (6

- 28

- 13) 09.11.01.05,.14 • 40:11 Md. R. 986 (5

- 31

- 13) 09.12.31 • 40:10 Md. R. 929 (5

- 17

- 13)

40:13 Md. R. 1082 (6

- 28

- 13) 09.17.01.01

— .03 • 40:7 Md. R. 618 (4

- 5

- 13) 09.20.03.02 • 40:11 Md. R. 987 (5

- 31

- 13) 09.20.04.01,.02 • 40:8 Md. R. 730 (4

- 19

- 13) 09.20.04.02 • 40:9 Md. R. 819 (5

- 3

- 13) (err) 09.21.05.01

— .12 • 40:9 Md. R. 796 (5

- 3

- 13) 09.34.05.01,.02 • 39:20 Md. R. 1315 (10

- 5

- 12) 09.34.06.01

— .13 • 39:20 Md. R. 1315 (10

- 5

- 12) 09.34.07.01

— .06 • 39:20 Md. R. 1315 (10

- 5

- 12) 09.34.08.01

— .12 • 39:20 Md. R. 1315 (10

- 5

- 12) 09.34.09.01,.02 • 39:20 Md. R. 1315 (10

- 5

- 12) 09.36.08.01

— .05 • 40:8 Md. R. 732 (4

- 19

- 13)

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitles 01

— 08 (1st Volume)

10.05.05.03 • 39:15 Md. R. 976 (7

- 27

- 12) 10.07.04.02 • 40:11 Md. R. 988 (5

- 31

- 13) 1 0.07.05.04 • 39:15 Md. R. 977 (7

- 27

- 12) 10.07.13.02,.04 • 40:11 Md. R. 988 (5

- 31

- 13) 10.07.14.07 • 39:15 Md. R. 978 (7

- 27

- 12) 10.07.15.01,.03 • 40:11 Md. R. 988 (5

- 31

- 13) 10.07.20.01

— .03 • 40:11 Md. R. 988 (5

- 31

- 13)PENDING PROPOSALS 1065

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRID AY, JUNE 28, 2013 Subtitle 09 (2nd volume)

10.09.01.01

— .05 • 40:12 Md. R. 1048 (6

- 14

- 13) 10.09.04.01,.03,.07 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.06.01,.10 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.08.06 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.10.01,.16 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.21.01

— .05 • 40:12 Md. R. 1048 ( 6

- 14

- 13) 10.09.24.02,.05

- 3,.08,.10 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.26.01,.11 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.35.01,.04,.05,.07 • 40:6 Md. R. 480 (3

- 22

- 13) 10.09.44.01 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.46.03 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.52. 03 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.55.02 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.56.05 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.58.04 • 40:12 Md. R. 1048 (6

- 14

- 13) 10.09.60.02,.09 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.62.01 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.63. 01,.06 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.69.13 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.70.06 • 40:13 Md. R. 1084 (6

- 28

- 13) 10.09.79.03 • 40:13 Md. R. 1084 (6

- 28

- 13)

Subtitles 10

— 22 (3rd Volume)

10.10.04.02 • 39:15 Md. R. 979 (7

- 27

- 12) 10.12.04.02 • 40:1 1 Md. R. 988 (5

- 31

- 13) 10.15.07.02,.06 • 40:13 Md. R. 1088 (6

- 28

- 13) 10.22.02.01 • 40:2 Md. R. 99 (1

- 25

- 13) (ibr) 10.22.02.13 • 40:11 Md. R. 989 (5

- 31

- 13)

Subtitles 23

— 36 (4th Volume)

10.24.01.01 • 39:25 Md. R. 1622 (12

- 14

- 12) 10.25.02.02 • 40:6 Md. R . 483 (3

- 22

- 13) 10.25.03.02 • 40:6 Md. R. 484 (3

- 22

- 13) 10.26.01.03 • 40:10 Md. R. 929 (5

- 17

- 13) 10.26.02.05 • 40:10 Md. R. 929 (5

- 17

- 13) 10.29.01.01,.10

— .13 • 39:20 Md. R. 1326 (10

- 5

- 12) 10.29.03.04 • 40:10 Md. R. 931 (5

- 17

- 13) 10.29.16.01,.02 • 39:20 Md. R. 1326 (10

- 5

- 12) 10.29.17.01

— .10 • 39:20 Md. R. 1326 (10

- 5

- 12) 10.29.18.01

— .06 • 39:20 Md. R. 1326 (10

- 5

- 12) 10.29.19.01

— .12 • 39:20 Md. R. 1326 (10

- 5

- 12) 10.29.20.01,.02 • 39:20 Md. R. 1326 (10

- 5

- 12) 10.29.21.01

— .11 • 40:11 Md. R. 990 (5

- 31

- 13) 10.29.22 .01 • 40:10 Md. R. 931 (5

- 17

- 13) 10.32.03.17,.18 • 39:15 Md. R. 981 (7

- 27

- 12)

40:9 Md. R. 798 (5

- 3

- 13) 10.32.06.12,.13 • 39:15 Md. R. 986 (7

- 27

- 12)

40:9 Md. R. 800 (5

- 3

- 13) 10.32.08.01

— .12 • 39:16 Md. R. 1091 (8

- 10

- 12)

40:9 Md. R. 8 01 (5

- 3

- 13) 10.32.10.04,.05,.05

- 1,.05

- 2,.06 • 40:2 Md. R. 106 (1

- 25

- 13) 10.32.10.16,.19 • 39:15 Md. R. 990 (7

- 27

- 12)

40:9 Md. R. 802 (5

- 3

- 13) 10.32.11.15,.16 • 39:15 Md. R. 994 (7

- 27

- 12)

40:9 Md. R. 803 (5

- 3

- 13) 10.34.03.02,.03,.06,.12,.17 • 40:13 Md. R. 1089 (6

- 28

- 13) 10.34.22.02,.03,.03

- 1,.05,.09

— .11 • 40:8 Md. R. 742 (4

- 19

- 13) 10.34.23.03,.09 • 40:11 Md. R. 993 (5

- 31

- 13) Subtitles 37

— 60 (5th Volume)

10.41.08.11 • 39:18 Md. R. 1209 (9

- 7

- 12) 10.53.02.04 • 40:11 Md. R. 994 (5

- 31

- 13) 10.53. 04.02

— .04 • 40:11 Md. R. 994 (5

- 31

- 13) 10.53.12.01 • 40:11 Md. R. 994 (5

- 31

- 13) 10.54.01.19 • 40:6 Md. R. 485 (3

- 22

- 13) 10.58.07.01

— .20 • 40:8 Md. R. 745 (4

- 19

- 13)

11 DEPARTMENT OF TRANSPORTATION

Subtitles 11

— 22 (MVA)

11.11.05.02 • 39:22 Md. R. 1454 (1 1

- 2

- 12) 11.11.05.03 • 40:12 Md. R. 1050 (6

- 14

- 13)

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

12.04.01.09,.14 • 40:7 Md. R. 619 (4

- 5

- 13) 12.04.02.03 • 40:7 Md. R. 620 (4

- 5

- 13) 12.10.05.06 • 40:7 Md. R. 620 (4

- 5

- 13)

13A STATE BOARD OF EDUCAT ION

13A.06.03.02

— .07,.09,.11 • 40:11 Md. R. 995 (5

- 31

- 13) 13A.07.06.01 • 40:9 Md. R. 805 (5

- 3

- 13) 13A.12.01.02,.06,.11 • 39:22 Md. R. 1458 (11

- 2

- 12) 13A.13.01.01

— .14 • 40:2 Md. R. 132 (1

- 25

- 13) 13A.13.02.01

— .08 • 40:1 Md. R. 42 (1

- 11

- 13)

14 INDEPENDENT A GENCIES

14.07.02.01

— .04,.06

— .08 • 40:12 Md. R. 1051 (6

- 14

- 13) 14.26.04.01

— .07,.09,.11,.12 • 40:13 Md. R. 1091 (6

- 28

- 13) 14.30.07.04 • 39:6 Md. R. 448 (3

- 23

- 12) 14.30.11.12 • 39:6 Md. R. 448 (3

- 23

- 12)

15 DEPARTMENT OF AGRICULTURE

15.20.06.01,.02,.04,.05, .07 • 40:2 Md. R. 157 (1

- 25

- 13) 15.20.07.02 • 40:2 Md. R. 162 (1

- 25

- 13) (ibr) 15.20.08.05 • 40:2 Md. R. 162 (1

- 25

- 13) 15.20.10.01

— .03,.05,.07

— .17 • 40:2 Md. R. 157 (1

- 25

- 13)

21 STATE PROCUREMENT REGULATIONS

21.11.03.01,.09 • 40:12 Md. R. 1052 (6

- 14

- 13)

23 BOARD OF PUBLIC WORKS

23.03.06.01

— .04 • 40:11 Md. R. 1000 (5

- 31

- 13) (ibr)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 08

— 12 (Part 2)

26.11.02.17,.19 • 39:24 Md. R. 1584 (11

- 30

- 12) 26.11.09.08 • 39:16 Md. R. 1122 (8

- 10

- 12) 26.11.14.06

— .08 • 39:16 Md. R. 1120 (8

- 10

- 12) 26.11.29 • 39:17 Md. R. 1177 (8

- 24

- 12) (err) 26.11.29.01

— .05 • 39:16 Md. R. 1124 (8

- 10

- 12) 26.11.30.01

— .08 • 39:16 Md. R. 1122 (8

- 10

- 12) 26.12.01.01 • 40:10 Md. R. 932 (5

- 17

- 13) (ibr)PENDING PROPOSALS

1066

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND A TLANTIC COASTAL BAYS

27.01.01.01 • 40:6 Md. R. 489 (3

- 22

- 13) 27.01.04.03 • 40:6 Md. R. 489 (3

- 22

- 13) 27.01.09.01 • 40:13 Md. R. 1094 (6

- 28

- 13) 27.03.01.01,.04 • 40:6 Md. R. 489 (3

- 22

- 13)

31 MARYLAND INSURANCE ADMINISTRATION

31.08.05.02,.03 • 39:20 Md. R . 1345 (10

- 5

- 12) 40:9 Md. R. 810 (5

- 3

- 13) 31.08.12.02

— .06 • 39:20 Md. R. 1346 (10

- 5

- 12) 31.08.13.01

— .06 • 39:26 Md. R. 1674 (12

- 28

- 12) 31.12.02.11 • 40:12 Md. R. 1053 (6

- 14

- 13)

33 STATE BOARD OF ELECTIONS

33.04.01.02 • 40:13 Md. R. 1095 (6

- 28

- 13) 33.05 .01.02 • 40:13 Md. R. 1096 (6

- 28

- 13) 33.05.02.02

— .06 • 40:13 Md. R. 1096 (6

- 28

- 13) 33.05.03.01,.03 • 40:13 Md. R. 1096 (6

- 28

- 13) 33.05.04.03 • 40:13 Md. R. 1096 (6

- 28

- 13) 33.05.06.03 • 40:11 Md. R. 1001 (5

- 31

- 13) 33.08.01.01 • 40:11 Md. R. 1002 (5

- 31

- 13) 3 3.08.05.01

— .07 • 40:11 Md. R. 1002 (5

- 31

- 13) 33.09.01.01

— .05,.07 • 40:11 Md. R. 1002 (5

- 31

- 13) 33.09.02.04 • 40:11 Md. R. 1002 (5

- 31

- 13) 33.09.03.01,.02,.04

— .06,.08 • 40:11 Md. R. 1002 (5

- 31

- 13) 33.09.04.01,.03,.05

— .07 • 40:11 Md. R. 1002 (5

- 31

- 13) 33.09.0 5.02

— .06 • 40:11 Md. R. 1002 (5

- 31

- 13) 33.09.06.01

— .04 • 40:11 Md. R. 1002 (5

- 31

- 13) 33.09.07.02,.06,.08 • 40:11 Md. R. 1002 (5

- 31

- 13) 33.10.02.14 • 40:11 Md. R. 1006 (5

- 31

- 13) 33.11.01.01 • 40:11 Md. R. 1006 (5

- 31

- 13)

40:13 Md. R. 1098 (6

- 28

- 13 ) 33.11.02.01

— .04 • 40:13 Md. R. 1098 (6

- 28

- 13) 33.11.02.03,.06 • 40:11 Md. R. 1006 (5

- 31

- 13) 33.11.03.04 • 40:13 Md. R. 1098 (6

- 28

- 13) 33.11.03.08 • 40:11 Md. R. 1006 (5

- 31

- 13) 33.11.04.03 • 40:11 Md. R. 1006 (5

- 31

- 13) 33.13.01.01 • 40:11 Md. R. 1007 (5

- 3 1

- 13) 33.13.07.01,.02,.05,.06 • 40:11 Md. R. 1007 (5

- 31

- 13) 33.13.10.02 • 40:12 Md. R. 1055 (6

- 14

- 13) (err) 33.13.10.02,.03 • 40:11 Md. R. 1007 (5

- 31

- 13) 33.15.02.05 • 40:11 Md. R. 1009 (5

- 31

- 13) 33.16.05.02 • 40:11 Md. R. 1010 (5

- 31

- 13) 33.17.03.01 • 40:1 3 Md. R. 1099 (6

- 28

- 13)

36 MARYLAND STATE LOTTERY AND GAMING

CONTROL AGENCY

36.03.01.01

— .04 • 40:6 Md. R. 490 (3

- 22

- 13) 36.03.02.01

— .18 • 40:6 Md. R. 490 (3

- 22

- 13) 36.03.03.01

— .09 • 40:6 Md. R. 490 (3

- 22

- 13) 36.03.04.01

— .10 • 40:10 Md. R. 933 (5

- 17

- 13) 3 6.03.05.01

— .03 • 40:6 Md. R. 490 (3

- 22

- 13) 36.03.06.01

— .03 • 40:6 Md. R. 490 (3

- 22

- 13) 36.03.07.01

— .08 • 40:6 Md. R. 490 (3

- 22

- 13) 36.03.08.01

— .04 • 40:6 Md. R. 490 (3

- 22

- 13) 36.03.09.01,.02 • 40:6 Md. R. 490 (3

- 22

- 13) 36.03.10.01

— .49 • 40:6 Md. R. 490 (3

- 22

- 13) 36.03.11.01

— .08 • 40:6 Md. R. 490 (3

- 22

- 13) 36.03.12.01

— .06 • 40:6 Md. R. 490 (3

- 22

- 13) 36.05.15.01

— .10 • 40:9 Md. R. 811 (5

- 3

- 13) 36.05.16.01

— .13 • 40:10 Md. R. 936 (5

- 17

- 13) 36.05.17.01

— .13 • 40:10 Md. R. 936 (5

- 17

- 13) 36.06.01.01

— .03 • 40:4 Md. R . 381 (2

- 22

- 13) 36.06.02.01,.02 • 40:4 Md. R. 381 (2

- 22

- 13) 36.06.03.01

— .16 • 40:4 Md. R. 381 (2

- 22

- 13) 36.06.04.01

— .05 • 40:4 Md. R. 381 (2

- 22

- 13) 36.06.05.01

— .10 • 40:4 Md. R. 381 (2

- 22

- 13) 36.07.01.01

— .03 • 40:5 Md. R. 431 (3

- 8

- 13) 36.07.02.01

— .18 • 40: 5 Md. R. 431 (3

- 8

- 13) 36.07.03.01

— .03 • 40:5 Md. R. 431 (3

- 8

- 13) 36.07.04.01

— .19 • 40:5 Md. R. 431 (3

- 8

- 13) 36.07.05.01 • 40:5 Md. R. 431 (3

- 8

- 13)1067

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

# The Attorney General

OPINIONS

EDUCAT ION

BOARD OF EDUCATION OF ANNE ARUNDEL COUNTY

– SCHOOL BOARD NOMINATING COMMISSION

– ALL BOARD MEMBERS APPOINTED BY THE GOVERNOR MUST BE NOMINATED, SELECTED, AND STAND FOR RETENTION REGARDLESS OF WHETHER THEY ARE SEEKING A FIRST OR SECOND TERM

May 22, 20 13

Andrew C. Pruski President Board of Education Anne Arundel County

On behalf of the Board of Education of Anne Arundel County ( “ Board ” ), you have requested our opinion regarding § 3

- 110 of the Education Article and its application to incumbent Board

me mbers who wish to serve a second consecutive term. Under § 3

- 110, the School Board Nominating Commission of Anne Arundel County ( “ Nominating Commission ” ) nominates candidates for any vacancy among the seats that are to be appointed by the Governor. Md. C ode Ann., Educ. ( “ ED ” ) § 3

- 110(a)(2), (b)(5). 1 The Governor then appoints one of the candidates, and the appointed member runs to retain the seat in the next general election. ED § 3

- 110(c)(1). You ask whether this same process applies to incumbents who seek a second term on the Board. You also ask us to explain the Governor ‟ s role in the reappointment process.

In our opinion, an incumbent Board member who seeks a second term must be nominated for that term by the Commission and appointed for that te rm by the Governor. After that, the member must stand for retention at the next general election. The Governor has the sole authority to appoint and reappoint the Board ‟ s eight non

student members. 2

I Background
The process of becoming and being retai ned as a member of the Board consists of three steps, each of which is set forth in a different part of § 3

- 110 of the Education Article. The first step is the nominating process, which is set forth in subsection (b). The Nominating Commission “ select[s] nominees to be recommended to the Governor as qualified candidates for appointment to the [Board]. ” ED § 3

- 110(b)(1)(ii). The Nominating Commission holds at least two public hearings and submits to the Governor at least two names for each vacant seat, u nless there are fewer applicants for a vacancy, in which case a single nominee will suffice. ED § 3

- 110(b)(1)(iii) and (5). The Governor then appoints one of the Commission ‟ s nominees to the seat. ED § 3

- 110(a)(2). Appointment is the second step in the process and is set forth in subsection (a) of § 3

- 110. The third step in holding board membership

— standing for retention before the electorate

— is set forth in subsection (c). After appointment, the board member begins to serve immediately, but must stand for “ approval or rejection of the registered voters of the

1 Unless otherwise noted, all st atutory references refer to the current version of the Education Article, which is reflected in the 2008 Replacement Volume of the Annotated Code of Maryland and the 2012 Supplement.

2 The ninth member of the Board is a student member, who is appointed through a separate process. See ED § 3

- 110(a)(2), (d). We do not address the process by which the Board‟s student member is appointed. county at the next general election. ” ED § 3

- 110(c)(1). The board member is placed on the ballot, without opposition. ED § 3

- 110(c)(3)(ii). If the voters reject the board member or the vote i s tied, the position becomes vacant by operation of law “ 10 days after certification of the election returns. ” ED § 3

- 110(c)(4). If the voters retain the board member, he or she may complete the remainder of the five

- year term. ED § 3

- 110(c)(1); see als o ED § 3

- 108(c) (establishing five

- year term).
You explain that two incumbent board members plan to seek second consecutive terms and that questions have arisen as to whether they must go through the statutory nomination and election process. The provisi on that governs reappointments is § 3

- 110(c)(2):

“ A member of the county board is eligible for nomination and reappointment for a second consecutive term in accordance with the provisions of subsections (a) and (b) of this section. ” As outlined above, su bsections (a) and (b) establish the nominating and appointment process, but not the election process.
At least one member of the Nominating Commission has apparently expressed the view that a board member who seeks a second consecutive term is not subject to the Commission ‟ s nomination process. That view is contrary to the advice that the Board received from its counsel. 3 The Board ‟ s counsel noted that § 3

- 110(c)(2) explicitly makes the nomination and appointment process set forth in § 3

- 110(a) and (b) a pplicable to a reappointment. The Board ‟ s counsel also concluded that § 3

- 110(c)(2) does not make the election requirement similarly applicable to reappointed members. Board counsel thereby concluded that if the member is retained and then seeks a second term, the member must repeat the nomination and appointment process pursuant to § 3

- 110(c)(2).

II Analysis
The interpretation of every statute begins with ascertaining legislative intent. See
, e.g. , Wal

- Mart Stores
, Inc. v. Holmes

, 416 Md. 346, 359 ( 2010). The starting point, and often the ending point, of this inquiry is the plain language of the statute. Id. But the plain language of a statute is not to be read in a vacuum. Instead, “ the plain language must be viewed within the context of the st atutory scheme to which it belongs, considering the purpose, aim, or policy of the Legislature in enacting the statute. ” Employees Retirement System of the City of Baltimore v. Dorsey

, 430 Md. 100, 113 (2013) (citations and quotation marks omitted).

Th e statutory provision we interpret here is ED § 3

- 110(c)(2), which provides that a member “ is eligible for nomination and reappointment for a second consecutive term in accordance with the provisions of subsections (a) and (b) of this section. ” Because

su bsections (a) and (b) lay out the nomination and appointment process, the plain language of (c)(2) requires that a board member who seeks a second term must be re

- nominated by the Nominating Commission and re

- appointed by the Governor. That much is clear. Whether a re

- appointed member must stand for retention “ at the next general election ” is less clear. As Board counsel noted, the statute does not appear to resolve the issue; § 3

- 110(c)(2) refers back to subsections (a) and (b), which address nomination and appointment, but not election. In our view, however, the answer can be found by comparing the current version of § 3

- 110(c)(1) and (2) to prior versions of that law.

3 At our request, and in compliance with our policy, you provided the opinion of Board counsel on the issues that are the subject of this opinion.THE ATTORNEY GENERAL

1068

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 A. The 2007 Legislation

Until 2007, the statute governing membership on the Board

ca lled for a board appointed solely by the Governor. See former ED § 3

- 108(a) (2006 Repl. Vol.). The General Assembly changed that procedure in 2007. While the Governor retained the right to appoint the members, the amended statute established the Nominat ing Commission and the process by which the Governor selects from the Commission ‟ s nominees. See 2007 Md. Laws, ch. 454, codified at ED § 3

- 110(b).

The 2007 law also added the requirement that appointed board members stand for a retention election, but it did so through the enactment of separate provisions for first

- term and second

- term board members. Subsection (c)(1) applied to “ the initial appointment of a member ” and required the member to stand for retention to complete his or her “ first term. ” 2 007 Md. Laws, ch. 454, codified at ED § 3

- 110(c)(1). Subsection (c)(2), by contrast, applied specifically to second terms: “ A member . . . may serve for a second consecutive term subject to the approval of or rejection by the registered voters of the cou nty at the next general election. ” Id ., codified at ED § 3

- 110(c)(2). Subsection (c)(2) did not, however, refer back to subsections (a) and (b), with the result that a member seeking a second term was not required to go through the nomination and appoint ment process. So, the process enacted in 2007 required three steps for a new member ‟ s first term ( i.e. , nomination, appointment, retention election) but only one step

— the retention election

— for a second term. 4

B. The 2011 Amendments
The General Assembly changed the procedure again in 2011 and gave the statute its current form. See 2011 Md. Laws, chs. 177, 178. As we see it, the amendments enacted in 2011 effected two principal changes. First, the amendment added the re

- nomination and reappointment proc ess for the second term that is currently set forth in § 3

- 110(c)(2). The amendment also altered the provisions relating to the election requirement. As amended, the statute no longer describes the retention election as a condition of the member ‟ s

4 The 2007 legislation included uncodified language providing a separate appointment process for “a member serving a first term on the Anne Arundel County Board of Education on or before June 30, 2008.” Such a member:

(a) (1) shall be eligible to be

included in the list of nominees submitted by the School Board Nominating Commission of Anne Arundel County to the Governor to serve a second term when the first term ends; and
(2) may be reappointed by the Governor to the Ann e Arundel County Board of Education subject to the approval or rejection of the registered voters of the county at the next general election; and
(b) as provided in § 3

- 108(c)(3) of the Education Article, is not eligible to serve another consecutive term following the second term by a reappointment.
2007 Md. Laws, ch. 454, § 2. Our Office has previously interpreted this uncodified provision to mean that board members serving as of June 30, 2008, need not be re

- nominated by the Commission to serve a secon d term but are instead automatically placed on the list of nominees submitted to the Governor for appointment. If appointed, the member must still stand for retention. See Letter of Assistant Attorney General Sandra Benson Brantley to Joshua C. Greene, C hair, Anne Arundel County School Board Nominating Commission (April 8, 2010) (“2010 Advice Letter”). comple tion of his or her “ first term, ” no longer refers to any election temporally as the general election “ following the initial appointment of a member, ” and no longer contains a separate provision applicable only to a second term. Instead, the statute contai ns one election provision that is not specific to either the first or the second term. In relevant part, the statute now provides:

Following the appointment of a member of the [Board] by the Governor, a member may serve for the remainder of the member ‟ s term . . . subject to the approval or rejection of the registered voters of the county at the next general election.
ED § 3

- 110(c)(1). It is this 2011 amendment that we construe here. When construing the “ plain language ” of a statute, we are to give eff

ect “ to every word, clause, and sentence. ” Fisher v. Bethesda

, 221 Md. 271, 277 (1960). By way of a corollary to that rule, just as every word is presumed to have been used for a purpose,

“ every word excluded from a statute must be presumed to have been excluded for a purpose. ” See 2A N. Singer & J. Singer, Sutherland Statutes and Statutory Construction § 46.6 (7th ed. 2007); see also

, e.g. , Briggs v. State , 413 Md. 265, 277 (2010) (giving weight to the Legislature ‟ s use of a particular word “ without any qualification ” ).

Read in isolation, the General Assembly ‟ s removal of the separate election provision for second

- term members would seem to be strong evidence that the General Assembly intended to eliminate the requirement that second

- term members stan d for retention. But other aspects of the 2011 amendments lead us to the conclusion that removal of the second

- term election provision was part of a larger effort to make the election requirement applicable to all board members in the same manner. In thi s respect we find it significant that the General Assembly deleted the words “ initial ” and “ first ” from the election provision that had been applicable only to first

- term members. Rather than have separate election provisions for first

- and second

- term me mbers, t he statute now has a single provision

— subsection (c)(1)

— that applies to the election of all board members, whether they are seeking their first term or their second.
To the extent that the current statutory language remains ambiguous on this point , the legislative history, including the fiscal and policy note prepared by the Department of Legislative Services for the General Assembly, confirms the interpretation we reach. See
, e.g ., Washington Suburban Sanitary Comm ’ n v. Phillips , 413 Md. 606, 629

- 30 (2010) (inferring legislative intent from the statutory language and the fiscal note). The sponsor of Senate Bill 78, Senator Simonaire, submitted written testimony stating that “ [t]he bill was drafted to address the problems documented on April 8, 20 10 in the Attorney General ‟ s letter in regards to the reappointment process for a 2nd term. ” See S.B. 78, 2011 Leg., Reg. Sess., Hearing Before the Senate Educ., Health and Envt ‟ l Affairs Comm. (Feb. 9, 2011) (written testimony of Sen. Bryan W. Simonaire) ( “ Simonaire Testimony ” ). Senator Simonaire testified that the bill was to provide:

Corrective language to ensure the original intent of the 2007 modification to the Anne Arundel County School Board selection process, specifically:

a. Current law only
requ ires a retention vote of the people to be reappointedTHE ATTORNEY GENERAL 1069

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 to a 2nd term without the Governor ‟ s action (see AG letter).

b. Ensure that a school board member seeking a 2nd term is first re

- appointed by the Governor and then elected through the existing retention e lection process of the people.

Id. The April 8, 2010 advice letter

— described in note 4 above

— had concluded, among other things, that a board member who had been nominated and appointed under the process established in 2007 “ may serve a second consecutive term subject only to voter approval. ” 2010 Advice Letter at 4. The purpose of the bill, then, was to “ [a]dd language to require the Governor to reappoint the school board member when a 2nd term is sought by an incumbent member. ” Simonaire Testimony at 1.

A co

- sponsor of House Bill 220

— the House version of Senate Bill 78

— provided similar written testimony about the legislation ‟ s

“ corrective ” purpose. Delegate McConkey testified that the 2007 legislation was “ ambiguous on the process of reappointment ” :

The 2007 change set up a process of vetting prospective members to the school board and making nominations to the Governor for appointment. Unfortunately, under the current interpretation reappointment is automatic . HB 200 would require members seeki ng reappointment to go back through the process.

See H.B. 220, 2011 Leg., Reg. Sess., Hearing Before the House Ways and Means Comm., (Feb. 17, 2011) (written testimony of Del. Tony McConkey) (emphasis in original). Delegate McConkey explained the policy rationale behind the proposed amendments:

The nominating commission is made up of representatives of stakeholders in the public school system. The nominating process is the only means the community has to hold school board candidates accountable; there fore, it is important that after four years, candidates for reappointment go back through the process, to share their experiences and their vision for their second term. Id

. The Floor Reports and Fiscal and Policy Notes all confirm that the purpose of the 2011 legislation was to provide for a single nominating, appointment, and election process that would be applicable to members seeking first or second terms:

This bill specifies that a member of the Anne Arundel County Board of Education must be appointed by the Governor from a list of nominees submitted by the School Board Nominating Commission, subject to election by the registered voters of the county at the general election following the member ‟ s nomination and appointment, regardless of whether that m ember is serving a first or second term.
Fiscal and Policy Note (Revised) for Senate Bill 78 (2011) at 1; see also Senate Educ., Health and Envt ‟ l Affairs Comm., Floor Report, Senate Bill 78 at 1 (2011) (same); House Ways and Means Comm., Floor Report, Ho use Bill 220 at 1 (2011) (same).

In sum, the legislative history makes clear that the General Assembly enacted the 2011 legislation to make the nomination and appointment steps applicable to second terms, and not to change the requirement that both five

- y ear terms be subject to the approval of the voters of the County. The provisions for the nomination and appointment process, § 3

- 110(a), (b), and for the election and re

- election process, § 3

- 110(c)(1), now apply to all Board members

— whether they are seek

ing a first or second term

— and require that they be nominated (or re

nominated) by the Nominating Commission, appointed (or re

- appointed) by the Governor, and retained at the next general election. 5

III Conclusion
In our opinion, an incumbent Board memb er who seeks a second term must be nominated for that term by the Commission and appointed for that term by the Governor. After that, the member must stand for retention at the next general election. The Governor has the sole authority to appoint and rea ppoint eight of the Board ‟ s eight non

- student members.
Douglas F. Gansler Attorney General

Elizabeth M. Kameen Assistant Attorney General

Adam D. Snyder Chief Counsel

, Opinions & Advice

5 The 2011 legislation did not carry forward the uncodified language in the 2007 legislation, which we had interpreted, in the 2010 Advice Letter, to mean that Board members serving as of June 30, 2008, need not be re

nominated by the Commission to serve a second term. Given that Board members serve five

- year terms, see ED § 3

- 108(c)(1), any Board member who was sitting as of June 30, 2008

— and, thus, would have been entitled to automatic nomination under the 2007 uncodified language

—has already gone through the appointment process for a second term. Going forward, then, all Board members must be nominated, be appointed, and stand for retention in the manne r set forth in the codified statute.1070

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013



# Open Meetings Compliance Board

SUMMARY OF OPINIONS ISSUED FROM MARCH 29

– JUNE 3, 2013*

8 Official Opinions of the Compliance Board 161 (2013) Carroll County Commissioners S. Wayne Carter, Jr., Complainant March 29, 2013 Topic discussed: Legality of closing a meeting to receive legal advice from outside counsel

8 Official Opinions of the Compliance Board 166 (2013) University System of Maryland Board of Regents Craig O ’ Donne ll, Complainant April 8, 2013 Topics discussed: Procedures to be followed before closing a meeting; scope of the exceptions that permit a public body to close a meeting to discuss personnel matters and confidential personal information

8 Official Opinion s of the Compliance Board 170 (2013 ) Baltimore County Council Ralph Jaffe, Complainant May 13, 2013 Topics discussed : Dismissal of complaints that do not allege any violation of the Open Meetings Act; lack of requirement in Act that public bodies hold meet ings to receive public comment

8 Official Opinions of the Compliance Board 173 (2013) Maryland State Water Quality Advisory Committee Michele J. Fluss, Complainant May 15, 2013 Topics discussed : Timely adoption of minutes; provision of draft minutes

8 Official Opinions of the Compliance Board 176 (2013) Maryland State Board of Elections Craig O ’ Donnell, Complainant May 15, 2013 Topics discussed: Timely adoption of minutes; closed

- session minutes

8 Official Opinions of the Compliance Board 180 (2013 ) University System of Maryland Board of Regents Craig O ’ Donnell, Complainant May 15, 2013 Topics discussed: Timely adoption of minutes; provision of draft minutes; adoption of minutes in open session

8 Official Opinions of the Compliance Board 182 (201 3) Town of Centreville Town Council Sveinn R. Storm, Complainant May 20, 2013 Topics discussed: Steps to be followed before closing a meeting; level of detail required in written statement of the basis for closing and in the summary of the closed session; notice requirement; provision to public of opportunity to observe vote to close 8 Official Opinions of the Compliance Board 188 (2013) Baltimore City Automated Traffic Violation Enforcement System Task Force Louis Wilen, Eugene Simmers, Thomas Barrett, C omplainants May 20, 2013 Topics discussed: Notice requirement; retention of copy of written notice; level of detail required in minutes; requirement that meeting be held in location open to the public; steps that help newly

- formed public bodies comply with the Open Meetings Act

8 Official Opinions of the Compliance Board 193 (2013) Board of Trustees of Frederick Community College Courtney Mabeus, Complainant June 3, 2013 Topics discussed: Applicability of administrative exclusion to discussion involvin g the administration of existing personnel policies; notice and closed

- session requirements when Act applies

*The full text of these opinions can be found at http://www.oag.state.md.us/Opengov/Openmeetings/index.htm [13

- 13

- 27]1071

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013



# The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS
This is to certify that the name RANDY ALAN WEISS

, 8830 Sleepy Hollow Lan e , Potomac, Maryland 20854

, has been replaced upon the register of attorneys in the Court of Appeals as of June 5, 2013. Notice of this action is certified in accordance with Maryland Rule 16

- 781(l).

* * * * * * * * * * This is to certif

y that the name THOMAS PAUL LINIAK

, 14 Golden Ash Way

, Gaithersburg, Maryland 20878

, has been replaced upon the register of attorneys in the Court of Appeals as of June 5, 2013. Notice of this action is certified in accordance with Maryland Rule 16

- 781(l). [13

- 13

- 41]1072

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013



# Emergency Action on Regulations

Symbol Key

• Roman type indicates text existing before emergency status was granted.

• Italic type indicates new text.

• [ Single brackets ] indicate del eted text.

Emergency Regulations Under State Government Article, §10

- 111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative, Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the reg ulations become effective immediately, or at a later time specified by the Co mmittee. After the Committee has granted emergency status, the regulations are published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or mor e conditions, including a time limit. During the tim e the emergency status is in effect, the agency may adopt the regulations through the usual promulgation process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergenc y regulations ends. When e mergency status expires, the text of the regulations reverts to its original language.



# Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 15 FOOD
10.15.07 Shellfish Sanitation

Authority: Health

- General Article, §§18

- 102, 21

- 211, 21

- 234, 21

- 304, 21

-

321, and 21

- 350, Annotated Code of Maryland Notice of Emergency Action

[13

- 176

- E] The Joint Committee on Administrat ive, Executive, and Legislative Review has granted emergency status to amend Regulations .02 and .06 under COMAR 10.15.07 Shellfish Sanitation

. Emergency status began: June 1, 2013. Emergency status expires: November 15, 2013.

Editor ‟ s Note: The text of this document will not be printed here because it appears as a Notice of Proposed Action on pages 1090

— 1091 of this issue, referenced as [ 13

- 176

- P].

JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene1073

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

# Final Action on Regulations

Symbol Key

• Roman type indicates text already existing at the time of the proposed action.

• Italic type indicates new text added at the time of proposed action.

• Single underline, italic indicates new text added at the time of final action.

• Single underline, roman indicates existing text added at the time of final action.

• [[Double brackets]] indicate text deleted at the time of final action.


# Titl e 03 COMPTROLLER OF THE TREASURY

Subtitle 04 INCOME TAX

Notice of Final Action [13

- 104

- F] On June 17, 2013, the Comptroller of the Treasury adopted amendments to: (1) Regulation .01 under COMAR 03.04.01 General Regulati ons ; (2) Regulation .03 under COMAR 03.04.02 Individual ; (3) Regulation .06 under COMAR 03.04.03 Corporations ; (4) Regulation .01

— .03 and .05 under C OMAR 03.04.09 Credit for Employer

- Provided Long

- Term Care Insurance ; and (5) Regulation .08 under COMAR 03.04.12 Nonresident Real Estate Withholding Tax

. This action, which was proposed for adoption in 40:8 Md. R. 726

— 727 (April 19, 2013), has been adopted as proposed. Effective Date: July 8, 2013.

PETER FRANCHOT Comptroller of the Treasury


# Title 08 DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE 08.02.23 Shellfish Aquaculture and Leasing

Authority: Natural Resources Article, §§4

- 11A

- 02, 4

- 11A

- 09, 4

- 11A

- 12, and

4

- 11A

- 19, Annotated Code of Maryland

Notice of Final Action [13

- 130

- F] On June 18, 2013, the Secretary of Natural Resources adopted amendments to Regulations .02

— .04 under COMAR 08.02.23 Shellfish Aq uaculture and Leasing . This action, which was proposed for adoption in 40:9 Md. R. 794

— 796 (May 3, 2013), has been adopted as proposed. Effective Date: July 8, 2013.

JOSEPH P. GILL Secretary of Natural Resources 

# Title 09

DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 12 DIVISION OF LABOR AND

INDUSTRY

09.12.8 1 Elevator, Escalator, and Chairlift Safety

Authority: Public Safety Article, §§12

- 805, 12

- 806, 12

- 809, and 12

- 812,

Annotated Code of Maryland

Notice of Final Action [13

- 115

- F

- I] On June 12, 2013, the Commissioner of Labor and Industry adopted amendments to Regulation .01 under COMAR 09.12.81 Elevator, Escalator, and Chairlift Safety . This action, which was proposed for adoption in 40:8 Md. R. 730 (April 19, 2013), has been adopted as proposed. Effective Date: July 8, 2013.

J. RONALD DEJULIIS Commission er of Labor and Industry



# Subtitle 14 STATE ATHLETIC COMMISSION 09.14.04 Safety and Health Standards for Contestants

Authority: Business Regula tion Article, §§4

- 205, 4

- 304, 4

- 304.1, 4

- 310, 4

-

314, and 4

- 315, Annotated Code of Maryland

Notice of Final Action [13

- 054

- F] On June 18, 2013, the State Athletic Commission adopted amendments to Regulation .12 under COMAR 09.14.04 Safety and Health Stand ards for Contestants . This action, which was proposed for adoption in 40:3 Md. R. 237

— 238 (February 8, 2013), has been adopted as proposed. Effective Date: July 8, 2013.

PATRICK PANNELLA Executive Director State Athletic CommissionFINAL ACTION ON REGULATIONS

1074

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

# Subtitle 14 STATE ATH LETIC COMMISSION 09.14.05 Boxing and Kickboxing Facilities and Equipment

Authority: Business Regulation Article, §4

- 205(c)(2), Annotated Code of Maryland

Notice of Final Action [13

- 051

- F] On June 18, 2013, the State Athletic Commission adopted amendments to Regulation .01 under COMAR 09.14.05 Boxing and Kickboxing Facilities and Equipment . This action, which was proposed for adoption in 40:3 Md. R. 238

— 239 (February 8, 2013), has been ado pted as proposed. Effective Date: July 8, 2013.

PATRICK PANNELLA Executive Director State Athletic Commission



# Subtitle 14 STATE ATHLETIC COMMISSION 09.14.05 Boxing and Kickboxing Faciliti es and Equipment

Authority: Business Regulation Article, §4

- 205, Annotated Code of Maryland

Notice of Final Action [13

- 055

- F] On June 18, 2013, the State Athletic Commission adopted amendments to Regulation .03 under COMAR 09.14.05 Boxing and Kickboxing Facilities and Equipment . This action, which was proposed for adoption in 40:3 Md. R. 239

— 240 (February 8, 2013), has been adopted as proposed. Effective Date: July 8, 2013.

PATRICK PANNELLA Executive Director State Athletic Commission 

# Title 10

DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.48 Targeted Case Management for People with Intellectual and Developme ntal Disabilities

Authority: Health

- General Article, §§2

- 104(b), 15

- 103, and 15

- 105,

Annotated Code of Maryland

Notice of Final Action [13

- 109

- F] On June 17, 2013, the Secretary of Health and Mental Hygiene adopted: (1) The repeal of existing Regulations .01

— .18 under COMAR 10.09.48 Case Management for Individuals with Developmental Disability ; and (2) New Regulations .01

— .12 under COMAR 10.09.48 Targeted Case Management for People with Intellectual and Developmental Disabilities

. This action, which was proposed for adoption in 40:8 Md. R. 734

— 740 (April 19, 2013), has bee n adopted with the nonsubstantive changes shown below. Effective Date: July 8, 2013.

Attorney General ’ s Certification In accordance with State Government Article, §10

- 113, Annotated Code of Maryland, the Attorney General certifies that the following chan ges do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: Regulation .01B(14): Corrected punctuation; citation to COMAR is unnecessary and could affect future accuracy if the cited r egulation is changed; and remaining additional language provides clarification without changing the substance. Regulation .01B(22)(b), Regulation .05B(3), Regulation .06B(1)(d), Regulation .06D(2)(a)(i)

— (iii), and Regulation .07F(1)(b): Additional language provides clarification without changing the substance. Regulation .03: Criteria were moved without changing their meaning in order to reflect the process as it occurs over time and to make the criteria easier to understand. Regulation .04C(9) and (16) an d Regulation .06A(3): Makes an implied provision express. Regulation .04F(2)(e): Provides additional detail to make the provision easier to understand. Regulation .08B(3): Update of rate, as provided in statute.
.01 Definitions. A. (proposed text unchanged ) B. Terms Defined. (1)

— (13) (proposed text unchanged) (14) “ Individual plan ” means a comprehensive

, outcome

directed service plan [[ as defined in COMAR 10.22.05 ]] that is developed and revised by the resource coordinator [[ with direction from the individu al and input from the team ]] in collaboration with the individual and his or her identified representatives.FINAL ACTION ON REGULATIONS 1075

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 (15)

— (21) (proposed text unchanged) (22) Place of Service. (a) (proposed text unchanged) (b) “ Place of service ” includes but is not limited to the participant ’ s home, day program, group home, alternate living arrangement, or place of employment. (23)

— (37) (proposed text unchanged)
.03 Participant Eligibility. To be eligible for services covered under [[ resource coordination ]] this chapter , a partici pant or applicant shall: A. [[ Apply for services that are provided by the DDA ]] Be Medicaid eligible ; and B. [[ Be Medicaid eligible; ]] Either: (1) Apply for services that are provided by the DDA; or [[ C. ]] (2) Be eligible for funding from the DDA as set fo rth in COMAR [[ 10.22.12; ]] 10.22.12, and meet one of the following conditions: [[ D. Meet one of the following conditions: ]] [[ (1) The participant is ]] (a) Be currently on the DDA waiting list; [[ (2) The participant is ]] (b) Be receiving comprehensive

commu nity services funded by the DDA; or [[ (3) The participant is ]] (c) Be in the process of transitioning to the community.
.04 Conditions for Participation

— General. A.

— B. (proposed text unchanged) C. Administrative and Professional Requirements. To participat e in the Program as a provider of services covered under this chapter, the provider shall: (1)

— (8) (proposed text unchanged) (9) Maintain a toll free number , unless otherwise authorized by the DDA, and an accessible communication system in accordance with the Americans with Disabilities Act of 1990; (10)

— (15) (proposed text unchanged) (16) Notify the DDA immediately in writing of any critical incidents that affect the health, safety, and welfare of an individual, as well as administrative and quality of car e complaints [[ as set forth in DDA policy ]] as re q uired by State and federal law ; and (17) (proposed text unchanged) D.

— E. (proposed text unchanged) F. Technology Requirements. To participate in the Program as a provider of services covered under this chap ter, the provider shall: (1) (proposed text unchanged) (2) Adhere to the following information technology requirements: (a)

— (d) (proposed text unchanged) (e) [[ Gain written approval by the DDA before posting information about DDA services on any public web site ]] Obtain written approval from the DDA before posting on any public website information that describes DDA services

. G.

— I. (proposed text unchanged)
.05 Conditions for Participation

— Staff Requirements. A. (proposed text unchanged) B. Staff Training Re quirements. (1)

— (2) (proposed text unchanged) (3) All resource coordination staff shall receive retraining [[ or certification renewal as required by the DDA ]] on procedures, protocols, processes

, and regulations as required by the DDA

. C.

— G. (proposed tex t unchanged)

.06 Covered Services. A. Comprehensive Assessment. Resource coordination services shall include a comprehensive assessment of the individual ’ s needs and supports to determine eligibility as noted in COMAR 10.22.12. The assessment shall be co mpleted within 45 days of referral by the DDA and include: (1)

— (2) (proposed text unchanged) (3) [[ A ]] Unless otherwise authorized by the DDA, a face

- to

face assessment of the participant, preferably at the participant ’ s residence, to review: (a)

— (n) (prop osed text unchanged) (4)

— (5) (proposed text unchanged) B. Individual Plan. (1) General requirements for the individual plan are that the individual plan shall: (a)

— (c) (proposed text unchanged) (d) Be completed within 30 days [[ of ]] after notification of

s election as the resource coordination agency and subsequent initial contact with the participant, and, if necessary, updated or modified within 30 days of service initiation; (e)

— (i) (proposed text unchanged) (2) (proposed text unchanged) C. (proposed text unchanged) D. Monitoring and Follow

- Up. (1) (proposed text unchanged) (2) Frequency of Monitoring and Follow

- up Contact. (a) For individuals receiving waiting list coordination services, monitoring and follow

- up contact activities shall meet the following requirements:

(i) For individuals who meet the criteria for the crisis resolution priority category as set forth in COMAR 10.22.12.07, minimum monthly face

- to

- face contacts shall be made for the first 90 days, after which [[ contact ]] face

- to

- face contacts will be made quarterly; (ii) For individuals who meet the criteria for the crisis prevention priority category as set forth in COMAR 10.22.12.07, minimum quarterly face

- to

- face contacts shall be made; and (iii) For individuals who meet the criteria for th e current request priority category as set forth in COMAR 10.22.12.07, minimum annual [[ contact ]] face

- to

- face contacts shall be made. (b)

— (c) (proposed text unchanged) (3) (proposed text unchanged)

.07 Limitations. A.

— E. (proposed text unchanged) F. Serv ice Exclusions. (1) Unless an individual is transitioning into the community, resource coordination services may not be provided to: (a) (proposed text unchanged) (b) Inmates or residents of public institutions. (2) (proposed text unchanged) G. (proposed t ext unchanged)
.08 Payment Procedures. A. (proposed text unchanged) B. Payment Rates. (1)

— (2) (proposed text unchanged) (3) For all other services, providers shall be reimbursed [[ $14.28 ]] $14.62 per unit of service. C.

— D. (proposed text unchanged)

JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental HygieneFINAL ACTION ON REGULATIONS

1076

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

# Subtitle 34 BOARD OF PHARMACY

Notice of Final Action [13

- 114

- F] On June 17, 2013, the Secretary of Health and Mental Hygiene adopted: (1) Amendments to R egulations .01 and .03―.05 under COMAR 10.34.14 Opening and Closing of Pharmacies ; and (2) Amendments to Regulation .01 and new Regulation .01

- 1 under COMAR 10.34.30 Change to Permit―Pharmacy or Wholesale Distribution Per mit Holder

. This action, which was proposed for adoption in 40:8 Md. R. 741

— 742 (April 19, 2013), has been adopted as proposed. Effective Date: July 8, 2013.

JOSHUA M. S HARFSTEIN, M.D. Secretary of Health and Mental Hygiene


# Title 15 DEPARTMENT OF AGRICULTURE

Subtitle 05 PESTICIDE US E CONTROL 15.05.01 Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses

Authority: Agriculture Article, §§2

- 103, 5

- 204, 5

- 207 and 5

- 210.2, Annotated Code of Maryland

Notice of Final Action [13

- 017

- F] On June 18, 2013, the Secretary of Agriculture adopted amendments to Regulations .01 and .14 under COMAR 15.05.01 U se and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses . This action, which was proposed for adoption in 40:2 Md. R. 153

— 155 (January 25, 2013) and reproposed in 40:9 Md. R. 805

— 806 (May 3, 2013), has been adopted as reproposed. Effective Date: July 8, 2013.

EARL F. HANCE Secretary of Agriculture



# Subtitle 15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATI ON
15.15.06 Lot Released from Easement for Landowner or Child

Authority: Agriculture Article, §§2

- 504 and 2

- 513, Annotated Code of Maryland

Notice of Final Action [13

- 127

- F] On June 18 , 2013, the Secretary of Agriculture adopted amendments to Regulations .01

— .04 , the repeal of existing Regulations .05 and .06 , and new Regulations .05

— .07 under COMAR 15.15.06 Lot Released from Easement for Landowner or Child . This action, which was pro posed for adoption in 40:9 Md. R. 806

— 808 (May 3, 2013), has been adopted as proposed. Effective Date: July 8, 2013.

EARL F. HANCE Secretary of Agriculture


# Title 20 PUBLIC SERVICE COMMISSION

Subtitle 61 RENEWABLE ENERGY PORTFOLIO STANDARD PROGRAM

Notice of Final Action [13

- 112

- F] On June 12, 2013, the Public Service Commission adopted amendments to: (1) Regulation .03 under COMAR 20.61 .01 General ; (2) Regulations .01 and .03 under COMAR 20.61.02 Certifiable Renewable Energy Facilities ; and (3) Regulation .02 under COMAR 20.61.03 Renewable Energy Cr edit

. This action, which was proposed for adoption in 40:8 Md. R. 763

— 764 (April 19, 2013), has been adopted as proposed. Effective Date: July 8, 2013.

DAVID COLLINS Executive Secretary Public Service Commission


# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Notice of Final Action [13

- 096

- F] On June 14, 2013, the Secretary of the Environment adopted

amen dments to: (1) Regulation .01 under COMAR 26.11.01 General Administrative Provisions ; and (2) Regulation .14 under COMAR 26.11.06 General Emission Standards, Prohibitions, and Restrictions

. This action, which was proposed for adoption in 40:7 Md. R. 621

— 623 (April 5, 2013), has been adopted as proposed. Effective Date: July 8, 2013.
ROBERT M. SUMMERS, Ph.D. Secretary of th e EnvironmentFINAL ACTION ON REGULATIONS 1077

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

# Subtitle 11 AIR QUALITY

Notice of Final Action [13

- 095

- F] On June 14, 2013, the Secretary of the Environment adopted amendments to: (1) Regulation .01 under COMAR 26.11.01 General Administrative Provisions ; and (2) Regulations .01 and .02 under COMAR 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications

. This action, wh ich was proposed for adoption in 40:7 Md. R. 623

— 626 (April 5, 2013), has been adopted as proposed. Effective Date: July 8, 2013.
ROBERT M.SUMMERS, Ph.D. Secretary of the Environment


# Subtitle 11 AIR QUALITY
26.11.27 Emission Limitations for Power Plants

Authority: Environmental Article, §§1

- 101, 1

- 404, 2

- 101

— 2

- 103, 2

- 301

— 2

- 303, 2

- 1003, 10

- 102, 10

- 103, and 10

- 1002, Annotated Code of Maryland

Notice of Final Action [13

- 094

- F] On June 14, 2013, the Secretary of the Environment adopted amendments to Regulations .02 and .03 under COMAR 26.11.27 Emission Limitations for Power Plants . This action, which was proposed for adoption in 40:7 Md. R. 626

— 627 (April 5, 2013), has been adopted as proposed. Effe ctive Date: July 8, 2013.
ROBERT M. SUMMERS, Ph.D. Secretary of the Environment 

# Subtitle 11 AIR QUALITY

26.11.37 Outer Continental Shelf Air Regulations

Authority: Environment Article, §§1

- 101, 1

- 404, 2

- 101

— 2

- 103, 2

- 301

— 2

- 303, 10

- 102 and 10

- 103, Annotated Code of Maryland

Notice of Final Action [13

- 093

- F] On June 14, 2013, the Secretary of the Environment adopted new Regulations .01

— .04 under a new chapter, COMAR 26.11.37 Outer Continental Shelf Air Regulations . This action, which was proposed for adoption in 40:7 Md. R. 627

— 629 (April 5, 2013), has been adopted as proposed. Effective Date: July 8, 2013.
ROBERT M. SUMMERS, Ph.D. Secretary of the Environment1078

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013



# Withdrawal of Regulations

Title 17 DEPARTMENT OF BUDGET AND MANAGEMENT

Subtitle 04 PERSONNEL SERVICES

AND BENEFITS 17.04.13 State Employees ’ Health Benefits

Authority: State Personnel and Pensions Article §§2

- 503 and 4

- 106,

Annotated Code of Maryland

Notice of Withdrawal [13

- 121

- W] The Secretary of Budget and Management wi thdraws the proposed amendments to Regulations .01

, .03

, .03

- 1 , and .06 under COMAR 17.04.13 State Employees ’ Health Benefits as published in 40:9 Md. R. 808

— 810 (May 3, 2013).

T. ELOISE FOSTER Secretary of Budget and Management


# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Notice of Withdrawal [12

- 195

- W] The Secretary of the Environment withdraws the proposed amendments to Regulation .08 under CO MAR 26.11.09 Control of Fuel

- Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel

- Burning Installations , and amendments to Regulations .06

— .07 and adoption of new Regulation .08 under COMAR 26.11.14 Control of Emissions from Kraft Pulp Mills , as published in 39:16 Md. R. 1120

— 1122 (August 10, 2012).
ROBERT M. SUMMERS, Ph.D. Secretary of the Environment1079

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

# Proposed Action on Regulations

Title 08 DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

Notice of Proposed Action

[13

- 180

- P] The Secretary of Natural Resources proposes to amend: (1) Regulation .07 under COMAR 08.02.05 Fish ; and (2) Regulation .03 under COMAR 08.02.12 Endangered and Threatened Fish Species

.

Statement of Purpose The purpose of this action is to establish regulations for Atlantic menhaden. Men haden have been found to be in need of conservation, and are being listed as such. The action also establishes a quota, season, license requirements, a bycatch allowance landing permit, a declaration period for the fishery, catch limits, and reporting
requ irements. The action also allows for the modification of catch limits, quotas, and seasons by public notice. The Atlantic menhaden fishery is managed cooperatively under the provisions of the Interstate Fishery Management Plan (FMP) for Atlantic Menhaden d eveloped by the Atlantic States Marine Fisheries Commission (ASMFC). Amendment 2 to the Plan was approved in December 2012, establishing a total allowable catch (TAC) for the fishery that resulted in a 20% reduction from the average landings from 2009

— 2011 . New biological reference points were also adopted for biomass with the goal of increasing abundance, spawning stock biomass, and menhaden availability as a forage species. The action also includes provisions for the transfer of quota between states and a bycatch allowance of 6,000 pounds for nondirected fisheries that are operating after a state TAC has been landed. In Maryland, this will allow the continued use of pound nets even after the state TAC has been landed. The action also establishes requiremen ts for reporting and improved biological monitoring. This action will keep Maryland in compliance with the ASMFC FMP for Atlantic menhaden.

Comparison to Federal Standards There is no corresponding federal standard to this proposed action.

Estimate of Eco nomic Impact I. Summary of Economic Impact. The proposed action has a negative economic impact.
Revenue (R+/R

- ) II. Types of Economic Impact. Expenditure (E+/E

- ) Magnitude

A. On issuing agency: NONE
B. On other State agencies: NONE
C. O n local governments: NONE

Benefit (+) Cost (

- ) Magnitude

D. On regulated industries or trade groups: (1) Revenue (

- ) 146,426 (2) Expenditures (

- ) Indeterminable
E. On other industries or trade groups: NONE
F. Direct and indirect effec ts on public: (1) Bait and Tackle Stores (

- ) Indeterminable (2) Recreational Fishermen and Crabbers (

- ) Indeterminable For information concerning citizen participation in the regulation

- making process, see ins ide front cover.

Symbol Key

• Roman type indicates existing text of regulation.

• Italic type indicates proposed new text.

• [Single brackets] indicate text proposed for deletion.

Promulgation of Regulations An agency wishing to adopt, amend, or repeal regulations must first publish in the Maryland Register a notice of proposed act ion, a statement of purpose, a comparison to federal standards, an estimate of economic impact, an economic impact on small businesses, a notice giving the public an opportunity to comment on the proposal, and the text of the proposed regulations. The opportunity for pu blic comment must be held open for at least 30 days after the proposal is published i n the Maryland Register. Following publication of the proposal in the Maryland Register, 45 days must pass before the agency may take final action on the proposal. When final action is taken, the agency must publish a notice in the Maryland Register. Fi nal action takes effect 10 days after the notice is published, unless the agency specifies a later date. An agency may make changes in the text of a proposal. If the c hanges are not substantive, these changes are included in the notice of final action and published in the Maryland Register. If the changes are substantive, the agency must repropose the regulations, showing the changes that were made to the originally proposed text. Proposed action on regulations may be withdrawn by the proposing agency an y time before final action is taken. When an agency proposes action on regulations, but does not take final action within 1 year, the proposal is automatically withdrawn by oper ation of law, and a notice of withdrawal is published in the Maryland Register.PROPOSED ACTION ON REGULATIONS

1080

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 III. Assumptions. (Identified by Impact Letter and Number from Section II.) D(1). The projected decrease in revenue to the commerci al industry is a 20% reduction of the dockside value for the 10

- year average Atlantic menhaden harvest in Maryland. The actual annual reduction will vary by year, but should average around 20% as this is the target level of reduction in landings required b y the Atlantic States Marine Fisheries Commission. Seafood dealers will also see a reduction in revenue as there will be fewer menhaden for them to sell. The reduction in revenue for seafood dealers is indeterminable as there is no way to calculate the los t profits of the dealers with regards to the reduction of the menhaden harvest. D(2). There will likely be an indeterminable amount of increased expenditure by the commercial industry because of these regulations. Atlantic menhaden is the preferred bait o f crab pot fishermen. As such, a reduction in bait availability caused by these regulations could increase the price of bait and therefore increase operating costs for individual fishermen. It is likely that the industry will find alternatives for bait or compensate for lower menhaden availability through fishing behavior, but some increase in expenditures is likely. F(1). Tackle stores often sell bait to fishermen, including Atlantic menhaden. With the reduction in the menhaden harvest, bait stores will h ave less access to menhaden to sell in their stores. The amount of these reductions is not quantifiable due to pricing variability and unknown distribution of sales. F(2). Recreational anglers use Atlantic menhaden for bait in various fisheries in the Che sapeake Bay and along the Atlantic Coast. If bait prices increase due to lower than normal supply, these anglers will have to pay more to use menhaden as bait. Individual fishermen ‟ s response to increased bait price or unavailability will vary, making quan tifying any effect difficult.

Economic Impact on Small Businesses The proposed action has a meaningful economic impact on small business. An analysis of this economic impact follows. Please see summary of economic impact to the regulated community in Part A.

Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment Comments may be sent to Menhaden Regulations, Fisheries Regulatory Staff, Department of Natural Resources, 580 Ta ylor Ave, Annapolis MD 21401, or call (410)260

- 8260, or email to fisheriespubliccomment@dnr.state.md.us, or fax to (410)260

- 8310. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled.



## 08.02.05 Fish

Authority: Natural Re sources Article, §§4

- 206 and 4

- 2A

- 03, Annotated Code of Maryland

.07 Atlantic M

enhaden. A. Quota. (1) The annual total allowable landings of Atlantic menhaden for the commercial fishery is set by the Atlantic States Marine Fisheries Commission and shall be established and may be modified through a public notice issued in accordance with §F of this regulation. (2) Any annual overages of the quota will be deducted from the subsequent year ’ s quota. B. Seasons. The season for harvesting Atlantic menhaden shall be established and may be modified through a public notice issued in accordance with §F of this regulation. C. Commercial Catch Limits. (1) Prior to the State quota in §A of this regulation being met or exceeded, there is no catch limit for Atlantic menha den. (2) Upon the State quota being met or exceeded, the catch limit for Atlantic menhaden and the harvest rate at which an Atlantic menhaden bycatch allowance landing permit is required shall be established and may be modified through a public notice issu ed in accordance with §F of this regulation. D. Atlantic Menhaden Bycatch Allowance Landing Permits. (1) An individual may apply for a n Atlantic menhaden bycatch allowance landing permit if, as of February 18, 2013, the individual had a pound net site regi stered with the Department. (2) An individual may be issued only one Atlantic menhaden bycatch allowance landing permit. (3) A permittee shall have in possession the Atlantic menhaden bycatch allowance landing permit when engaged in permitted activities. ( 4) Atlantic m enhaden bycatch allowance landing permits may not be transferred and are valid only for the named individual on the permit card. (5) A permittee shall be on board any boat harvesting Atlantic

m enhaden under a n Atlantic menhaden bycatch allo wan ce landing permit

. E. Reporting. (1) In addition to the requirements of Natural Resources Article, §4

- 206, Annotated Code of Maryland, an individual in possession of a n Atlantic menhaden landing permit shall report in the manner specified by the Departmen t. (2) The Department may suspend the holder of a n Atlantic menhaden landing permit from participation in the menhaden fishery for up to 90 days per violation for failing to comply with §E(1) of this regulation. (3) The Department may deny an application f or a n Atlantic menhaden landing permit for failing to comply with §E(1) of this regulation during the previous season. F. General. (1) The Secretary may establish or modify catch limits, quotas, and seasons for Atlantic menhaden in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Menhaden by issuing a public notice on the Fisheries Service website. (2) The Secretary shall make a reasonable effort to disseminate a public notice issued under this secti on through various other media so that an affected individual has a reasonable opportunity to be informed. (3) A violation of the restrictions set by the Secretary in accordance with section is a violation of this regulation. 

## 08.02.12 Endangered and Threa tened Fish Species

Authority: Natural Resources Article, §4

- 2A

- 03, Annotated Code of Maryland
.03 Listing of Species. A. The following species are listed as in need of conservation: (1)

— (1 5 ) (text unchanged) (16) Bay Scallop (Argopecten irradians); [ and ] (17) Snapper Grouper Complex: (a)

— (ppp) (text unchanged) (qqq) Sand tilefish (Malacanthus plumieri) [

. ] ; and (18) Atlantic menhaden (Brevooritia tyrannus). B. (text unchanged)

JOSEPH P. GILL Secretary of Natural ResourcesPROPOSED ACTION ON REGULATIONS 1081

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

# Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 10 RACING COMMISSION
09.10.03 Prohibited Acts

Authority: Business Regulat ion Article, §11

- 210, Annotated Code of Maryland Notice of Proposed Action

[13

- 172

- P] The Maryland Racing Commission proposes to amend Regulations .01

, .04 , and .08 , and adopt new Regulation .01

- 1 under COMAR 09.10.03 Prohibited Acts . This action was cons idered by the Maryland Racing Commission at a public meeting held on April 16, 2013, notice of which was given pursuant to State Government Article, §10

- 506(c), Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to establish pe rmissive levels of certain drugs and medications that may be in a horse ‟ s system on a live racing day, and to prohibit the administration of any adjunct bleeder medication to a horse on a race day.

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 Disa bilities The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment Comments may be sent to J. Michael Hopkins, Executive Director, Maryland Racing Commission, 300 East Towsontown Boulevard, or call 410

- 296

- 9682, or email to mhopkins@dllr.state.md.us, or fax to 410

- 296

- 9687. Comments will be accepted through August 2, 2013. A public hearing has not been scheduled.

.01 Definitions. A. (text unchanged) B. Terms Defined. (1) Drug. (a) [ Except as provided in §B(1)(b) of this regulation,

“ drug ” ] “

Drug ” means a substance which may have a pharmacological effect on a horse, and:

(i)

— (v) (text unchanged) (b) [ Except as provided in §B(1)(c) of this regulation,

“ drug ” does not include:

(i) Phenylbutazone, quantitated at les s than 2 micrograms per milliliter of the blood plasma of a horse;

(ii) Flunixin quantitated at less than 20 nanograms per milliliter of blood plasma;

(iii) Caffeine quantitated at less than 100 nanograms per milliliter of blood plasma;

(iv) Furosemide (Lasix), as provided in Regulation .08 of this chapter; (v) A substance administered as an adjunct to Lasix in accordance with Regulation .08 of this chapter;

(vi) Stanozolol quantitated at less than 1 nanogram per milliliter of urine;

(vii) Nandrolone quantitated at less than 1 nanogram per milliliter of urine taken from a gelding, filly, or mare;

(viii) Boldenone quantitated at less than 15 nanograms per milliliter of urine taken from a colt or horse;

(ix) Testosterone quantitated at less than 20 nan ograms per milliliter of urine taken from a gelding; and (x) Testosterone quantitated at less than 55 nanograms per milliliter of urine taken from a filly or mare. (c) ] “ Drug ” includes the combination of phenybutazone and flunixin [ in quantities described under §B(1)(b)(i) and (ii) of this regulation. ] if:

(i) Phenylbutazone is quantitated at more than 0.3 micrograms per milliliter of blood plasma or serum; and

(ii) Flunixin is quantitated at more than 3.0 nanograms per milliliter of blood plasma or serum. (2)

— (3) (text unchanged)

.01

- 1 Restricted Use of Medications and Other Substances. The use of the following medications and other substances are permitted if quantitated at not more than the specified thresholds: A. Acepromazine quantitated at not more than 10 nanograms per milliliter of HEPS in urine; B. Betamethasone quantitated at not more than 10 picograms per milliliter of blood plasma or serum; C. Butorphanol quantitated at not more than 300 nanograms per milliliter of total butorphanol in urine, o r 2 nanograms per milliliter of free butorphanol in blood plasma or serum; D. Caffeine quantitated at not more than 100 nanograms per milliliter of blood plasma or serum; E. Clenbuterol quantitated at not more than 140 picrograms per milliliter of urine, or the limit of detection in blood plasma or serum; F. Dantrolene qua n titated at not more than 100 picrograms per milliliter of 5

- hydroxydantrolene in blood plasma or serum; G. Detomidine quantitated at not more than 1 nanogram per milliliter of carboxyde tomidine in urine, or the limit of detection for detomidine in blood plasma or serum; H. Dexamethasone quantitated at not more than 5 picograms per milliliter of blood plasma or serum; I. Diclofenac quantitated at not more than 5 nanograms per milliliter o

f blood plasma or serum; J. Dimethlysulfoxide (DMSO) quantitated at not more than 10 micrograms per milliliter of blood plasma or serum; K. Firocoxib quantitated at not more than 20 nanograms per milliliter of blood plasma or serum; L. Flunixin quantitated at not more than 20 nanograms per milliliter of blood plasma or serum; M. Furosemide (Lasix), as provided in Regulation .08 of this chapter; N. Glycopyrrolate quantitated at not more than 3 picograms per milliliter of blood plasma or serum; O. Ketoprofen quantitated at not more than 10 nanograms per milliliter of blood plasma or serum; P. Lidocaine quantitated at not more than 20 picograms per milliliter of total 3

- hydroxylidocaine in blood plasma or serum; Q. Mepivacaine quantitated at not more than 10 n anograms per milliliter of total hydroxymepivacaine in urine, or the limit of detection of mepivacaine in blood plasma or serum; R. Methocarbamol quantitated at not more than 1 nanogram per milliliter of blood plasma or serum; S. Methylprednisone quantitat ed at not more than 100 picograms per milliliter of blood plasma or serum;PROPOSED ACTION ON REGULATIONS

1082

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 T. Omeprazole quantitated at not more than 1 nanogram per milliliter of urine; U. Phenylbutazone quantitated at not more than 2 micrograms per milliliter of the blood plasma or seru m; V. Prednisolone quan t itated at not more than 1 nanogram per milliliter of blood plasma or serum; W. Procaine Penicillin quantitated at not more than 25 nanograms per milliliter of blood plasma or serum; X. Tiamcinolone acetonide quantitated at not more than 100 picograms per milliliter of blood plasma or serum; Y. Xylazine quantitated at not more than .01 nanograms per mill iliter of blood plasma or serum; Z. Stanozolol quantitated at not more than 1 nanogram per milliliter of urine; AA. Nandrolone qua ntitated at not more than 1 nanogram per milliliter of urine taken from a gelding, filly, or mare; BB. Boldenone quantitated at not more than 15 nanograms per milliliter of urine taken from a colt or horse; CC. Testosterone quantitated at not more than 2 0 nanograms per milliliter of urine taken from a gelding; and DD. Testosterone quantitated at not more than 55 nanograms per milliliter of urine taken from a filly or mare.
.04 Drug Prohibition

— Horses. A. Other than Lasix administered in accordance with t he regulations in this chapter, [ An ] an individual may not administer, cause to be administered, participate, or attempt to participate in any way in the administration of [ a ] any drug or medication to a horse: (1)

— (2) (text unchanged) [ B. Notwithstandin g any other provision of this chapter, no substance of any kind may be administered to a horse within 2 hours of the scheduled post time for the race in which the horse is entered. ] [ C. ] B. A horse participating in a race may not carry [ a drug ] in its bod y [

. ] : (1) A drug; or (2) A medication or other substance quantitated at more than the thresholds prescribed in Regulation .01

- 1 of this chapter. [ D. ] C. The presence of a drug or a medication or other substance quantitated at more than the thresholds pres cribed in Regulation .01

- 1 of this chapter in the post

- race urine, blood, or other sample taken from a horse is prima facie evidence that the: (1)

— (2) (text unchanged) [ D

- 1. ] D. (text unchanged) [ E. ] (proposed for repeal) [ F. ] E. (text unchanged) [ G. ] F. Enforcement. (1) The stewards or judges may order the: (a)

— (b) (text unchanged) (c) Denial, forfeiture, and prompt return of a purse, sweepstakes, trophy, or any other reward received by the owner of a horse found to have carried a drug or a medicat ion or other substance quantitated at more than the thresholds prescribed in Regulation .01

- 1 of this chapter in its body during a race; (d) Redistribution of the items denied, forfeited, and returned, resulting from the disqualification of a horse found to have carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01

- 1 of this chapter in its body during a race, to those owners whose horses were advanced by the disqualification. (2) If the stew ards or judges order a disqualification due to a horse having carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01

- 1 of this chapter in its body during a race, they shall issue a ruling

anno uncing the disqualification. [ H. ] G. (text unchanged) .08 Bleeders. A. (text unchanged) [ A

- 1

. ] (proposed for repeal) B.

— E. (text unchanged) F. Race Day Administration of Lasix. (1) Unless a horse has been declared off of Lasix pursuant to §G of this regulation, [ A ] a horse [ scheduled to race ] that is permitted to use Lasix shall be administered Lasix on the day of the race only by a veterinarian [ licensed by the Commission before the running of the race unless, under §G of this regulation, the horse has been declared off of Lasix by its owner or trainer ] designated by the Commission to perform such a function

. (2) [ Post

- Race Quantitation. ] As indicated by post

- race quantitation, a horse may not carry in its body at the time of the running of a race n ot more than 100 nanograms of Lasix per milliliter of plasma or serum

. (3) Reports. (a) The veterinarian who administers Lasix to a horse scheduled to race shall prepare a written certification indicating [ :

(i) That ] that Lasix was administered [ ; and ( ii) If applicable, each adjunct medication that was administered ]

. (b)

— (c) (text unchanged) G. (text unchanged) H. Program Notice. (1) Of the horses scheduled to race, the official program shall denote the horses which have been administered: (a) Lasix ; and (b) Lasix for the first time [ ; and (c) Lasix and one or more adjunct medications ]

. (2) If the official program contains past performance lines, each past performance line shall indicate if the horse was administered [ ; (a) ] Lasix [ ; or (b) Lasix an d an adjunct medication ]

. [ I. ] (proposed for repeal)

J. MICHAEL HOPKINS Executive Director Maryland Racing Commission



# Subtitle 12 DIVISION OF LABOR AND

INDUSTRY 09.12.31 Maryland Occupational Safety and Health Act

— Incorporation by Reference of Federal Standards

Authority: Labor and Employment Article, 2

- 106(b)(4) , 5

- 309(a)(1), and 5

-

312( b), Annotated Code of Maryland Notice of Proposed Action

[13

- 167

- P] The Commissioner of Labor and Industry proposes to adopt, through incorporation by reference under COMAR 09.12.31 Maryland Occupational Safety and Health Act

— Incorporation by Reference of Federal Standards , amendments and revisions relating to Hazard Communication, 29 CFR Parts 1910 and 1926, excluding Part 1915 and 29 CFR §1910.1200(b)(6)(iv), published in 77 FR 17574

— 17896 (March 26, 2012), as amended. This action was considered by t he Maryland Occupational Safety and Health Advisory Board pursuant to a meeting held on September 5, 2012, notice of which was given in accordance with State Government Article, §10

- 506(c), Annotated Code of Maryland.PROPOSED ACTION ON REGULATIONS 1083

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 Statement of Purpose The purpose of this action is to amend OSHA ‟ s Hazard Communication Standard (HCS) to conform to the United Nations ‟ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The modifications include revised criteria for classification of chemical haz ards; revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements, and precautionary statements; a specified format for safety data sheets; and related revisions to definitions of terms used in the standard, and requirements for employee training on labels and safety data sheets. OSHA is also modifying provisions of other standards to include standards for flammable and combustible liquids, process safety management, and most substance

- specific h ealth standards, to ensure consistency with the modified HCS requirements.

Comparison to Federal Standards In compliance with Executive Order 01.01.1996.03, this proposed regulation is more restrictive or stringent than corresponding federal standards as follows: (1) Regulation citation and manner in which it is more restrictive than the applicable federal standard: 29 CFR §1910.1200(b)(6)(iv). Wood or wood products are exempt from the requirements under OSHA ‟ s Hazard Communication Standard (HCS). However, the exclusion for wood and wood products set forth in 29 CFR §1910.1200(b)(6)(iv) does not apply in Maryland. (2) Benefit to the public health, safety or welfare, or the environment: It is assumed that this proposal will help ensure that employees are
app rised of the chemical hazards to which they may be exposed, and reduce the incidence of chemical

- related occupational injuries and illnesses. (3) Analysis of additional burden or cost on the regulated person: The majority of the costs that are associated w ith complying with the revisions of the HCS will generally be incurred by the affected industries as one

- time transitional costs over the phase

- in period of four years. (4) Justification for the need for more restrictive standards: As Maryland is a state p lan state, Maryland Occupational Safety and Health (MOSH) Program is required to adopt the federal standard or adopt a state standard that is “ at least as effective ” as the federal standard. As such, Maryland is incorporating by reference the latest modifi cations under OSHA ‟ s HCS, and adhering to Maryland ‟ s Occupational Safety and Health Act, Labor and Employment Article, §5

- 403(c), which provides that the exclusion for wood and wood products does not apply in Maryland.

Estimate of Economic Impact I. Summar y of Economic Impact. On the national level, the estimated cost of the final rule is $201,000,000 annually. The major cost elements associated with this final rule include the classification of chemical hazards in accordance with the GHS criteria and the

c orresponding revision of safety data sheets and labels to meet new format and content requirements; training for employees to become familiar with new warning symbols and the revised safety data sheet format; management familiarization and other management

- related costs as may be necessary; and costs to purchase upgraded label printing equipment and supplies or to purchase pre

- printed color labels in order to include the hazard warning pictogram enclosed in a red

- bordered diamond on the product label. R evenue (R+/R

- ) II. Types of Economic Impact. Expenditure (E+/E

- ) Magnitude

A. On issuing agency: NONE
B. On other State agencies: NONE C. On local governments: NONE

Benefit (+) Cost (

- ) Magnitude

D. On regulated industries or trade groups: (

- ) Indeterminable
E. On other industries or trade groups: NONE
F. Direct and indirect effects on public: (+) Indeterminable III. Assumptions. (Identified by Impact Letter and Number from Section II.) D. OSHA acknowledges that the es timated compliance costs of $201,000,000 for the revisions to the HCS represent the additional costs necessary for employers to achieve full compliance. They do not include costs associated with current compliance that has already been achieved; nor do the y include costs necessary to achieve compliance with existing requirements to the extent that some employers may currently not be fully complying with applicable regulatory requirements. The majority of the costs associated with compliance with the revisio ns to the HCS will generally be incurred by the affected industries as one

- time transitional costs over the phase

- in period of 4 years. Covered employers must complete all training regarding the new label elements and SDS format by December 1, 2013. Second , OSHA is requiring compliance with all of the provisions for preparation of new labels and safety data sheets by June 1, 2015. Distributors will have an additional 6 months (by December 1, 2015) to distribute containers with manufacturers ‟ labels in order to accommodate those they receive very close to the compliance date. Employers will also be given an additional year (by June 1, 2016) to update their hazard communication programs or any other workplace signs, if applicable.
F. OSHA has determined that the modifications of its HCS will enhance the effectiveness of the system in ensuring that employees are apprised of the chemical hazards to which they may be exposed, and in reducing the incidence of chemical

- related occupational injuries and illnesses.

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 Commen ts may be sent to Debbie Stone, Regulations Coordinator, Department of Labor, Licensing, and Regulation, Division of Labor and Industry, 1100 North Eutaw Street, Room 606, Baltimore, Maryland 21201, or call 410

- 767

- 2225, or email to dstone@dllr.state.md.us , or fax to 410

- 767

- 2986. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled.PROPOSED ACTION ON REGULATIONS

1084

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 GG. Hazard Communication and [ Material ] Safety Data Sheets. (1)

— (3) (text unchanged) (4) All amendments and revisions to 29 CFR §§1910 and 1 926, including Appendices A

— F, and excluding Part 1915 and 29 CFR §1910.1200(b)(6)(iv) that appear in the Federal Register on March 26, 2012 (77 FR 17574 ― 17896) are adopted by reference, as amended. Effective date:

J. RONALD DEJULIIS Commission of Labor and Industry


# Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 09 MEDICAL CARE PROGRAMS

10.0 9.04 Home Health Services

Authority: Health

- General Article, §§2

- 104(b), 15

- 103, and 15

- 105,

Annotated Code of Maryland Notice of Proposed Action

[13

- 177

- P] The Secretary of Health and Mental Hygiene proposes to amend Regulations .01

, .03 , and .07 under C OMAR 10.09.04 Home Health Services

. Statement of Purpose The purpose of this action is to ensure physicians document that face

- to

- face encounters occur closer to the start of care in order to substantiate that the conditions exhibited by the patient at th e initial encounter are related to the primary reason that home health care is needed.
Comparison to Federal Standards There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact The proposed action has no economic impact.

Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities The proposed action has no impact on indi viduals with disabilities.

Opportunity for Public Comment Comments may be sent to Michele A. Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, o r call 410

- 767

- 6499 (TTY 800

- 735

- 2250), or email to dhmh.regs@maryland.gov, or fax to 410

- 767

- 6483. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled.

.01 Definitions. A. (text unchanged) B. Terms Defined. (1)

— (1 5 ) (text unchanged) (1 6 ) “ Nonphysician practitioner ” means an individual who : (a) Is licensed as a nurse practitioner, clinical nurse specialist, a certified nurse

- midwife, or a physician assistant in the jurisdiction in which the service is provided; and (b) Works in collaboration with or under the supervision of the attending physician. [ (1 6 ) ] (1 7 )

— [ (27) ] (28) (text unchanged)
.03 Conditions for Participation. A.

— B . (text unchanged) C . Plan of Treatment. (1)

— (2) (text unchanged) (3) The attending phys ician shall [ sign ] : (a) Sign and date the initial plan of treatment [ before the provider seeks reimbursement from the Program ] ; and (b) D ocument that the attending physician or nonphysician practitioner, who is not employed by the home health agency, has had a face

- to

-

face encounter with the recipient no more than 90 days before the home health start of care date or within 30 days of the start of the home health care

, including the date of the encounter. (4) For recipients admitted to home health upon dis charge from a hospital or post

- acute setting, the attending acute or post

acute physician or non physician practitioner shall document the clinical findings of the face

- to

- face encounter. [ (4) ] (5) (text unchanged) D. (text unchanged)
.07 Payment Procedure s. A.

— G. (text unchanged) H. The Department shall reimburse for preauthorized home health services upon verification that a face

- to

- face encounter with the recipient was performed as described under Regulation .03C of this chapter.
JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene



# Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Proposed Action

[13

- 174

- P] The Secretary of Health and Mental Hygiene proposes to amend: (1) Regulations .01 and .10 under COMAR 10.09.06 Hospital Services ; (2) Regulation .06 under COMAR 10.09.08 Freestanding Clinics ; (3) Regulations .01 and .16 under COMAR 10.09.10 Nursing Facility Services ; (4) Regulations .02

, .05

- 3

, .08 , and .10 under COMAR 10.09.24 Medical Assistance Eligibility ; (5) Regulations .01 and .11 under COMAR 10.09.26 Community Based Services for Developmentally Disabled Individuals Pursuant to a 1915(c) Waiver ; (6) Regulation .01 under COMAR10.09.44 Programs of All

Inclusive Care for the Elderly (PACE) ; (7) Regulation .03 under COMAR 10.09.46 Home and Community

- Based Services Waiver for Adults with Traumatic Brain Injury ; (8) Regulation .03 under COMAR 10.09.52 Service Coordination for Children with Disabilities ; (9) Regulation .02 under COMAR 10.09.55 Living at Home Waiver Pro gram ;PROPOSED ACTION ON REGULATIONS 1085

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 (10) Regulation .05 under COMAR 10.09.56 Home and Community

- Based Services Waiver for Children with Autism Spectr um Disorder ; (11) Regulations .02 and .09 under COMAR 10.09.60 Primary Adult Care Program Eligibility ; (12) Regulation .01 under COMAR 10.09.62 Maryland Medicaid Managed Care Program: Definitions ; (13) Regulations .01 and .06 under COMAR 10.09.63 Maryland Medicaid Managed Care Program: Eligibility and Enrollment ; (14) Regulation .13 under COMAR 10.09.69 Maryland Medicaid Managed Care Program: Rare and Expensive Case Management ; (15) Regulation .06 under COMAR 10.09.70 Maryland Medicaid Managed Care Program: Specialty Mental Health System ; and (16) Regulation .03 under COMAR 10.09.79 Psychiatric Residential Treatment Facility (PRTF) Demonstration Waiver

.

Statement of Purpose The purpose of this action is to replace obsolete language with current terminology in accordance with Rosa ‟ s Law

- S. 2781 (111th) Pub. L. 111

- 256.
Comparison to Federal Standards There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact Th e 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 disabilit ies.

Opportunity for Public Comment Comments may be sent to Michele A. Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410

- 767

- 6499 (T TY 800

- 735

- 2258), or email to dhmh.regs@maryland.gov, or fax to (410) 767

- 6483. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled. 

## 10.09.06 Hospital Services

Authority: Health

- General Article, §§2

- 104(b), 15

- 102.8, 1 5

- 103, and 15

- 105,

Annotated Code of Maryland

.01 Definitions. A. (text unchanged) B. Terms Defined. (1)

— (17) (text unchanged) (18) “ Intermediate care facility [

- mental retardation ] for individuals with intellectual disabilities or persons with related

con ditions (ICF

- IID) ” means a nursing facility for the [ mentally retarded ] intellectually disabled which meets the standards for certification and participation in Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq. (19)

— (47) (text unchanged) .10 B illing and Reimbursement Principles. A. Administrative Days. To be paid for administrative days, the provider shall document on forms designated by the Department information which satisfies the conditions listed below: (1) The recipient no longer needs ac ute general, special psychiatric, or other special hospital care, and the following conditions are met: (a) (text unchanged) (b) If a hospital other than a special psychiatric hospital, the provider has:

(i) (text unchanged) (ii) Received a determination f rom the Department or its designee that the recipient requires the level of care provided by a special hospital, nursing facility, intermediate care facility, intermediate care facility [

- mental retardation ] for individuals with intellectual disabilities or persons with related conditions (ICF/IID)

, or a mental hospital, and a bed in an appropriate facility is not available; (iii)

— (iv) (text unchanged) (2) (text unchanged) B.

— S. (text unchanged) 

## 10.09.08 Freestanding Clinics

Authority: Health

- General Articl e, §§2

- 104(b), 15

- 103, and 15

- 105,

Annotated Code of Maryland

.06 Limitations. The Program does not cover the following: A.

— F. (text unchanged) G. Free

- standing clinic services for inpatient recipients in State

operated [ mental retardation ] facilities serv ing individuals with intellectual disabilities ; H.

— U. (text unchanged) 

## 10.09.10 Nursing Facility Services

Authority: Health

- General Article, §§2

- 104(b), 15

- 103, 15

- 105, 19

- 14B

- 01,

and 19

- 310.1, Annotated Code of Maryland

.01 Definitions. A. (text unchange d) B. Terms Defined. (1)

— (39) (text unchanged) (40) Nursing Facility (NF). (a)

— (b) (text unchanged) (c) “ Nursing facility ” does not include an institution which is primarily for the care and treatment of mental diseases, [ mental retardation, ] an intellectu ally disability or a developmental disability. (41)

— (71) (text unchanged)

.16 Selected Costs

— Allowable. The following costs are allowable in establishing interim and final per diem payment rates: A.

— D. (text unchanged) E. Administrative Days. For service s provided on or after July 1, 2004, the Department will reimburse at the interim per diem rates for Administrative and Routine, Other Patient Care, and Capital cost centers, and at the standard rate for each procedure received and for 70 percent of the li ght care rate less patient resources for administrative days, documented on forms designated by the Department, which satisfy the conditions listed below: (1) (text unchanged)PROPOSED ACTION ON REGULATIONS

1086

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 (2) When institutional care is no longer appropriate, and the following conditi ons are met: (a) The Department or its designee has determined that the recipient no longer requires the level of care which is provided by a nursing facility or intermediate care facility [

- mentally retarded ] for individuals with intellectual disabilities or persons with related conditions (ICF/IID)

. (b)

— (e) (text unchanged) (3) (text unchanged) F. (text unchanged) 

## 10.09.24 Medical Assistance Eligibility

Authority: Health

- General Article, §§2

- 104(b), 2

- 105(b), 15

- 103, 15

- 105, and

15

- 121, Annotated Code of Maryland

.02 Definitions. A. (text unchanged) B. Terms Defined. (1)

— (26) (text unchanged) (27) “ Intermediate care facility [

- mental retardation ] for individuals with intellectual disabilities or persons with related conditions (ICF/IID) ” means a nursing fac ility for the [ mentally retarded ] intellectually disabled which meets the standards for certification and participation in Title XIX and has entered into a provider agreement with the Department pursuant to COMAR 10.09.11. (28)

— (29) (text unchanged). (30) “ Long

- term

- care facility ” means a skilled nursing facility, intermediate care facility, intermediate care facility [

— mental retardation ] for individuals with intellectual disabilities or persons with related conditions (ICF/IID) , chronic hospital, tuberculo sis hospital, or mental hospital. (31)

— (63) (text unchanged)

.05

- 3 Nonfinancial Eligibility Requirements

— Residency. A.

— J. (text unchanged) K. An adult is considered incapable of indicating intent if the individual: (1)

— (2) (text unchanged) (3) Is found incapable of indicating intent based on medical documentation obtained from a physician, psychologist, or other person licensed by the state in the field of [ mental retardation ] intellectual disabilities

. .08 Consideration of Resources. A.

— J. (text unchang ed) J

- 1. Medicaid Qualifying Trust. (1)

— (2) (text unchanged) (3) If the beneficiary of a trust is [ a mentally retarded ] an intellectually disabled person who resides in an intermediate care facility for the [ mentally retarded ] intellectually disabled , the trust may not be considered a Medicaid qualifying trust if it was established before April 17, 1986 and is solely for the benefit of the [ mentally retarded ] intellectually disabled person. (4) (text unchanged) K.

— O. (text unchanged)
.10 Determining Financi al Eligibility for Institutionalized Persons. A.

— B. (text unchanged) C. Retroactive Eligibility. (1)

— (3) (text unchanged) (4) Determination of Available Income for the Retroactive Period. The following amounts shall be deducted from the total income in th e following order: (a) For dates of service beginning July 1, 2003, a personal needs allowance of:

(i)

— (ii) (text unchanged) (iii) $100 a month for a person who resided in an [ ICF

— MR ] ICF/IID or mental hospital, participated in therapeutic work activities, and received remuneration for participation in these activities. An amount greater than $100 a month but not to exceed the MNIL may be deducted based on additional documented work

related need. (b) For dates of service beginning July 1, 2004, a personal

n eeds allowance of:

(i)

— (ii) (text unchanged) (iii) $100 a month for a person who resides in an [ ICF

— MR ] ICF/IID or mental hospital, participates in therapeutic work activities, and received remuneration for participation in these activities, and an amount greater than $100 a month but not to exceed the MNIL which may be deducted from available income based on additional documented work

- related need. (c)

— (h) (text unchanged) (5)

— (8) (text unchanged) D. Current Eligibility. (1) (text unchanged) (2) Determinat ion of Available Income. The following amounts shall be deducted from total income in the following order: (a) For dates of service beginning July 1, 2003, a personal needs allowance of:

(i)

— (ii) (text unchanged) (iii) $100 a month for a person who resides in an [ ICF

— MR ] ICF/IID or mental hospital, participates in therapeutic work activities, and receives remuneration for participating in these activities. An amount greater than $100 a month but not to exceed the MNIL may be deducted based on additional doc umented work

related need. (b) For dates of service beginning July 1, 2004, a personal needs allowance of:

(i)

— (ii) (text unchanged) (iii) $100 a month for a person who resides in an [ ICF

— MR ] ICF/IID or mental hospital, participates in therapeutic work
act ivities, and received remuneration for participation in these activities, and an amount greater than $100 a month but not to exceed the MNIL which may be deducted from available income based on additional documented work

- related need. (c)

— (h) (text unchang ed) (3)

— (6) (text unchanged) 

## 10.09.26 Community Based Services for Developmentally Disabled Individuals Pursuant to a 1915(c) Waiver

Authority: Health

- General Article, §§2

- 104(b), 15

- 103, and 15

- 105,

Annotated Code of Maryland

.01 Definitions. A. (text un changed) B. Terms Defined. (1)

— (27) (text unchanged) (28) “ Qualified developmental disabilities professional (QDPP) ” means an individual who: (a) (text unchanged) (b) Has a minimum of 1 year full

- time or equivalent experience working directly with persons with [ mental retardation ] an intellectual disability or other developmental disability.PROPOSED ACTION ON REGULATIONS 1087

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 (29)

— (35) (text unchanged) (36) “ State residential center ” means a place that: (a) (text unchanged) (b) Provides residential services for individuals with [ mental
retar dation ] an intellectual disability and who, because of [ mental retardation ] an intellectual disability , require specialized living arrangements; and (c) Admits 9 or more individuals with a diagnosis of [ mental retardation ] an intellectual disability

. (37)

— (38) (text unchanged)
.11 Participant Eligibility. A. (text unchanged) B. To be eligible for services under the Home and Community Based Services Waiver for the Developmentally Disabled, a person shall: (1)

— (5) (text unchanged) (6) Be certified for an [ ICF

- MR ] ICF/IID level of care and have need for active treatment pursuant to 42 CFR §435.1009. 

## 10.09.44 Programs of All

- Inclusive Care for the Elderly (PACE)

Authority: Health

- General Article, §§2

- 104(b), 15

- 103, and 15

- 105,

Annotated Code of Maryland

.01 De finitions. A. (text unchanged) B. Terms Defined. (1)

— (13) (text unchanged) (14) “ Long

- term care facility ” means a nursing facility, intermediate care facility [

— mental retardation ] for individuals with intellectual disabilities or persons with related condi tions (ICF/IID)

, chronic hospital, tuberculosis hospital, or psychiatric hospital. (15)

— (38) (text unchanged) 

## 10.09.46 Home and Community

- Based Services Waiver for Adults with Traumatic Brain Injury

Authority: Health

- General Article, §§2

- 104(b), 15

- 103, a nd 15

- 105,

Annotated Code of Maryland
.03 Participant Eligibility. A.

— E. (text unchanged) F. Cause for Termination of a Participant ‟ s Waiver Enrollment. (1) A participant shall be disenrolled from the waiver, as of the date established by the Department, i f the participant: (a)

— (b) (text unchanged) (c) Is an inpatient for more than 30 days in a State psychiatric hospital, nursing facility, or intermediate care facility for [ people with mental retardation ] individuals with intellectual disabilities or [ other ] persons with related conditions (ICF/IID) ; (d)

— (e) (text unchanged) (2)

— (3) (text unchanged)



## 10.09.52 Service Coordination for Children with Disabilities

Authority: Health

- General Article, §§2

- 104(b), 15

- 103, and 15

- 105,

Annotated Code of Maryland

.03 C onditions for Participation. A. (text unchanged) B. Specific requirements for participation in the Program as a provider of Service Coordination for Children with Disabilities are that a provider shall: (1)

— (4) (text unchanged) (5) Maintain a file on each participant which meets the Program ‟ s requirements and which shall include: (a)

— (d) (text unchanged) (e) The following documentation for a waiver participant: (i) (text unchanged) (ii) Form for determination of eligibility for level of care in an intermedi ate care facility for the [ mentally retarded ] intellectually disabled and persons with related conditions [ (ICF

MR) ] ( ICF/IID)

— initial determination and redetermination, at least annually; (iii)

— (vii) (text unchanged) (6)

— (7) (text unchanged) C. (text unch anged) 

## 10.09.55 Living at Home Waiver Program

Authority: Health

- General Article, §§2

- 104(b), 15

- 103, 15

- 105, and 15

- 130,

Annotated Code of Maryland

.02 Definitions. A. (text unchanged) B. Terms Defined. (1)

— (20) (text unchanged) (21) Home. (a) (text uncha nged) (b) “ Home ” does not include a hospital, nursing facility, or other institution that is regulated under:

(i) (text unchanged) (ii) COMAR 10.22.03 for licensed community

- based residential facilities for individuals with [ mental retardation ] intellectu al disabilities or developmental disabilities; or

(iii) (text unchanged) (22)

— (45) (text unchanged) 

## 10.09.56 Home and Community

- Based Services Waiver for Children with Autism Spectrum Disorder

Authority: Health

- General Article, §§2

- 104(b), 15

- 103, 15

- 105 , and 15

- 130,

Annotated Code of Maryland
.05 Specific Conditions for Participation

— Residential Habilitation Services. To provide the services covered under Regulation .11 of this chapter, the provider agency shall: A.

— D. (text unchanged) E. Have on call 24 hours a day a designated supervisor for the direct care workers, who: (1) (text unchanged) (2) Meets the professional guidelines for a qualified [ mental retardation ] intellectual disabilities professional or qualified developmental disabilities professi onal; F.

— Q. (text unchanged) 

## 10.09.60 Primary Adult Care Program Eligibility

Authority: Health

- General Article, §§2

- 104(b), 15

- 102.1, 15

- 103.1, 15

- 124,

15

- 124.1, and 15

- 140, Annotated Code of Maryland

.02 Definitions. A. (text unchanged)PROPOSED ACTION ON REGULATIONS

1088

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 B. Terms Defined

. (1)

— (78) (text unchanged) (79) “ Long

- term care facility ” means a licensed chronic care hospital, rehabilitation hospital, nursing facility, institution for mental disease, or intermediate care facility [

— mental retardation ] for Individuals with Intellec tual Disabilities or persons with related conditions (ICF/IID) that provides long

- term care services. (80)

— (127) (text unchanged) C. (text unchanged)
.09 Nonfinancial Eligibility Requirements

— Residency. A.

— H. (text unchanged) I. An adult is considered in capable of indicating intent if the individual: (1)

— (2) (text unchanged) (3) Is found incapable of indicating intent based on medical documentation obtained from a physician, psychologist, or other person licensed by the State in the field of [ mental retar dation ] intellectual disabilities

. 

## 10.09.62 Maryland Medicaid Managed Care Program: Definitions

Authority: Health

- General Article, §15

- 101, Annotated Code of Maryland

.01 Definitions. A. (text unchanged) B. Terms Defined. (1)

— (83) (text unchanged) (84) “ I ndividual with a developmental disability ” means an individual who, as defined in P.L. 101

- 330, Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., has a physical or mental impairment arising before the age of 22, except for the sole diagnos is of mental disorder, that substantially limits one or more major life activities, and which may include, but is not limited to, [ mental retardation ] an intellectual disability , specific learning disabilities, head injury, epilepsy, and muscular dystrophy

. (85)

— (91) (text unchanged) (92) “ Intermediate care facility for [ the mentally retarded (ICF

MR) ] individuals with intellectual disabilities or persons with related conditions (ICF/IID) ” means a residential facility providing care and services for individ uals with [ mental retardation ] an intellectual disability or developmental disabilities, or both. (93)

— (202) (text unchanged) 

## 10.09.63 Maryland Medicaid Managed Care Program: Eligibility and Enrollment

Authority: Health

- General Article, §15

- 103(b)(3), (4)

, and (6), Annotated Code of Maryland
.01 Eligibility. A. (text unchanged) B. A recipient is not eligible for the Maryland Medicaid Managed Care Program if the recipient: (1) (text unchanged) (2) Is institutionalized in an intermediate care facility for [ mentally retarded persons ] individuals with intellectual disabilities or persons with related conditions (ICF/IID) ; (3)

— (7) (text unchanged)

.06 Disenrollment. A. (text unchanged) B. Department

- Initiated Disenrollment. The Department shall disenroll from a n MCO an enrollee: (1) (text unchanged) (2) Upon admission to an intermediate care facility for [ mentally retarded persons ] individuals with intellectual disabilities or persons with related conditions (ICF/IID) ; (3)

— (10) (text unchanged) C.

— G. (text uncha nged) 

## 10.09.69 Maryland Medicaid Managed Care Program: Rare and Expensive Case Management

Authority: Health

- General Article, §§15

- 102.1(b)(1) and 15

- 103(b)(4)(i),

Annotated Code of Maryland
.13 Preauthorization Requirements. A.

— B. (text unchanged) C. Auth orization of services shall be rescinded by the Department when: (1) The participant is admitted to a hospital, residential treatment facility, institution, nursing facility, or intermediate care facility for [ mental retardation ] individuals with intellect ual disabilities or persons with related conditions (ICF/IID) or addiction; (2)

— (4) (text unchanged) 

## 10.09.70 Maryland Medicaid Managed Care Program: Specialty Mental Health System

Authority: Health

- General Article, §15

- 103(b)(2)(i), Annotated Code of Mar yland
.06 Eligibility and Referral. A. (text unchanged) B. Eligibility. A waiver

- eligible individual is eligible for referral to the SMHS system by: (1)

— (2) (text unchanged) (3) The REM case manager or the MCO, if the individual ‟ s REM program primary care provider or MCO: (a) According to a current diagnostic and statistical manual of the American Psychiatric Association that is recognized by the Secretary, establishes a probable diagnosis of a mental disorder, other than a sole diagnosis of substance abuse or dependence, dementia, or [ mental retardation ] an intellectually disability ; and (b) (text unchanged) C.

— D. (text unchanged) 

## 10.09.79 Psychiatric Residential Treatment Facility (PRTF) Demonstration Waiver

Authority: Health

- General Article, §§2

- 104(b), 10

- 901, 15

- 103, 15

- 130.1, and

16

- 201, Annotated Code of Maryland
.03 Participant Eligibility. A.

— F. (text unchanged) G. Cause for Termination of a Participant ‟ s Waiver Enrollment. (1) A participant shall be disenrolled from the waiver, as of the date estab lished by the Department, if the participant: (a)

— (b) (text unchanged) (c) Is inpatient for more than 30 consecutive days in a hospital, psychiatric hospital, nursing facility, intermediate care facility for [ people ] individuals with [ mental retardation ] i ntellectual disabilities or [ other ] persons with related conditions (ICF/IID) , or residential treatment center; (d)

— (e) (text unchanged) (2) (text unchanged)
JOSHUA M. SHARFSTEIN, M.D.

Secretary of Health and Mental HygienePROPOSED ACTION ON REGULATIONS 1089

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

# Sub title 15 FOOD
10.15.07 Shellfish Sanitation

Authority: Health

- General Article, §§18

- 102, 21

- 211, 21

- 234, 21

- 304, 21

-

321, and 21

- 350, Annotated Code of Maryland Notice of Proposed Action

[13

- 176

- P] The Secretary of Health and Mental Hygiene proposes to amend Regulations .02 and .06 under COMAR 10.15.07 Shellfish Sanitation

. Statement of Purpose The purpose of this action is to: (1) Allow longer harvest times than currently established in regulation; (2) Specify the harvest hours in relation to harvest start time; and (3) Clarify a potential exemption for a shellfish aquaculture harvester permittee who is also a dealer.

Comparison to Federal Standards There is no corresponding federal standard to this proposed actio n.

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 imp act on individuals with disabilities.

Opportunity for Public Comment Comments may be sent to Michele A. Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410

- 767

- 6499 (TTY 800

- 735

- 2258), or email to dhmh.regs@maryland.gov, or fax to 410

- 767

- 6483. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled.

.02 Definitions. A. (text unchanged) B. Terms Defined. (1)

— (5) ( text unchanged ) (6) “ Temperature control ” means the management of the [ environmental ] temperature of shellstock by means of ice

, [ or ] mechanical refrigeration [ that is capable of lowering ]

, or other approved means necessary to lower and maintain the [ internal ] temperature of the shellstock to [ and maintaining the temperature at ] 50°F (10°C) or below.
.06 Vibrio parahaemolyticus Control. A. (text unchanged) B. Control Measures. (1) From June 1 through September 30, a shellfish aquaculture harvester permittee shall: (a)

— (b) (text unchanged) (c) Designate a single site for landing the harvested oysters; [ and ] [ (d) Deliver harvested oysters to a dealer by 10 a.m. on the day of harves t

. ] (d) Document the harvest start time, which is the time the first oysters are removed from the water, on a harvest trip record or harvest tag; and (e) Provide the harvest time record as set forth in §A(1)(d) of this regulation to a dealer on delivery. (2) From June 1 through June 30, a shellfish aquaculture harvester per

mittee shall deliver harvested oysters to a dealer by 11:30 a.m. on the day of harvest. (3) From July 1 through August 31, a shellfish aquaculture harvester permittee shall deliver harvested oysters to a dealer by 10:30 a.m. on the day of harvest. (4) From September 1 through September 30, a shellfish aquaculture harvester permittee shall deliver harvested oysters to a dealer by 12:30 p.m. on the day of harvest. [( 2) ] (5) From June 1 through September 30, a dealer may not: (a) Receive oysters harvested fro m Maryland waters [ after 10 a.m. ] : (i) After the harvest delivery times set forth in §B(2)

— (4) of this regulation; and

(ii) Without a harvest time record as set forth in §A(1)(d) of this regulation; or (b) (text unchanged) [ (3) ] (6) (text unchanged) [ (4) ] (7) To comply with [ §B(3) ] §B(6) of this regulation, a dealer shall ensure that a temperature control mechanism for cooling and storing of oysters: (a)

— (b) (text unchanged) [ (5) ] (8) A shellfish aquaculture harvester permittee who is a dealer shall [ : (a) Comply ] c omply with the requirements set forth in [ §§B(1)(a)

— (c) and (2)(b) ] §B(1)

— ( 7) of this regulation [ ; ]

. (9) The Department may except a shellfish aquaculture harvester permittee who is a dealer from the harvest delivery times set forth in §B(2)

— (4) and the receiving time set forth in §B(5)(a)(i) of this regulation if the permittee/dealer: [ (b) ] (a) [ Place ] Places harvested oysters under temperature control within 5 hours of harvest start time, which is the time the first oysters are removed from the water ; and [ (c) ] (b) [ Implement a ] Implements an HACCP plan as defined in COMAR 10.15.04 that includes the control measures necessary to ensure, document, and verify that the harvested oysters are placed under temperature control within 5 hours of harvest start time

. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene



# Subtitle 34 BOARD OF PHARMACY 10.34.03 [Inpatient] Institutional Pharmacy

Authority: Health Occupations Article, §12

- 205, Annotated Code of Maryland

Notice of Proposed Action

[13

- 178

- P] The Secretary of Health and Mental Hygiene proposes to amend Regulations .02

, .03

, .06 , and .12 and adopt new Regulation .17 under COMAR 10.34.03 Institutional P harmacy . This action was considered by the Board of Pharmacy at a public meeting held on February 20, 2013, notice of which was given by publication on the Board of Pharmacy website, http://dhmh.maryland.gov/pharmacy/SitePages/Home.aspx, from February 1, 2 013, through February 20, 2013, pursuant to the State Government Article, §10

- 506(c), Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to address the numerous decentralized pharmacies that exist within hospitals that are oper ating under one hospital pharmacy permit. The Board has concerns that many times these outlying pharmacy areas, or decentralizedPROPOSED ACTION ON REGULATIONS

1090

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 pharmacies, are not inspected since there is no way the Board would know that they exist. Additionally, many of the outlying ph armacy areas actually function as independent pharmacies. The revisions require separate licensure for pharmacy areas not located in the same building or pavilion as the main hospital pharmacy, include definitions for a “ decentralized pharmacy ” and “ pavili on ” , and include specific requirements for decentralized pharmacies located in hospitals.
Comparison to Federal Standards There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact I. Summary of Economic Impact. The ec onomic impact of this proposal depends on the number of pharmacies located on a hospital campus that do not qualify to be decentralized pharmacies. For smaller hospitals there would be no impact. For larger hospitals spread over a large campus with numerou s pavilions or buildings, the impact may be the requirement of several new pharmacy permits at $700 for initial licensure of each new pharmacy. The renewal fee for these pharmacies is $600 every 2 years. The cost of this licensure is offset by the increase d protection to the public as the Board regulates and inspects these pharmacies, over which, up until recently, the Board did not have oversight.

Revenue (R+/R

- ) II. Types of Economic Impact. Expenditure (E+/E

- ) Magnitude

A. On issuing ag ency: (R+) Minimal

(E

- ) Minimal
B. On other State agencies: (E

- ) Minimal
C. On local governments: NONE

Benefit (+) Cost (

- ) Magnitude

D. On regulated industries or trade groups: (

- ) $700 per pharmacy, $600 biennial renewal
E. On other industries or trade groups: NONE
F. Direct and indirect effects on public: (+) Indeterminable III. Assumptions. (Identified by Impact Letter and Number from Section II.) A. As hospitals license pharmacies that do not qualify to be decentralized pharma cies, the hospital will incur an initial licensure fee of $700 per pharmacy. The renewal every two years is $600. This may have a slight revenue increase for the Board depending on the number of pharmacies that are identified for licensure; however, it wil l be offset by expenditures incurred by the Board for additional pharmacies required to be annually inspected. B. Some State hospitals may be required to acquire licenses for pharmacies on their campuses that do not qualify to be decentralized pharmacies. The Office of Health Care Quality received the proposal for informal comment. D. Hospitals will be required to acquire licenses for pharmacies on their campuses that do not qualify to be decentralized pharmacies. The cost to license each pharmacy is $7 00 for the initial licensure. There is also a $600 biennial renewal fee. The cost would depend on the number of pharmacies located in other pavilions. F. This proposal would have a positive effect on the public as it ensures that all pharmacies located on a hospital campus meet State regulations and are routinely inspected to protect the public.

Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities The propose d action has no impact on individuals with disabilities.

Opportunity for Public Comment Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 W. Preston Street, Room 51 2, Baltimore, Maryland 21201, or call 410

- 767

- 6499 (TTY 800

- 735

- 2258), or email to dhmh.regs@maryland.gov, or fax to 410

- 767

- 6483. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled.

.02 Definitions. A. (text unchange d) B. Terms Defined. (1) “ Decentralized pharmacy ” means an institutional pharmacy which provides services for the population of an institutional facility and is: (a) Dependent on another institutional pharmacy for: (i) Administrative control; (ii) Staff ing with a licensed pharmacist physically available on site in the decentralized pharmacy to supervise the performance of delegated pharmacy acts; and

(iii) Drug procurement; and (b) Located in the same building or pavilion as the other institutional phar

macy. (1

- 1) “ Direct supervision ” means that a licensed pharmacist is physically available to supervise the performance of delegated pharmacy acts. [ (1) ] (1

- 2) (text unchanged) (2)

― (10) (text unchanged) (11) “ Medication order ” means a patient

- specific order entered on the chart or a medical record of a patient by an authorized prescriber or the authorized prescriber ‟ s designee for a drug or device that is transmitted in writing, ver

bally or by electronic means and includes the: (a)

― (g) (text unchanged) (h) Signature , if appropriate, of an: (i)

― (ii) (text unchanged) (12) (text unchanged) (12

- 1) “ Pavilion ” means a detached or semidetached part of a hospital devoted to a special use. (13)

― (17 ) (text unchanged)

.03 Issuance of Permits. A. An [ inpatient ] institutional pharmacy shall obtain required permits in compliance with State and federal laws and regulations

. B. An institutional pharmacy shall: (1) Staff a pharmacist at each decen tralized pharmacy site within the building or pavilion in which it is located; and (2) List decentralized pharmacy sites within the building in which it is located, on the initial application, or on the renewal application; C. A decentralized pharmacy t ha t meets the definition as set forth in this chapter may operate under the same permit as the institutional phar mac y located in the same building or pavilion.PROPOSED ACTION ON REGULATIONS 1091

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 D. If full service pharmacy services are provided to discharge patients, employees, clinic patient s, or others, an institutional pharmacy shall obtain a full service pharmacy permit. E. Any other ph armacy that does not meet the requirements of a decentralized pharmacy and is located on the campus or affiliated with an institutional pharmacy shall be se parately licensed.
.06 Security. A. ―B. (text unchanged) C. Security Requirements. Entry into an [ inpatient ] institutional pharmacy area where prescription drugs or devices are held shall be limited to authorized personnel under a pharmacist ‟ s direct supervision. D. An [ inpatient ] instituti onal pharmacy shall be equipped with: (1)―(7) (text unchanged)
.12 Drug Dispensing

— Prescribers ’ Orders. A. (text unchanged) B. Documentation. (1)

― (2) (text unchanged) (3) The director of pharmacy or designee shall ensure that authorized personnel have access to patient information necessary for drug monitoring including the patient ‟ s: (a)

― (f) (text unchanged) (g) Pregnancy and lactation status; [ and ] (h) Vaccination status ; and (i) Name

. .17 Requirements for a Decentralized Pharmacy. A

. A decentrali zed pharmacy is subject to: (1) Health Occupations Article, Title 12, Annotated Code of Maryland; (2) This subtitle ; and (3) Other applicable State and federal laws and regulations. B. A decentralized pharmacy shall ensure that a licensed pharmacist is i mmediately available on the premises of the decentralized pharmacy to: (1) Supervise pharmacy operations; and (2) Provide the final check for preparing medication orders for administration in the institutional facility. C. Notwithstanding §B of this regula tion, a pharmacist assigned to a decentralized pharmacy may leave the decentralized pharmacy for a short period of time to perform pharmaceutical care functions in the institutional facility. D. A director of pharmacy of the institutional pharmacy shall b e responsible for pharmacy operations involving a decentralized pharmacy, including direct supervision of decentralized pharmacy personnel by a pharmacist and compliance with this chapter. E. A pharmacy department may store prescription medications and ove r the counter medications that are approved for use by the institutional pharmacy as required for the treatment of patients in the nursing unit served by the decentralized pharmacy. F. An institutional pharmacy and the decentralized pharmacy shall have sh ared common electronic files or appropriate technology to allow access to sufficient information necessary or required to process functions required for the care of patients within the service area of the decentralized pharmacy. G. A decentralized pharmacy shall have a pharmacist physically located at the decentralized pharmacy to directly supervise pharmacy technicians and pharmacy technician trainees during hours of operation. H. An institutional pharmacy shall notify the Board in writing within 14 days o

f a change of location, discontinuance of service, or closure of a decentralized pharmacy. I. Security. (1) In addition to the security requirements outlined in COMAR 10.34.05, a decentralized pharmacy shall have adequate security and procedures to: (a) P rohibit unauthorized access; (b) Comply with federal and State regulations; and (c) Maintain patient confidentiality. (2) Access to the decentralized pharmacy shall be limited to pharmacists, pharmacy technicians, and pharmacy technician trainees employed by the institutional pharmacy, and other personnel authorized by the director of pharmacy.
JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene


# Title 14 INDEPENDENT AGENCIES

Subtitle 26 MARYLAND ENERGY ADMINISTRATION 14.26.04 Clean Energy Grant Program

Authority: State Government Article, §9

- 20B

- 01 et seq., Annotated Code of Maryland

Notice of Pr oposed Action

[13

- 175

- P] The Maryland Energy Administration proposes to amend Regulations .02

, .09 , and .11 , repeal existing Regulations .01 and .03

— .0 7 , and adopt new Regulations .01

, .03

— .0 7

, and .12 under COMAR 14.26.04 Clean Energy Grant Program

.

Stat ement of Purpose The purpose of this action is to establish and implement the Clean Energy Grant Program, a comprehensive grant program that is a part of the Administration ‟ s Strategic Energy Investment Program. The program offers to reimburse homeowners, business owners, local governments, and nonprofit organizations located in Maryland for a portion of the cost of purchasing, leasing, and installing eligible clean energy technologies or systems that convert renewable energy resources into electric energy, or thermal energy (i.e., heating, cooling, steam, or hot water) or use renewable fuels (i.e., solid, liquid, or gaseous fuels from renewable resources) to meet the energy demands of Maryland ‟ s homes and buildings.

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 Indi viduals with Disabilities The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment Comments may be sent to Fred Hoover, Director, Clean Energy, Maryland Energy Administration, 60 West Street, Ste. 300 Annapolis, MD 21401, or call 410

- 260

- 7655, or email to fhoover@energy.state.md.us, or fax to 410

- 974

- 2250. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled.PROPOSED ACTION ON REGULATIONS

1092

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 .01 Purpose and Scope. This chapter establishes and implements the Clean Energy Grant Program, a comprehensive grant program that is part of the Administration ’ s Strategic Energy Investment Program authorized under State Government Article, §9

- 20B

- 01 et seq., Annotated Code of Maryland. The Program replaces regulations issued pursuant to State Government Article, §§9

- 2007 and 9

- 2008, Annotated Code of Maryland, for solar and geothermal grants. The program offers to reimburse homeowners, business owners, State and local governments, and nonprofit organizations located in Marylan d for a portion of the cost of purchasing, leasing, and installing eligible and qualified clean energy technologies or systems that convert renewable energy resources into electric energy, thermal energy (i.e., heating, cooling, steam, or hot water), or us e renewable fuels (i.e., solid, liquid, or gaseous fuels from renewable resources) to meet the energy demands of Maryland ’ s homes and buildings.

.02 Definitions. A. (text unchanged) B. Terms Defined. (1) (text unchanged) [ (2) “ Applicant ” means a business, individual, or local government that has applied for a grant through the Solar Energy Grant Program. (3) “ Business ” means a for

- profit or not

- for

- profit business that is registered to do business in, or physically located in, the State of Maryland. (4) “ In dividual ” means a natural person who is a resident of the State of Maryland according to COMAR 03.04.02.01. (5) “ Installation contractor ” means the entity that is contracted by the Applicant to install photovoltaic property, solar water heating property, o r both. (6) “ Local government ” means a political subdivision of the State of Maryland. (7) “ National testing laboratory ” means a public or private entity recognized by industry, businesses, trades, or government as establishing operational or safety requir ements for products, processes, or equipment manufactured, sold, or distributed to the public. (8) “ Nonresidential property ” is property whose primary purpose is not to serve as a residence. (9) “ Photovoltaic property ” means solar energy property that: (a) Uses a solar photovoltaic process to generate electricity; and (b) Meets the applicable performance and quality standards and certification requirements as specified in Regulation .07 of this chapter. (10) “ Program ” means the Solar Energy Grant Program. ( 11) “ Residential property ” is property whose primary purpose is to serve as a residence and is the Applicant ‟ s primary residence. (12) Solar Energy Property. (a) “ Solar energy property ” means equipment that meets performance and certification standards spe cified in Regulation .06 and uses solar energy to:

(i) Generate electricity; (ii) Heat or cool a structure or provide hot water for use in a structure; or

(iii) Provide solar process heat. (b) “ Solar energy property ” does not include a swimming pool, hot t ub, or any other energy storage medium that has a primary function other than storage. (13) “ Solar water heating property ” means solar energy property that: (a) When installed in connection with a structure, uses solar energy for the purpose of providing h ot water for any use, except for those specifically excluded, within the structure; and (b) Meets performance and quality standards and certification requirements as specified in Regulation .06 of this chapter. ] (2) “ Applicant ” means an eligible home owner , business

owner, State or local government, or nonprofit organization that has applied for a Clean Energy Grant. (3) “ Business ” means a for

- profit organization that is registered to do business in, or physically located in, the State of Maryland, and is in good standing with the Department of Assessments and Taxation. (4) Clean E

nergy Conversion Technologies and Systems. (a) “ Clean e nergy c onversion t echnologies and s ystems ” means commercially available, eligible

, and qualified technologies and systems that convert renewable energy resources into electric or thermal energy for use in a home or building. (b) “ Clean e nergy c onversion te chnologies and s ystems ” includes but is not limited to:

(i) Solar electric (photovoltaics) technologies that
convert sun shine into electricity;

(ii) Solar electric/thermal technologies that convert sunshine into electricity, hot water, or steam;

(iii) Solar thermal generation technologies that convert sunshine into electricity;

(iv) Wind technologies that convert wind in to electricity; (v) Geothermal heating and cooling technologies that convert thermal energy stored in the earth into heating, cooling, or hot water; (vi) Bioenergy technologies that convert biomass and/or solid wastes into electricity, hot water or steam ;

(vii) Energy systems that utilize biofuels, synthetic gas, or similar renewable resources to provide heat or electricity to eligible buildings or homes; and

(viii) Other technologies that convert other renewable or clean sources of energy that the Admi nistration determines are affordable and reliable means of serving a local load for a home or building. (5) “ Clean Energy Grant ” means an amount of money determined by the Administration and offered to assist homeowners, business owners, local governments , and nonprofit organizations to purchase or lease, and then install, eligible and qualified clean energy conversion technologies and systems to provide clean, renewable energy directly to residential and nonresiden tial buildings, or commercial, State, or local government facilities located in Maryland. (6) “ Fund ” means the Strategic Energy Investment Fund and the portfolio of programs administered by the Administration under the provisions of State Government Article, §9

- 20B

- 05, Annotated Code of Maryland

. (7) “ Homeowner ” means an individual or individuals that hold legal or equitable title to a residential property located in Maryland that meets the eligibility criteria for a Clean Energy Grant. (8) “ Installation contractor ” means a business under contr act with an individual, another business, a nonprofit organization, or a unit of local government for the installation of a purchased and/or leased c lean e nergy c onversion t echnology or s ystem that meets the eligibility criteria established by these regula tions. (9) “ Local government ” means a political subdivision of the State of Maryland. (10) “ Mixed use facility ” means a building containing one or more residential units and one or more commercial units. (11) “ Nonprofit organization ” means a legal entit y which is exempt from taxation under the applicable provisions of the Internal Revenue Code of 1986. (12) “ Nonresidential property ” means property whose primary purpose is not to serve as a residence.PROPOSED ACTION ON REGULATIONS 1093

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 (13 ) “ Primary residence ” means an applicant ’ s princi pal place of habitation. (14 ) “ Project ” means an assemblage of interconnected clean energy conversion components or technologies that operate in a coordinated manner, which may or may not be connected to a power distribution grid. (15 ) “ Project configurat ion ” means the manner in which a

c lean e nergy c onversion t echnology or s ystem is designed, sized, configured, and installed to serve eligible buildings and facilities. (16 ) Residential Property. (a) “ Residential property ” means property whose primary
purp ose is to serve as either a single

- family or multifamily residence. (b) “ Residential property ” includes a property with a home office.
.03 Legal Provisions Governing Clean Energy Grants. A. To the extent that the Clean Energy Grant Program is funded by t he Fund with monies derived by the sale of allowances under the Regional Greenhouse Gas Initiative, the provisions and limitations applicable to the Strategic Energy Investment Program and the Fund, as set forth in State Government Article, §9

- 20B

- 05, Anno tated Code of Maryland, apply to a Clean Energy Grant issued under this chapter. B. Should there be an additional source of funding from other government or private sources, additional conditions may be imposed by the funding source and affect the terms a nd conditions of a Clean Energy Grant. C. All grants are awarded on a discretionary basis and sha ll be awarded based on the Administration ’ s judgment of an applicant ’ s eligibility, the merits of the proposal, funding availability, and the State ’ s policy g oals.
.04 Eligible Grantees. Clean Energy Grants are available for: A. An owner of a residential property which: (1) Is located in Maryland; and (2) Is the primary residence of the applicant at the time of application; B. A business that is: (1) Regi stered to do business in, or physically located in, the State of Maryland; and (2) In good standing with the Maryland State Department of Assessments and Taxation; C. A State or local government or unit of a local government; D. A Maryland

- based nonprof it entity if the grant is to be used for facilities located in Maryland; and E. An installation or leasing contractor that is: (1) Registered to do business in the State; and (2) Under contract with an eligible grant applicant to install qualifying clea n energy technology on the applicant ’ s eligible property. .05 Eligible and Ineligible Properties. A. The following properties are eligible for a Clean Energy Grant: (1) A single

-

family home that is: (a) The primary residence of the applicant, and (b) L ocated within the physical boundaries of the State of Maryland; (2) A multifamily residence that is: (a) Owned by a Maryland resident or business; and (b) Located in Maryland; and (3) A commercial property including a building, multifamily building, mix ed

- use facility, and real property that is located within the physical boundaries of the State of Maryland, and is: (a) Owned by a Maryland resident; (b) Owned or leased by a State, county, or city government;

or (c) Owned by a nonprofit organization. B. The following properties are ineligible for a Clean Energy Grant: (1) A property of any type whose ownership share by a trust or estate except properties that are the primary residence of a grantor of a revocable trust who has the right to revoke the t rust; (2) A second home or recreational property; (3) A property being leased by the applicant, unless the homeowner is an eligible co

- applicant; (4) A property primarily used or intended to be used, for the generation of electricity or heat in a merchan t, non

- net metered application for resale; and (5) A residential property whose clean energy conversion technology or system is leased or otherwise not owned by the homeowner. C. Multiple projects on contiguous parcels of property shall be considered one p roject for consideration of eligibility for a Clean Energy Grant. D. A project shall not receive more than one grant.
.06 Eligibility Criteria for Technologies and Systems. A. To be eligible for a residential Clean Energy Grant, a clean energy conversion technology and system shall be installed in a residential project on an eligible home. B. To be eligible for a commercial Clean Energy Grant, a clean energy conversion technology and system shall be i nstalled in a commercial project on an eligible commerci al or institutional property. C. To be eligible for a Clean Energy Grant, a clean energy conversion technology and system shall: (1) Be installed in a standalone project that has not previously received a Clean Energy Grant; (2) Meet a minimum size of 1 kW (e); (3) Meet all applicable safety and technical standards; and (4) Where required, be approved or certified by a recognized national testing laboratory. D. In accordance with the Administration ’ s Notice of Grant Availability issued pursuant to Regulatio n .07 of this chapter, the Administration may vary the criteria and dollar value of each technology or system Clean Energy Grant as necessary to maximize the use of available funds and to attain maximum benefit from the monies being spent from the Fund. E . The Administration may restrict the number and dollar value of each technology or system Clean Energy Grant by various limiting factors such as: (1) Type of application; (2) Fiscal year; (3) Type of c lean e nergy c onversion t echnology or s ystem; (4) T ype of property; (5) Project configuration; (6) Project ownership; or (7) Commercial availability.
.07 Notice of Grant Availability. A. The Administration shall issue a notice of grant availability which shall set the amount of funding for each categor y of grant to be offered in a grant cycle. B. A grant cycle shall be set at least once prior to the beginning of each fiscal year or as soon as practicable thereafter, based on available funding and annual funding priorities. C. The Administration shall pu blish a notice in eMaryland Market Place, the Maryland Register, and other media to develop widest dissemination.PROPOSED ACTION ON REGULATIONS

1094

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 .09 Grant Approval Process. A. For applications for recognized, clean energy conversion technologies, the Administration shall: (1) (text unch anged) (2) Determine whether the applicant is eligible to receive a grant, and the proposed technology and installation meets the requirements the [ Clean Energy Grant Program Manager ] Administration has established for grant eligibility. B. Evaluating Inno vative Clean Energy Conversion Technologies and Systems. (1)

— (4) (text unchanged) (5) Should the Administration determine that a proposal is ineligible for award in whole or in part , it [ will ] shall make its determination in writing and set forth the fact ors and reasons why it deems the proposal ineligible. (6) (text unchanged) C. If it approves the application, the Administration shall [ notify the Applicant in writing and ] process the grant for payment in accordance with applicable accounting and payment requirements. [ D. If a grant is disapproved in whole or in part, the Administration shall notify the Applicant in writing, giving the reasons for its decision ] [ E

. ] D. (text unchanged)
.11 Applicant Responsibilities. A.

— B. (text unchanged) C. Gr ant applic ants and recipients [ will ] shall allow Administration representatives direct access to Clean Energy Conversion Technologies and Systems for which the applicants are requesting or have received Clean Energy Grants for the purposes of verifying all claims an d representations. D. (text unchanged)

.12 Performance Standards and Certification Requirements. A. The Administration may not: (1) Approve grants for photovoltaic systems property equipment and solar water heating property equipment that do not meet na tional safety or performance standards for the type of equipment described in the standards of a nationally recognized testing laboratory; (2) Approve projects that are not in compliance with State and local laws and ordinances; (3) Approve projects by i nstallation contractors who are not registered to do business in Maryland; or (4) Approve photovoltaic projects that: (a) Are installed on or after July 1, 2014 by installation contractors who do not maintain at least one staff member with a North Americ an Board of Certified Energy Practitioners ( “ NABCEP ” ) installation certification; or (b) Are installed by installation contractors with at least 50 employee that do not maintain at least one staff member with a NABCEP Installation Certification for every 25 non

- administrative employees, except if the installation contractor has been registered to do business in Maryland for less than 12 months prior to the submission of an application for a grant. B. An installation contractor that falls out of complianc e with a certification requirement set forth in §A(4) of this regulation due to the departure of a key employee shall be exempted from compliance with the certification requirement for a period of 6 months in order to allow for replacement of the lost cert ification.

ABIGAIL ROSS HOPPER

Director Maryland Energy Administration 

# Title 27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

Subtitle 01 CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT
27.01.09 Habitat Protection Areas in the Critical Area

Authority: Natural Resources Article, §8

- 1806, Annotated Code of Maryland.

Notice of Proposed Action

[13

- 179

- P] The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays proposes to amend Regulation .01 under COMAR 27.01.09 Habitat Protec tion Areas in the Critical Area . This action was considered by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays at an open meeting held on May 1, 2013, pursuant to State Government Article, §10

- 506(c), Annotated Code of Maryland.
Statement of Purpose The purpose of this action is to amend the applicability language to require an applicant proposing a shore erosion control project to submit to the Maryland Department of the Environment (MDE) a buffer management plan when a lot is in a mapped modified buffer area (MBA). The recently updated MDE regulations require a buffer management plan to be submitted at the time of application to MDE for non

- MBA lots. This amendment proposes to include MBA lots. The amendments also clarify that e xpansion of a 200

- foot buffer is required when it is adjacent to contiguous sensitive areas such as steep slopes, hydric soils, and highly erodible soils.

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 Lisa Hoerger, Regulations Coordinator, Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, 1804 West Street, Suite 100, Annapolis, MD 21401, or cal l 410

- 260

- 3478, or email to lhoerger@dnr.state.md.us, or fax to 410

- 974

- 5338. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled.PROPOSED ACTION ON REGULATIONS 1095

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 .01 Buffer. A.

— C. (text unchanged) D. Authority of Secretary; Scope; Alternative Proce dures and Requirements. (1) (text unchanged) (2) [ The ] Except for a shore erosion control project in a modified buffer area, the provisions of [ Regulations .01

- 1 ] this regulation through Regulation .01

- 7 of this chapter do not apply [ to an area of the bu ffer that is designated as ] within a modified buffer area under Regulation .01

- 8 of this chapter. (3) (text unchanged) E. Buffer Standards. (1)

— (2) (text unchanged) (3) Except for the [ minimum ] buffer widths under [ §E(5)

— (8) ] §E(5)

— (7) of this regulati on and based on existing field conditions, a local jurisdiction shall require the [ delineation ] measurement of a buffer of at least 100 feet landward from: (a)

— (c) (text unchanged) (4) To calculate the [ minimum ] buffer widths under [ §E(5)

— (8) ] §E(5)

— (7) of this regulation, a local jurisdiction shall require the measurement of the buffer landward from the points specified under §E(3) of this regulation. (5) [ Except as provided under §E(6) of this regulation, and in accordance with §E(3) of this regulation , if ] If a local jurisdiction grants final local approval for a subdivision or a site plan in the Resource Conservation Area on or after July 1, 2008, the local jurisdiction shall [ establish ] require : (a) [ An expanded buffer in accordance with §E(7) and ( 8) of this regulation; and (b) ] A buffer of at least 200 feet from tidal waters or a tidal wetland ; and (b) An expanded buffer in accordance with §E(7) of this regulation

. (6) The provisions of [ §E(5)(b) ] §E(5)(a) of this regulation do not apply if: (a)

— (b) (text unchanged) (c) A local program procedure approved by the Commission provides for the reduction of the strict application of [ the minimum ] a 200

- foot buffer under [ §E(5)(b) ] §E(5)(a) of this regulation if [ that minimum ] a 200

-

foot buffer would pr eclude a subdivision of the property at a density of one dwelling unit per 20 acres or an intra

family transfer authorized under Natural Resources Article, §8

- 1808.2, Annotated Code of Maryland. (7) If a buffer is contiguous to a steep slope, a nontidal w etland, a nontidal wetland of special State concern under COMAR 26.23.06.01, a hydric soil, or a highly erodible soil, a local jurisdiction shall expand the [ minimum ] buffer width required under §E(3) or [ (5) ] (5)(a) of this regulation and shall calculate the extent of that expansion in accordance with the following requirements: (a)

— (c) (text unchanged) (d) A highly erodible soil on a slope less than 15 percent or a hydric soil, to the lesser of:

(i) (text unchanged) (ii) 300 feet, including the [ minimum ] buffer width required under §E(3) or [ (5) ] (5)(a) of this regulation. (8) If a buffer is contiguous to a hydric soil or to a highly erodible soil on a slope less than 15 percent and that buffer is located on a lot or parcel that was created before Janua ry 1, 2010, a local jurisdiction may authorize a development activity in the expanded buffer [

, ] if: (a) The location of the development activity is in the expanded portion of the buffer [ for a highly erodible soil on a slope less than 15 percent or a hydr ic soil, ] but not i n the [ 100

- foot ] buffer required under §E(3) of this regulation ; (b) The buffer [ , including expansion for a highly erodible soil on a slope less than 15 percent or a hydric soil, ] occupies at least 75 percent of the lot or parcel; and (c) (text unchanged)

MARGARET G. McHALE Chair Critical Area Commission for the Chesapeake and Atlantic Coastal Bays


# Title 33 STATE BOARD OF ELECTIONS

Subtitle 04 INSPECTION AND COPYING OF PUBLIC RECORDS
33.04.01 In General

Authority: Election Law Article, §§2

- 102(b)(4)

, [ and ] 3

- 204.1, and 3

- 506(a)(2); State Government Article, §§10

- 613(b), 10

- 615(2)(i), and 10

- 621;

Annotated Code of Maryland Notice of Proposed Action

[13

- 171

- P] The State Board of Elections proposes to amend Regulation .02 under COMAR 33.04.01 In General . This action was considered by the State Board of Elections at its May 23, 2013, meeting, no tice of which was given in accordance with State Government Article, §10

- 506(c), Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to amend the definition of “ personal identification number ”

.

Comparison to Federal Standards Th ere 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 Nikki Baines Charlson, Director, Election Management & Reform, State Board of Elections, P.O. Box 64 86, Annapolis MD 21401

- 0486, or call 410

- 269

- 2843, or email to nikki.charlson@maryland.gov, or fax to 410

- 974

- 2019. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled.

.02 Definitions. A. (text unchanged) B. Terms De fined. (1)

— (5) (text unchanged) (6) Personal Identification Number. (a) “ Personal identification number ” means: (i) The Motor Vehicle Administration (MVA) identification number of an individual having a Maryland driver ‟ s license or an MVA identificatio n card; [ or ]PROPOSED ACTION ON REGULATIONS

1096

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013

(ii) The date the MVA issued a Maryland driver ’ s license or an MVA identification card; or

[ (ii) ] (iii) (text unchanged) (b) (text unchanged) (7) (text unchanged)

LINDA H. LAMONE State Administrator of Elections



# Subtitle 05 VOTER REGISTRATION

Notice of Proposed Action

[13

- 170

- P] The State Board of Elections proposes to: (1) Amend Regulation .02 under COMAR 33.05.01 Definitions; General Provisions ; (2) Amend Regulation .02 , adopt new Regulation .03 , amend and recodify existing Regulations .03 and .04 to be Regulations .04 and .05 , and recodify existing Regulation .05 to be Regulation .06 under COMAR 33.05.02 Voter Registration Applications ; (3) Amend Regulations .01 and .03 under COMAR 33.05.03 Dissemination of VRA Forms ; and (4) Amend Regulation .03 under COMAR 33.05.04 Processing VRAs and Other Reques ts

. This action was considered by the State Board of Elections at its May 23, 2013, meeting, notice of which was given in accordance with State Government Article, §10

- 506(c), Annotated Code of Maryla nd.
Statement of Purpose The purpose of this action is to define certain terms, define requirements for the online submissions of voter registration information and electronic transfer of data from another State agency, and define what constitutes a signa ture for online submissions.

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 Nikki Baines Charlson, Director, Elec tion Management & Reform, State Board of Elections, P.O. Box 6486, Annapolis MD 21401

- 0486, or call 410

- 269

- 2843, or email to nikki.charlson@maryland.gov, or fax to 410

- 974

- 2019. Comments will be accepted through July 29, 2013. A public hearing has not bee n scheduled.



## 33.05.01 Definitions; General Provisions

Authority: Election Law Article, 2

- 102(b)(4), 2

- 202(b), [and] 3

- 101, and 3

-

204.1, Annotated Code of Maryland

.02 Definitions. A. (text unchanged) B. Terms Defined. (1) “ Absent uniformed services vo ter ” has the meaning stated in 42 U.S.C. §1973ff

- 6. [ (1) ] (2)

— [ (4) ] (5) (text unchanged) [ (5) ] (6) “ Motor vehicle voter registration application (MVRA) ” means the voter registration application [ form ] that the State Board has approved for use by the MVA. [ (6) ] (7) (text unchanged) (8) “ Online voter registration system ” means the State Board ’ s online system that allows an individual to electronically: (a) Apply to become a registered voter; or (b) Change the individual ’ s name, address, or party affiliation in the individuals ’ existing voter registration record. (9) “ Overseas voter ” has the meaning stated in 42 U.S.C. §1973ff

- 6. [ (7) ] (10) Statewide Voter Registration Application. (a) “ Statewide voter registration application (Statewide VRA) ” means the voter registration application [ form ] that the State Board has prescribed for Statewide use. (b) The Statewide VRA may be a paper form or an online submission using the State Board ’ s online voter registration system. (11) “ Uniformed services ” has the meaning stated in 42 U.S.C. §1973

- ff

- 6. [ (8) ] (12)

— [ (10) ] (14) (text unchanged)



## 33.05.02 [ Forms ] Voter Registration Applications

Authority: Election Law Article, 2

- 102(b)(4), 2

- 202(b), 3

- 101, [ and ] 3

- 202,

and 3

- 204.1, Annotated Code of Maryland

.02 Paper Statewi de VRA

— C ontents. A. Required Contents. Every paper Statewide VRA shall: (1)

— (7) (text unchanged) B. Required Notification. The following information shall be made available to each applicant who is completing a paper Statewide VRA: (1)

— (4) (text unchan ged) (5) A statement that, except for an applicant ‟ s full Social Security number or MVA identification number, voter registration records are generally available for public inspection and may be shared with jury commissioners, clerks, or other government agencies as provided by law, and that use of voter registration [ records ] lists for commercial solicitation purposes is prohibited; and (6) (text unchanged) C. (text unchanged)
.03 Online Submission of the Statewide VRA

— Contents. A. Authentication. (1) T he online voter registration system shall authenticate each applicant. (2) Except as provided in § A (3) of this regulation, each applicant shall enter: (a) The applicant ’ s Maryland driver ’ s license or MVA identification card number; (b) The date the applic ant ’ s driver ’ s license or identification card was issued; and (c) The last four digits of the applicant ’ s Social Security number

. (3) If an applicant is an absent uniformed services voter or an overseas voter who does not have a Maryland driver ’ s license o r MVA identification card number, the applicant shall enter the last four digits of the applicant ’ s S ocial S ecurity number. (4) The online voter registration system shall immediately verify the information required in §A(2) of this regulation with informat ion on file with MVA

. (a) If the MVA verifies the information, the applicant may submit the Statewide VRA via the online voter registration system. (b) If the MVA cannot verify the information, the applicant shall submit the paper Statewide VRA.PROPOSED ACTION ON REGULATIONS 1097

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 B. Requi red Contents. The State Board ’ s online voter registration system shall: (1) Include fields for the applicant to: (a) Enter the information required by COMAR 33.05.04.03A; (b) Designate a party affiliation; (c) If the applicant has a current and valid Mar yland driver ’ s license or MVA identification card, provide the MVA identification number and the date MVA issued the current license or identification card; and (d) Provide the last four digits of the applicant ’ s Social Security number. (2) State the effe ct that a party affiliation designation will have on the ability to vote in primary elections; (3) State the penalties for the submission of a false application; (4) Require the applicant to affirmatively consent to use, as the applicant ’ s signature for the Statewide VRA: (a) The electronic copy of the applicant ’ s signature that is on file with MVA; or (b) If the applicant is an absent uniformed services voter or an overseas voter who does not have a Maryland driver ’ s license or MVA identification card number, the applicant ’ s last four digits of the applicant ’ s Social Security number. (5) Require the applicant to swear or affirm, subject to the penalties of perjury, that the: (a) Information entered by the applicant is true to the best of the applicant ’ s knowledge, information, and belief; and (b) Applicant meets all the qualifications to become a registered voter. C. Required Notification. The online voter registration system shall include a link to: (1) The qualifications to become a registered voter ; and (2) A statement that, except for an applicant ’ s MVA identification number, voter registration records are generally available for public inspection and may be shared with jury commissioners, clerks, or other government agencies as provided by law, an d that use of voter registration lists for commercial solicitation purposes is prohibited. D. Prohibited Matters. The online submission of the Statewide VRA may not require: (1) Notarization or other formal authentication; or (2) Any additional informati on, other than the information necessary to enable election officials to: (a) Determine the eligibility of the applicant; and (b) Administer voter registration and other parts of the election process.

[ .03 ] .04 Paper Version of the Statewide VRA

— Product ion and Cost. A. In General. The State Board shall design and produce the paper Statewide VRA. B.

— C. (text unchanged)

[ .04 ] .05 MVRA. A.

— B. (text unchanged) C. The State Board shall provide language for [ the ] any [ voter registration application ] appli cation related to voter registration [ portion of the MVA change of address form and the Call Center voter registration form used by the MVA Customer Service Center and shall approve the forms ] before MVA may use or distribute [ them ] the application

. 

## 33. 05.03 Dissemination of VRA Forms

Authority: Election Law Article, §§2

- 102(b)(4), 2

- 202(b), 3

- 101, 3

- 203, [ and ]

3

- 204, and 3

- 204.1, Annotated Code of Maryland
.01 Responsibilities of Election Officials. A. (text unchanged) B. Services to Be Provided. (1 ) Each local board office shall: (a) (text unchanged) (b) [ If it has an Internet web site, provide ] On its website,
p rovide a link to [ that portion of the State Board web site where the Statewide VRA is posted ] the State Board ’ s online voter registration system ; (c)

— (e) (text unchanged) (2) For peak periods, local boards are encouraged to: (a) Use an automatically answered telephone service that provides 24

- hour access, [ notifies ] informs callers that [ VRAs are available on

- line ] individuals can regist er to vote online at SBE ’ s website , and allows an individual to leave a name and mailing address, email address, or facsimile number to which a VRA shall be sent; and (b) (text unchanged) (3) (text unchanged) C. (text unchanged)
.03 MVA Registration. A. (text unchanged) B. Receipt and Forwarding of VRAs. (1) Paper MVRA. (a) When [ an ] a paper MVRA is completed and returned to the MVA, the MVA shall stamp the MVRA with the date received. [ (2) ] (b) Within 5 days after receiving the paper MVRA, the MVA shall forward the paper MVRA to the appropriate local board office. If the MVRA indicates that the applicant is currently registered to vote in Maryland and has moved, the MVA shall forward the MVRA to the local board office in the county where the

curren t address is located. (2) Electronic MVRA. (a) When an electronic MVRA is completed, the MVA shall electronically forward to the State Board the MVRA and the applicant ’ s digitized signature. (b) The MVA shall forward to the State Board all newly receive d MVRAs and the applicants ’ digitized signatures daily. C. (text unchanged)



## 33.05.04 Pro cessing VRAs and Other Requests

Authority: Election Law Article, §§2

- 102(b)(4), 2

- 202(b), 3

- 101, 3

- 204.1, and 3

- 301

— 3

- 304, Annotated Code of Maryland; 42 U. S.C. 15483(b)(2)
.03 Required Information. A. (text unchanged) B. Signatures. (1)

— (3) (text unchanged) (4) For the online submission of the Statewide VRA, a signature for an absent uniformed services voter or an overseas voter is the individual ’ s las t four digits of the individual ’ s Social Security number. C.

— D. (text unchanged)

LINDA H. LAMONE State Administrator of ElectionsPROPOSED ACTION ON REGULATIONS

1098

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

# Subtitle 11 ABSENTEE BALLOTS

Notice of Proposed Action

[13

- 169

- P] The State Board of Elections proposes to amend: (1) Regulation .01 under COMAR 33.11.01 Definitions; General Provisions ; (2) Regulations .01

— .04 under COMAR 33.11.02 Applications ; and (3) Regulation .04 under COMAR 33.11.03 Issuance and Return

. This action was considered by the State Board of Elections at its May 23, 2013, meeting, notice of which was given in accordance with State Government Article , §10

- 506(c), Annotated Code of Maryland.
Statement of Purpose The purpose of this action is to amend the definition of a term, alter the deadlines to request an absentee ballot, define the requirements to submit online a request for an absentee ballot, a nd require certain documents with an absentee ballot.

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 Busin esses 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 Nikki Baines Charlson, Director, Election Management & Reform, State Board of Elections, P.O. Box 6486, Annapolis MD 21401

- 0486, or call 410

- 269

- 2843, or email to nikki.charlson@maryland.gov, or fax to 410

- 974

- 2019. Comments will be accepted through July 29, 2013. A p ublic hearing has not been scheduled.



## 33.11.01 Definitions; General Provisions

Authority: Election Law Article, §§2

- 102(b)(4), 2

- 202(b), 9

- 303, 9

- 305, 9

- 306, 11

- 301, 11

- 302, and 11

- 304, Annotated Code of Maryland

.01 Definitions. A. (text unchanged) B. Terms Defined. (1)

— (2) (text unchanged) (3) “ Electronic transmission ” means transmission by: (a) Email; [ or ] (b) Internet; or [ (b) ] (c) Facsimile. (4)

— (7) (text unchanged)



## 33.11.02 Applications

Authority: Election Law Article, §§2

- 102(b) (4), 2

- 202(b), 9

- 303, 9

- 305, 9

- 306, 11

- 301, and 11

- 302, Annotated Code of Maryland

.01 In General. A. (text unchanged) B. Methods of Applying. An application for an absentee ballot may be made by: (1) Formal [ application ] request , as provided in Regulat ion .02 of this chapter; (2) (text unchanged) (3) [ Late, in

- person application ] In

- person request , as provided in Regulation .04 of this chapter. C. (text unchanged) D. Timely Request. (1) A request is timely if the local board receives the request by
t he applicable deadline in §D(2) of this regulation. (2) If voter ’ s request was submitted: (a) By electronic submission and the voter requested the absentee ballot be sent by:

(i) Mail or facsimile, the request must be received on or before 11:59 : 59 p

. m

. on the Tuesday before the election; or

(ii) Internet, the request must be received on or before 11:59 : 59 p

. m

. on the Friday before the election; (b) By mail and the voter requested the absentee ballot be sent by: ( i) Mail or facsimile, the request must be re ceived on or before 8 p

. m

. on the Tuesday before the election; or

(ii) Internet, the request must be received on or before 5
p

. m

. on the Friday before the election; or (c) In person by the voter or the voter ’ s authorized agent, the request must be received on or before 8 p

. m

. on election day. [ D. ] E. Third

- Party Submission. An individual or organization receiving a completed absentee ballot application from a voter shall submit the application to the appropriate local board within [ two ] 2 business days of r eceiving the application or by the deadline to submit an absentee ballot application established in [ Regulations .02 and .03 of this chapter ] §D(2) of this regulation , whichever occurs first. [ E. ] F.

— [ F. ] G. (text unchanged)

.02 Formal [ Application ] Req uest

. A. In General. A formal [ application ] request for an absentee ballot may be made to a local board only: (1) On [ a form ] the paper or the online version of the absentee ballot application prescribed by the State Board; or (2) (text unchanged) B. Di ssemination of Forms. (1) (text unchanged) (2) Website Posting. (a) The State Board shall post on its website the [ State Board

- prescribed form ] paper version of the absentee ballot application [ on its website ] and provide a link to the online absentee b allot application

. (b) A local board, on its website, shall [ either: (i) Post the State Board

- prescribed form ] post the paper version of the absentee ballot application [ ; or ] and

[ (ii) Link ] link to the [ form ] online version of the absentee ballot applic ation on the State Board ‟ s website. (c) The [ State Board

- prescribed form ] absentee ballot application shall be posted in a way that precludes altering its
content. (3) (text unchanged) C. Online Absentee Ballot Application

— Voter Authentication. (1) The online absentee ballot application shall authenticate each voter. (2) Except as provided in §C(3) of this regulation, each voter shall enter: (a) The voter ’ s driver ’ s license or MVA identification card number; (b) The date the voter ’ s driver ’ s license or identification card was issued; and (c) The last four digits of the voter ’ s S ocial S ecurity number.PROPOSED ACTION ON REGULATIONS 1099

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 (3) If a voter is an absent uniformed services voter or an overseas voter who does not have a Maryland driver ’ s license or MVA identification card number, the voter shall enter the last four digits of the voter ’ s S ocial S ecurity number. (4) The online absentee ballot application shall immediately verify the information required in §C(2) of this regulation with information on file with MVA. (a) If the MVA v erifies the information, the voter may submit the online voter registration application. (b) If the MVA cannot verify the information, the voter shall submit the paper version of the absentee ballot application. [ C. ] D. (text unchanged) [ D. ] E. Deadline for Receipt of Application. An application under this regulation must be received by the local board [ as follows: (1) On or before 11:59:59 p.m. of the Tuesday preceding election day for an application submitted by electronic transmission; and (2) On or before 8 p.m. of the Tuesday preceding election day for all other applications ] by the deadline in Regulation .01D of this chapter

. [ E. ] F. (text unchanged)
.03 Informal, Written Request. A.

— D. (text unchanged) E. Deadline for Receipt of Request. A req uest under this regulation must be received by the local board [ as follows: (1) On or before 11:59:59 p.m. of the Tuesday preceding election day for a request submitted by electronic transmission; and (2) On or before 8 p.m. of the Tuesday preceding elec tion day for all other requests ] by the deadline in Regulation .01D of this chapter

. F. (text unchanged)

.04 [ Late, ] In

- Person [ Application ] Request

. A. In General. (1) [ After the deadlines specified in Regulations .02 and .03 of this chapter, a late a pplication may be made in person, by the voter or the voter ‟ s authorized agent, on a special, late application form prescribed by the State Board. ] A voter or a voter ’ s authorized agent may submit a request for an absentee ballot at the local board. (2) [ T he procedure provided for in this regulation may be used until the closing of the polls on election day. ] A request under this regulation must be received by the local board by the deadline in Regulation .01D of this chapter. B. (text unchanged) [ C. Elect ronic Transmissions. A local board may issue a late application form by electronic transmission. ]



## 33.11.03 Issua nce and Return

Authority: Election Law Article, §§2

- 102(b)(4), 2

- 202(b), 9

- 303, 9

- 305, 9

- 306, 9

- 310, 11

- 301, 11

- 302, and 11

- 304, Annotated Code of Maryland
.04 Envelopes. A. [ Special ] Outgoing Envelopes [ Required ]

. Absentee ballots sent by mail shall be enclosed in specially printed envelopes. B. Return Envelopes. (1) If an absentee ballot is sent by mail, the mailing shall include an envelop e for the voter to use to return the voted ballot. (2) If an absentee ballot is sent by electronic transmission, the transmission shall include an envelope template showing the voter how to address the return envelope. [ B. ] C. (text unchanged) [ C. ] D. Re quest for Personal Identification Information on Return Envelope. If an individual is required to show personal identification information under COMAR 33.11.02.07

, the [ election director ] absentee ballot mailing shall clearly indicate [ on the return envelo pe ] that personal identification information is required

. LINDA H. LAMONE State Administrator of Elections



# Subtitle 17 EARLY VOTING 33.17.03 Public Notice of Early Votin g
Authority: Election Article, §§2

- 102(b)(4)

, [ and ] 7

- 105, and 10

- 301.1(h),

Annotated Code of Maryland Notice of Proposed Action

[13

- 168

- P] The State Board of Elections proposes to amend Regulation .01 under COMAR 33.17.03 Public Notice of Early Voting . Th is action was considered by the State Board of Elections at its May 23, 2013, meeting, notice of which was given in accordance with State Government Article, §10

- 506(c), Annotated Code of Maryland.

Statement of Purpose The purpose of this action is to est ablish when certain pre

- election mailings must be sent.

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 Bu sinesses 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 Nikki Bai nes Charlson, Director, Election Management & Reform, State Board of Elections, P.O. Box 6486, Annapolis MD 21401

- 0486, or call 410

- 269

- 2843, or email to nikki.charlson@maryland.gov, or fax to 410

- 974

- 2019. Comments will be accepted through July 29, 2013. A public hearing has not been scheduled.

.01 Public Education Plan. A. Plan Development. (1) (text unchanged) (2) Minimum Components. The plan shall include: (a) A preelection mailing that: (i) Is sent to all active, registered voters at least one wee k before early voting starts ; and

(ii) (text unchanged) (b)

— (d) (text unchanged) (3) (text unchanged) B.

— C. (text unchanged)

LINDA H. LAMONE State Administrator of Elections1100

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 

# Errata

13A.16. 01.02
At 40:8 Md. R. 758 (April 19, 2013), column 1, lines 22

— 28 from the bottom: For: A. Create and maintain, for at least 2 years after their creation, records of program: (1) (text unchanged) (2) Attendance, by groups of children, wh ich indicate: (a) (text unchanged) (b) Verification by each child ‟ s parent of that child ‟ s recorded daily attendance in care; [ and ] Read: A. (text unchanged)



# 13A.16.03.03
At 40:8 Md. R. 758 (April 19, 2 013), column 1, line 10 from the top: For: A. (text unchanged) Read: A. Create and maintain, for at least 2 years after their creation, records of program: (1) (text unchanged) (2) Attendance, by groups of children, which indicate: (a) (text unchanged) (b) Verification by each child ‟ s parent of that child ‟ s recorded daily attendance in care; [ and ]

[13

- 13

- 33]1101

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013



# General Notices

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

BOARD OF BARBERS Subject: Public Meeting Date and Time: Sept ember 16, 2013, 9:30

a.m.

— 4:30 p.m. Place: 500 N. Calvert St., 2nd Fl. Conf. Rm., Baltimore, MD Add ’ l. Info: Center St. Entrance Contact: Robert Wood (410) 230

- 6195

[13

- 13

- 17]

BAY RESTORATIO N FUND ADVISORY COMMITTEE Subject: Public Meeting Date and Time: July 25, 2013, 1

— 4 p.m. Place: Dept. of the Environment, 1800 Washington Blvd., Aqua/Terra Conf. Rm., Baltimore, MD 21230 Add ’ l. Info: Open meeting, but a portion of this meeting may be held in closed session. NOTICE OF FUTURE MEETINGS WILL BE POSTED ON THE DEPARTMENT OF THE ENVIRONMENT ‟ S WEBSITE

. Contact: Linda Cross (410) 537

- 4029

[13

- 13

- 29]

BOARD OF CHIROPRACTIC AND MASSAGE THERAPY EXAMINERS Subject: Public Meeting Date and Time: July 11, 2013, 10 a.m. Place: 4201 Patterson Ave., Rm. 108/109, Baltimore, MD Contact: Emily Jones (410) 764

- 4665

[13

- 13

- 11]

BOARD OF COSMETOLOGISTS Subject: Public Meeting Date and Time: September 9, 2013, 10

a.m.

— 4:30 p.m. Place: 500 N. Calvert St., 2nd Fl. Conf. Rm., Baltimore, MD Add ’ l. Info: Centre St. Entrance Contact: Robert Wood (410) 230

- 6195

[13

- 13

- 16]

GOVERNOR ’ S OFFICE OF CRIME CONTROL AND PREVENTION Subject: Public Meet ing Date and Time: July 11, 2013, 1

— 3 p.m. Place: Howard Co. Police Dept., Ellicott City, MD Contact: Jessica Winpigler (410) 821

- 2852

[13

- 13

- 04] BOARD OF DIETETIC PRACTICE Subject: Public Meeting Date and Time: July 18, 2013, 12:30

— 3:30 p.m. Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD Contact: Lenelle Cooper (410) 764

- 4733

[13

- 13

- 25]

PROF ESSIONAL STANDARDS AND TEACHER EDUCATION BOARD Subject: Public Meeting Date and Time: July 11, 2013, 9:30 a.m.

— 12:30 p.m.; Additional Date: August 1, 2013, 9:30 a.m.

— 12:30 p.m. Place: 200 W. Baltimore St., Baltimore, MD Contact: Madeline Koum (410) 767

- 0385

[13

- 13

- 08]

BOARD OF MASTER ELECTRICIANS
Subject: Public Meeting Date and Time: July 23, 2013, 10 a.m.

— 12 p.m. Place: 500 N. C alvert St., Rm. 302, Baltimore, MD Contact: Gae Herzberger (410) 230

- 6163

[13

- 13

- 14]

BOARD FOR PROFESSIONAL

ENGINEERS Subject: Public Meeting Date and Time: July 11 , 2013, 9 a.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Pamela J. Edwards (410) 230

- 6262 [13

- 13

- 35]

STATE BOARD OF STATIONARY

ENGINEERS Subject: Public Meeting Date and Time: July 16, 2013, 10 a.m.

— 12 p.m. Place: 500 N. Calvert St., Rm. 302, Baltimore, MD Contact: Gae Herzberger (410) 230

- 6163

[13

- 13

- 13] BOARD OF FORESTERS Subject: Public Meeting Date and Time: July 15, 2013, 10 a.m.

— 12 p.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Dennis Gring (410) 230

- 6224

[13

- 13

- 03]

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES Subject: Public Notice of Maryland Medicaid Rate Increase fo r Nursing Facility Services Add ’ l. Info: The Secretary of Health and Mental Hygiene proposes to amend COMAR 10.09.10.07, 08, .10, and .11 in order to increase Medicaid reimbursement for nursing facility services in accordance with the State budget appropri ation for Fiscal Year 2014. Current cost containment limitations will be extended through June 30, 2014, except that interim and maximum rates in the administrative/routine, other patient care, and nursing cost centers will be increased by 3.2 percent in o rder to increase average overall reimbursement rates by 1.725 percent effective July 1, 2013. Total reimbursement will increase by $22,883,000 under the provisions of the proposed amendments. In addition, the proposal deletes the requirement to update the work measurement study of nursing procedures in nursing homes. Copies of the proposed changes are available for public review at the local health department in each county and Baltimore City. Written comments may be sent to Stephen Hiltner, Office of Hea lth Services, Department of Health and Mental Hygiene, 201 W. Preston St., Rm. 120

- G, Baltimore, MD 21201, or fax to 410

- 333

- 7803. Contact: Stephen Hiltner (410) 767

- 1447

[13

- 13

- 38]

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES Subject : Public Notice of Rate Increase for Targeted Case Management for Individuals with Developmental Disabilities Add ’ l. Info: Deliv ery of targeted case management under Medicaid for three target populations of people withGENERAL NOTICES

1102

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 intellectual and developmental disabilities: those on Developmental Disabilities waiting list, those needing community coordination services, and those transitioning to the community. For dates of service beginning July 1, 2013, the Maryland Medical Assistance reimbursement rates for targeted case management (also called resource coordination) will be $450 for the initial eligibility and comprehensive assessment. Fo r all other services, a “ unit of service ” means a 15

- minute increment, which will be reimbursed at $14.62 per unit. The fiscal impact is estimated to be approximately $6,900,000 per year in total funds. Copies of the proposed changes are available for public review at the local health department in each county and Baltimore City. Written comments may be sent to Michael Cimmino, Office of Health Services, DHMH, 201 W. Preston St., Room 128D, Baltimore, MD 21201, or call at 410

- 767

- 0579 or email to Michael.Cimmino@maryland.gov

. Contact: Michael Cimmino (410) 767

- 0579 [13

- 13

- 39]

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES Subject: Public Notice of Increase in Reimbursement Rates for Public Mental Health System Add ’ l. Info: The Secretary of Health and Mental Hygiene is proposing for dates of service on or after July 1, 2013, an increas e in reimbursement rates for Specialty Mental Health Providers by 2.54 percent. This rate increase applies to all Specialty Mental Health billing codes with the exception of E&M codes which have a specific rate increase previously published in the Marylan d Register, Volume 39, Issue 26. The cost of this increase will be approximately $13,022,128 in total funds
per year. Copies of the proposed changes are available for public review at the local health department in each county and Baltimore City. Written comments may be sent to Rebecca Frechard, Office of Health Services, DHMH, 201 W. Preston St., Rm. 213, Baltimore, MD 21201, or fax to (410) 333

- 5425 or call (410) 767

- 1750, or email to Rebecca.Frechard@maryland.gov. Contact: Rebecca Frechard (410) 767

- 1 750 [13

- 13

- 40] DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES Subject: Public Notice Add ’ l. Info: The Department of Health and Mental Hygiene will submit a 1915c home and community

- based services waiver amendment for the Traumatic Brain Injury Waiver to CMS on June 21, 2013. The purpose of this amendment is to clarify that Residential Habilitation “ absence days ” are not a separate service but are included in Residential Habilitation services. Additional ly, the State is changing two performance measure s to better reflect the effectiveness of the State ‟ s monitoring of waiver services. Copies of the proposed changes are available for public review at the local health department in each county and Baltimore City. Written comments may be
sent to Michael Cimmino, Office of Health Services, DH MH, 201 W. Preston St.

, Room 128D, Baltimore, MD 21201, or call at 410

- 767

- 0579 or email to Michael.Cimmino@maryland.gov

. Contact: Sandra Brownell (410) 767

- 5220

[13

- 13

- 4 2]

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES Subject: Public Notice Add ’ l. Info: The Department of Health and Mental Hygiene will submit a 1915c home and community

- based services waiver amendment t o CMS on June 29, 2013. The purpose of the amendment is to request an increase in the number of Older Adults Waiver slots from 4050 to 4400. This is an additional 350 slots. Copies of the proposed changes are available for public review at the local he alth department in each county and Baltimore City. Written comments may be sent to Michael Cimmino, Office of Health Services, DHMH, 201 W. Preston St., Room 128D, Baltimore, MD 21201, or call at 410

- 767

- 0579 or email to Michael.Cimmino@maryland.gov. Cont act: Sandra Brownell (410) 767

- 5220

[13

- 13

- 43]

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES
Subject: Public Notice Add ’ l. Info: Payment for Freestanding Birth Centers For dates of service beginning Ju ly 1, 2013, the Maryland Medical Assistance reimbursement rates for freestanding birth centers will be $2,000 for the care of the delivering mother and $500 for the care of the newborn. This initiative is projected to achieve savings since this is less th an the costs of a hospital delivery. However, savings cannot be calculated at this time because it is unclear how often this will be the selected setting for a birth. Copies of the proposed changes are available for public review at the local health dep artment in each county and Baltimore City. Written comments may be sent to Michael Cimmino, Office of Health Services, DHMH, 201 W. Preston St., Room 128D, Baltimore, MD 21201, or call at 410

- 767

- 0579 or email to Michael.Cimmino@maryland.gov

. Contact: Michael Cimmino (410) 767

- 0579 [13

- 13

- 44]

BOARD OF HEATING, VENTILATION, AIR

CONDITIONING, AND REFRIGERATION CONTRACTORS

(HVACR )
Subject: Public Meeting Date and Time: July 10, 2013, 10:30 a.m.

— 1 p.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: John Papavasiliou (410) 230

- 6160 [13

- 13

- 36]

MARYLAND INSURANCE ADMINISTRATION
Subject: Public Hearing Date and Time: July 24, 2013, 9:30 a.m. Place: Maryland Insurance Administration, 200 St. Paul Pl., 24th Fl., Hearing Rm., Baltimore, MD Add ’ l. Info: The purpose of the hearing is to gather information to help inform the Commissioner ‟ s determinations regarding premium rate filings submitted by American Progressive Life and Health Insurance Company of New York and Genworth Life Insurance Company ( “ Insurers ” ) for certain guaranteed renewable long

- term care insurance products. Those who wish to testify at the hearing must notify the MIA in writing by July 15, 2013. Such notice should be directed to Maria Fisher, Executive Assistant to the Commissioner, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, Maryland 21202, maria.fisher@maryland.gov

. Any written testimony or exhibits also sho uld be submitted to Ms. Fisher ‟ s attention no later than July 15, 2013. Individuals who require reasonable accommodations to participate in theGENERAL NOTICES 1103

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 hearing should contact Ms. Fisher at 410

- 468

- 2013 within 7 days prior to the hearing. Contact: Maria Fisher (410 ) 468

- 2013

[13

- 13

- 18]

MARYLAND INSURANCE ADMINISTRATION Subject: Public Meeting Date and Time: July 31, 2013, 2 p.m.

— 4
p.m. Place: 200 St Paul Pl., 24th Fl. Hearing Rm., Baltimore, MD Add ’ l. Info: Meeting of the Workgr oup on Access to Habilitative Services Benefits Contact: Tinna Damaso Quigley (410) 468

- 2202 [13

- 13

- 19]

MARYLAND INSURANCE ADMINISTRATION Subject: Public Meeting Date and Time: August 7, 2013, 9:30 a.m.

— 11:30 a.m. Plac e: 200 St. Paul Pl., 24th Fl. Hearing Rm., Baltimore, MD Add ’ l. Info: Meeting of the Workgroup on Access to Habilitative Services Benefits Contact: Tinna Damaso Quigley (410) 468

- 2202 [13

- 13

- 20]

MARYLAND INSURANCE ADMINISTRATION Subject: Public Meeting Date and Time: August 22, 2013, 9:30

— 11:30 a.m. Place: 200 St. Paul Pl., 24th Fl. Hearing Rm., Baltimore, MD Add ’ l. Info: Meeting of the Workgroup on Access to Habilitative Services Benefits Contact: Tinna Damaso Quigley (410) 468

- 2202 [13

- 13

- 21]

MARYLAND INSURANCE ADMINISTRATION Subject: Public Meeting Date and Time: September 18, 2013, 9:30

— 11:30 a.m. Place: 200 St. Paul Pl., 24th Fl. Hearing Rm., Baltimore, MD Add ’ l. Info: Meeting o f the Workgroup on Access to Habilitative Services Benefits Contact: Tinna Damaso Quigley (410) 468

- 2202 [13

- 13

- 22] COMMISSION ON KIDNEY DISEASE
Subject: Public Meetin g Date and Time: July 25, 2013, 2 p.m. Place: 4201 Patterson Ave., Baltimore, MD Add ’ l. Info: A portion of this meeting may be closed for executive session Contact: Eva Schwartz (410) 764

- 4799

[13

- 13

- 02]

DIVISION OF LABOR AND INDUSTRY/MARYLAND APPRENTICESHIP AND TRAINING

COUNCIL Subject: Public Meeting Date and Time: July 9, 2013, 9 a.m.

— 12
p.m. Place: Associated Builders and Contractors, Inc., Metropolitan Washington Chapter, ABC CraftMasters Training, Inc., 3403 East

- West Hwy., Hyattsville, MD Add ’ l. Info: The Apprenticeship and Training Council will consider the approval and registration of new apprenticeship
programs, r evisions to presently approved apprenticeship programs, and other business which may come before the Council. Contact: C. Edward Poarch II (410) 767

- 2246 [13

- 13

- 37]

MARYLAND HEALTH CARE COMMISSION

Sub ject: Public Meeting Date and Time: July 18, 2013, 1 p.m. Place: Maryland Health Care Commission, 4160 Patterson Ave., Conf. Rm. 100, Baltimore, MD Contact: Valerie Wooding (410) 764

- 3460

[13

- 13

- 09]

MARYLAND HEALTH CARE COMMISSION
Subject: Notice of Receipt of Application Add ’ l. Info: On June 7, 2013, the Maryland Health Care Commission (MHCC) received an application for Certificate of Need submitted by Shady Grove Fer tility Center

— Matter No. 13

- 15

- 2342

— Relocation of the current facility from 15001 Shady Grove Road, Rockville, to an adjacent site at 14995 Shady Grove Road, Rockville, and the addition of three procedure rooms. Proposed Cost: $5,519,441 The MHCC shall review the application under Health

- General Article, §19

- 101 et seq., Annotated Code of Maryland, and COMAR 10.24.01. Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the applicatio n. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties. Please refer to the Matter No. listed above in any correspondence on the application. A copy of the application is available for review in the office of the MHCC, during regular business hours by appointment. All correspondence should be addressed to Paul Parker, Deputy Director, Center for Hospital Services, MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215. C ontact: Ruby Potter (410) 764

- 3276

[13

- 13

- 34]

GOVERNOR ’ S COMMISSION ON MARYLAND MILITARY MONUMENTS Subject: Public Meeting Date and Time: July 1 1, 2013, 2

— 3:30
p.m. Place: Maryland Historical Trust, 100 Community Pl., Crownsville, MD Contact: Khary McDonald (410) 260

- 3840

[13

- 13

- 31]

DEPARTMENT OF NATURAL RESOURCES/FISHERIE S SERVICE
Subject: Public Notice Add ’ l. Info: 2013 COMMERCIAL HORSESHOE CRAB HARVEST MODIFICATION The Secretary of the Maryland Department of Natural Resources (DNR) pursuant to COMAR 08.02.10.01G(3) has announced a modif

ication for the 2013 commercial horseshoe crab fishery. Effective at 12:01 a.m. Saturday, June 8, 2013, a person may not land any female horseshoe crabs, and the annual total allowable landings of male horseshoe crabs for the commercial fishery is 255,980 . All other rules remain the same. Background Information for Changes The Department is implementing the male

- only horseshoe crab cap approved by the Atlantic States Marine Fisheries Commission horseshoe crab management process. This harvest level is b ased on the output of a multi

- year, federal, state, and

non

- governmental organization (NGO) partnership process that uses the Framework for Adaptive Resource Management (ARM) model to set harvest levels. The harvest levels proposed by the model are design ed to be lower than necessary to ensure a sustainable harvest of horseshoe crabs and an overabundance of horseshoe crab eggs for red knots and other shorebird populations. The harvest levelGENERAL NOTICES

1104

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013 will be reevaluated annually, allowing for management to adapt to the changes in the population levels of horseshoe crabs and shorebirds as a result of the regulations. Joseph P. Gill Secretary Maryland Department of Natural Resources Contact: Tamara O ‟ Connell (410) 260

- 8271 [13

- 13

- 28]

BOARD OF OCCUPATIONAL THERAPY PRACTICE
Subject: Public Meeting Date and Time: July 19, 2013, 8:30 a.m.

— 2 p.m. Place: Catonsville, MD Add ’ l. Info: Health Occupations Article, Title 10, Ann otated Code of Maryland, and COMAR 10.46 amendments, additions, and revisions, including fee changes, may be discussed/voted on. Budget information may also be discussed. It may be necessary to go into executive session. Sign language interpreters and/ or appropriate accommodations for qualified individuals with disabilities will be provided upon request. Please call 1

- 800

- 735

- 2255. Contact: Marilyn Pinkney (410) 402

- 8556

[13

- 13

- 15]

BOARD OF PLUMBING Subject: Public Meeting Date and Time: July 18, 2013, 10 a.m.

— 12:30 p.m. Place: 500 N. Calvert St., Rm. 302, Baltimore, MD Contact: Brenda Clark (410) 230

- 6164

[13

- 13

- 12]

BOARD OF PODIATRIC MEDICAL

EXAMINERS Subject: Public Meeting Date and Time: July 11, 2013, 1 p.m. Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD Contact: Sheri Henderson (410) 764

- 4785

[13

- 13

- 06]

BOARD OF PODIATRIC MEDICAL

EXAMINERS Subject: Public Meeting Date and Time: September 12, 2013, 1
p.m. Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD Contact: Sheri Henderson (410) 764

- 4785

[13

- 13

- 07] BOARD OF EXAMINERS OF PSYCHOLOGISTS Subject: Public Meeting Date and Time: July 12, 2013, 9 a.m.

— 12 p.m. Place: 4201 Patterson Ave., Conf. Rm. 110, Baltimore, MD Add ’ l. Info: Sign language inte rpreters/other appropriate accommodations for qualified individuals with disabilities will be provided upon request. Proposed changes to COMAR may be discussed. Contact: Dorothy Kutcherma (410) 764

- 4703 [13

- 13

- 23]

RACING COMMISSION Subject: Public Meeting Date and Time: July 16, 2013, 12:30

— 1
p.m. Place: Ocean Downs Raceway, Berlin, MD Contact: J. Michael Hopkins (410) 296

- 9682 [13

- 13

- 26]

STATE RETIREMENT AGENCY Subject: Public Meeting Date and Time: July 16, 2013, 10 a.m. Place: SunTrust Bldg., 120 E. Baltimore St., 16th Fl. Boardroom, Baltimore, MD Add ’ l. Info: Meeting date and location are subje ct to change. Anyone interested in attending should contact the State Retirement Agency for confirmation. Please note that the meeting may include a closed session. Sign language, interpreters, and/or appropriate accommodations for qualified individuals w ith disabilities will be provided upon request. Please call 410

- 625

- 5609 or 1

- 800

- 735

- 2258 TTY. Contact: Angie Jenkins (410) 625

- 5609

[13

- 13

- 10]

STATE BOARD OF INDIVIDUAL TAX

PREPARERS
Subjec t: Public Meeting Date and Time: July 15, 2013, 1

— 5 p.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Douglas Blackstone (410) 230

- 6244 [13

- 13

- 24]

MARYLAND DEPARTMENT OF TRANSPORTATION Subject: Public Meeting Date and Time: July 12, 2013, 10 a.m. Place: MDOT Headquarters, 7201 Corporate Center Dr., Hanover, MD Add ’ l. Info: Notice of Hearing The Board will hear the following case: Docket Number 395 Lockheed Martin Corporation is proposing to construct an Ocean Thermal Energy Conversion building and utilize a temporary crane during construction located at 2323 Eastern Boulevard in Baltimore, Maryland. Th is location is approximately 2,200 feet west of Runway 15 at Martin State Airport. The proposed height of the structure is 220 feet above ground level (AGL)/246 feet mean sea level (MSL). The proposed height of the temporary crane is 300 feet AGL/ 326 fee t MSL. The structure height will exceed the Code of Federal Regulations (FAR) Part 77, Objects Affecting Navigable Airspace by 75 feet and the temporary crane will exceed by 155 feet. Code of Maryland Regulations (COMAR) 11.03.06.04, Height Limits in Air port Districts enables the proponents to seek a variance from the Board of Airport Zoning Appeals for any proposed penetration of FAR Part 77. Therefore, the Maryland Aviation Administration requests to present BAZA Case 395 to the Board of Zoning Appeals on Friday, July 12, 2013. Appropriate auxiliary aids and services for qualified individuals with disabilities will be provided upon request. Please call 410

- 865

- 1233 (voice) or MD Relay (TTY Users). Contact: Deborah Mahoney

- Fowler (410) 865

- 1233 [13

- 13

- 3 2]

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND VETERANS

COMMISSION Subject: Public Meeting Date and Time: July 16, 2013, 10:30 a.m.

— 1 p.m. Place: Maryland Historical Trust, 100 Community Pl., Crownsville, MD Contact: Khary McDonald (410) 260

- 3840

[13

- 13

- 30]

WORKERS ’ COMPENSATION COMMISSION Subject: Pub lic Meeting Date and Time: July 25, 2013, 9

— 11

a.m. Place: 10 E. Baltimore St., Baltimore, MD Add ’ l. Info: Portions of this meeting may be held in closed session. Contact: Amy Lackington (410) 864

- 5300

[13

- 13

- 01]

### Updated on 5

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## COMAR 

# IN PDF

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ORDER FORM

Titles Agency Name Price 1 

### Subscription 2 

### Quantity Total Complete set of COMAR PDF format $1,000 $500

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_____ _____ Title 31 Maryland Insurance Administration $68 $45

_____ _____ Title 32 Aging $25 $15

_____ _____ Title 33 State Board of Elections $42 $25

_____ _____ Title 34 Planning $31 $18

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- Pending

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_____ Prices are for single user license only ~ Multi-user licenses are available. Please call 410 -260- 3876 for pricing information.

1 

### Price is per copy of each Title

2 

### Annual Subscription (optional) - Receive updated information quarterly. ~ If ordered, subscription quantities MUST match Title quantities. ** See the following pages for description of contents

### Updated on 5

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## COMAR 

# IN PRINT

— ORDER FORM (8 1⁄2 x 11 format)

Titles Agency Name Price 1 

### Subscription 2 

### Quantity Total Complete set of COMAR (includes binders) $1,400 $ 700

_____ _____ Title 01 Ex ecutive Department $4 7 $ 30

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_____ _____ Title 04 General Services $23 $ 12

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_____ _____ Title 11 Parts 2 & 3 (MVA) ** $102 $ 70

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_____ _____ Title 13A Board of Education $83 $ 60

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_____ _____ Title 14 Independent Agencies $112 $ 75

_____ _____ Title 15 Agriculture $63 $ 40

_____ _____ Title 16 Juvenile Service $32 $ 20

_____ _____ Title 17 Budget and Management $38 $ 25

_____ _____ Title 18 Assessments and Taxati on $28 $ 18

_____ _____ Title 19A State Ethics Commission $33 $ 20

_____ _____ Title 20 Public Service Commission $64 $ 42

_____ _____ Title 21 State Procurement Regulations $65 $ 42

_____ _____ Title 22 State Retirement and Pension System $33 $ 18

_____ __ ___ Title 23 Board of Public Works $26 $ 15

_____ _____ Title 24 Business and Economic Development $47 $ 25

_____ _____ Title 25 State Treasurer $23 $ 12

_____ _____ Title 26 Environment (All parts) ** $241 $ 160

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_ ____ _____ Title 26 Part 2 ** $109 $ 72

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_____ _____ Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $26 $ 15

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_____ _____ Title 32 Aging $34 $ 18

_____ __ ___ Title 33 State Board of Elections $57 $ 35

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- Pending

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Binders $ 1 5 S & H $9.00

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### Price is per copy of each Title 

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### Note: COMAR prices are subject to change. Check the date on the lower right hand corner of this form. If the form is more than two months old, call the COMAR Subscription Manager (410

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- 3876 ) to confirm prices. Fees are not refundable

. Shipping/Handling Publication Total Shipping $ 0

- 50 $15 $ 51

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- 400 $35 $400 + please call Subscription Department

. State agencies using courier, may omit S&H

### Updated on 5

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# COMAR ORDER INFORMATION SHEET

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Return form & payment to : 

### Office of the Secretary of State, Division of State Documents ~ State House ~ Annapolis, MD 21401 ~ Tel: 410-260-3876 ~ 800-633-9657 ext. 3876 ~ Fax: 410-280-5647



## ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

SPECIAL PUBLICATIONS

Publication / Handbook Print Price S & H Quantity Total Control of Ionizing Radiation (including supplements up to 2 2 ) $1 63 $12

_____ _____ Control of Ionizing Radiation S uppleme nt 2 1 ONLY $ 10 $ 0

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## SUPPLEMENT UPDATE SCHEDULES PDF QUARTERL Y UPDATES PRINT SEMI

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– Entire chapters affected will be sent for replacem ent and insertion into COMAR title book(s).CODE OF MARYLAND REGULATIONS

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. state. md .us 

### * www

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. u s

### Statement of the Air and Radiation Management Administration Department of the Environment for the Public Hearing Relating to Proposed Amendments to COMAR 26.11.01.01 

## General Administrative Provisions and 26.11.17.01 and .02 

## Nonattainment Provisions for Major New Sources and Major Modifications held on May 7, 2013 Baltimore, MD



## My name is Randy Mosier. I am the Division Chief of the Regulations Development Division in the Air Quality Planning Program of the Ai r and Radiation Management Administration, Department of the Environment.

This public hearing is being held pursuant to the requirements of 40 CFR Section 51.102 and Sections 2-301 et. seq. of the Environment Article, Annotated Code of Maryland. It is also being held in conformance with the State Administrative Procedures Act under the State Government Article, beginning at Section 10-101.

Notice of this hearing appeared in the following:

Maryland Register on April 5, 2013; MDE's website from March 15, 2013 through May 8, 2013; Baltimore Sun on April 5, 2013; Saint Mary's Enterprise on April 5, 2013; Cumberland Times-News on April 5, 2013; Frederick News-Post on April 5, 2013; Cecil Whig on April 5, 2013; Salisbury Daily Times on April 5, 2013; and the Washington Post on April 4, 2013.

Copies of these notices were submitted for the record.

Copies of the proposed amendments and supporting documents were submitted for review to the State Clearinghouse and are also submitted at this time into the hearing record. Copies of the proposed amendments and supporting documents were made available for public inspection at the Air and Radiation Management Administration offices in Baltimore, Cumberland, and Salisbury, and at all local health departments or local air quality control offices.

The purpose of today's hearing is to give the public an opportunity to comment on the proposed amendments to COMAR 26.11.01.01 and COMAR 26.11.17.01 and .02.

Summary

The purpose of this action is to incorporate federal standards for the New Source Review (NSR) program for fine particulate matter and its precursors into the Code of Maryland Regulations

1

## (COMAR). Fine particulate matter is defined as particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers and is referred to as PM2.5. Maryland’s nonattainment area (NAA) NSR program is contained in CO MAR 26.11.17, and applies to major stationary sources and major modifications which are major for PM2.5 or its precursors at facilities located in Baltimore City, Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George's and Washington counties.

Background O PM to add new standards for fine particles, using PM 2.5 as the indicator. Health-based (primary) annual and 24-hour standards for PM2.5 were established at 15 micrograms pe meter (μg/m3) and 65 μg/m3, respectively (62 FR 38652). At the same time that the primary standards were set, the EPA also established welfare-based (secondary) standards identical to primary standards.

E significant correlation between elevated PM2.5 levels and premature mortality. Other im effects associated with PM2.5 exposure include aggravation of respiratory and cardiovascular disease, lung disease, decreased lung function, asthma attacks, and certain cardiovascular problems. Individuals particularly sensitive to PM2.5 exposure include older adults, people heart and lung disease, and children.

T November 1, 2005 and included proposed revisions to the NSR program along with plans to implement the 1997 PM2.5 NAAQS (70 FR 65984). Details included requirements and guida for State and local air pollution agencies to follow in developing State Implementation Plans (SIPs) and NSR program provisions. On April 25, 2007, the final implementation rule that included all the SIP related provisions was promulgated by the EPA (72 FR 20585).

O (71 FR 61143). In the final rule, the EPA reduced the 24-hour NAAQS for PM2.5 to 35 μg/m3 and retained the existing annual PM2.5 NAAQS of 15 μg/m3.

O rule, and included details on major source threshold, significant emissions rate, and applicabil of NSR to PM2.5 precursors (“Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5)” (73 FR 28321)). In this final rule, changes associated with PM2.5 and its precurs ors to nonattainment area (NAA) NSR and N prevention of significant deterioration (PSD) programs were established.

In nitrogen oxides (NOx) as precursors for PM2.5; the MDE is adopting the same precursors and NOx) to its nonattainment program for PM2.5. Per 73 FR 28321, the final federal rule was effective on July 15, 2008, and the federal NSR requirements were effective on January 1, 2011

n July 18, 1997, the EPA revised the National Ambient Air Quality Standards (NAAQS) for

r cubic

the

pidemiological studies measuring health effects associated with PM2.5 have shown a portant

with

he Clean Air Fine Particle Implementation Rule was proposed in the Federal Register on

nce

n October 17, 2006, the EPA revised the primary and secondary NAAQS for PM2.5 and PM10

n May 16, 2008, the EPA finalized the NSR provisions of the November 1, 2005 proposed ity

SR

the development of the federal regulation, the EPA identified sulfur dioxide (SO2) and (SO2

.

ources Affected and Location S

2

## 3 ection I.A. of 73 FR 28321 identifies the followi ng industries as potentially affected by this

ore,

n

review of sources located in Maryland and which submitted annual emission certification

ns

mber

f the ten (10) sources reporting greater th an 100 tpy PM2.5 between the period of 2007 and

equirements S new rule: electric services, petroleum refining, industrial organic/inorganic chemicals, natural gas liquids, natural gas transport, pulp and paper mill, automobile manufacturing and pharmaceuticals. Major stationary sources and major modifications located in PM2.5 nonattainment areas in Maryland, specifically in Baltimore City, Anne Arundel, Baltim Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George's and Washingto counties, would therefore be subject to the NSR program.

A reports between 2007 and 2010 identified ten (10) sources with emissions greater than 100 to per year (tpy) PM2.5. Evaluating this, these sources, if newly locating to Maryland, would trigger NSR for major stationary sources. This in turn suggests that historically a limited nu of sources would have been affected by this regulation.

O 2010, seven (7) are electric generating units.

R

hese amendments to COMAR 26.11.17, Nonattainment Provisions for Major New Sources and

O2 and NOx are precursors to PM2.5; ationary Source threshold for PM2.5 and its precursors

te applicable to Major Modifi cation for PM2.5 is 10 tpy direct PM2.5, 40 tpy of

onattainment NSR requirements include, but are not limited to: l technology;

ate by the same owner are in

s of the proposed source ation,

onsideration of Comments

The Department will consider all comments before making a decision to adopt these amendm T Major Modifications, reflecting the amendments to 40 CFR 51.165 and 40 CFR 51 Appendix S, establish the following:

•S •The emission rate applicable to Major St is 100 tpy; and •The emission ra SO2 and 40 tpy of NOx.

N •Installation of Lowest Achievable Em ission Rate (LAER) contro •Offsetting new emissions with creditable emissions reductions; •Certification that all major sources owned and operated in the St compliance with all applicable requirements under the Act; •An alternative siting analysis demonstrating that the benefit significantly outweigh the environmental and social costs imposed as a result of its loc construction, or modification; and •Public comment on the permit.

C

ents.

### 1



### 1 

## MARYLAND DEPARTMENT OF THE ENVIRONMENT

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION

3



### 4



### 5

6 

## PUBLIC HEARING

7 

## CONCERNING PROPOSED AMENDMENTS TO INCORPORATE

8 

## FEDERAL STANDARDS FOR THE NEW SOURCE

9 

## REVIEW (NSR) PROGRAM FOR PM 2

. 5



## 10

11



## 12

13 The hearing in the above matter commenced on

14 

## Tuesday, May 7, 2013, at the MOE Headquarters, Montgomery

15 

## Park, 1800 Washington Boulevard, Baltimore, Maryland.

16

17



## 18 BEFORE: DEBORAH RABIN, Hearing Officer



## 19

20 Reported by: Linda Metcalf

21

22



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

## 2

1 

### A P P E A R A N C E S

2



### 3 

### ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT:

4



### 5 

## DEBORAH RABIN

6 

### Regulations Coordinator

7 

### Regulation Development Division

8 

### Air and Radiation Management

9 

### Maryland Department of the Environment

10 1800 Washington Boulevard, Suite 730

11 

### Baltimore, Maryland 21230

12

13 

## RANDY MOSIER

14 Division Chief

15 Regulations Development Division

16 Air Quality Planning Program

17 Air and Radiation Management Administration

18 Maryland Department of the Environment

19 1800 Washington Boulevard, Suite 730

20 Baltimore, Maryland 21230

21



## 22



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

## 3



# . . 1 I N D E X



## 2

3 Speaker : Page :

4 Opening Remarks, Deborah Rabin, MOE 4



## 5 Hearing Statement, Randy Mosier, MOE 5



## 6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22



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

### 4

1 

## P R 0 C 

## E E D I N G S

2

3 (10:28 a.m.)



### 4 

### MS. RABIN: Good morning. On behalf of the

5 

### Department of the Environment and the Air and Radiation

6 

### Management Administration, I would like to welcome you to

7 

### this public hearing.

8 

### My name is Deborah Rabin and I am the

9 

### Regulations Coordinator for the Air and Radiation

10 Management Administration. I will serve as hearing

11 

### officer for today's hearing.

1 2 I would like to ask all of you in attendance

13 today to please sign in, if you haven't already done so

.

14 This will help us to keep an accurate record of the

15 people who participate in the hearing. Also, copies of

1 6 our regulation proposal, support documents, and the

17 Department's statement are available on the table for

18 your information.

19 This hearing concerns Air Quality Regulations

20 found in the Code of Maryland Regulations, Title 26,

21 Subtitle 11, Air Quality. The Secretary of the

22 Department proposes to amend: (1) Regulation .01 under



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

### 5

1 

## COMAR 26.11.01, General Administrative Provisions; and

2 (2) Regulations .01 and .02 under COMAR 26.11.17,



## 3 Nonattainment Provisions for Major New Sources and Major

4 

## Modifications.



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

6 

## opportunity to comment on this action.

7 

## The Opportunity for Public Comment for this

8 

## proposed action appeared in the Maryland Register, Volume

9 

## 40, Issue 7, Page 624 on April 5, 2013.

10 The hearing will proceed in the following

11 

## order. First, Mr. Randy Mosier will make a statement on

12 behalf of the Air and Radiation Management

13 Administration. After Mr. Mosier is finished, I will

14 call on any elected official or government official who

15 wants to make a statement. Then, I will call upon anyone

16 else who indicated on the sign-in sheet that he or she

17 would like to make a statement.

18 When giving your statement, please identify

19 yourself and your affiliation, and give your statement

20 loudly and clearly. Are there any questions?

21 I will now call on Mr. Mosier.

22 MR. MOSIER: Thank you, Debbie. My name is



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

. ftrinc.net- (800) 921-5555

### 6



### 1 

## Randy Mosier. I am the Division Chief of the Regulations



## 2 Development Division in the Air Quality Planning Program

3 

## of the Air and Radiation Management Administration,

4 

## Department of the Environment. Let the record show that

5 

## there is no one in attendance at this public hearing;

6 

## therefore, I will submit my hearing statement at this

7 

## time for the record

.

8

9 

## Statement of the Air and Radiation Management



## 10 Administration

11 

## Department of the Environment



## 12 for the Public Hearing Relating to



## 13 Proposed Amendments to COMAR 26.11.01.01



## 14 General Administrative Provisions



## 15 and 26.11.17.01 and .02



## 16 Nonattainment Provisions for Major New Sources



## 17 and Major Modifications



## 18 held on May 7, 2013



## 19 Baltimore, MD



## 20 My name is Randy Mosier. I am the Division



## 21 Chief of the Department of the Environment.



## 22 This public hearing is being held pursuant to



## For The Record, Inc. (30 1) 870-8025

- www.ftrinc.net- (800) 921-5555**·~ ;**  

### ,. 7



## 1 the requirements of 40 CFR Section 51.102 and Sections 2-

2 301 et. seq. of the Environment Article, Annotated Code

3 of Maryland. It is also being held in conformance with

4 the State Administrative Procedures Act under the State

5 Government Article, beginning at Section 10-101.

6 Notice of this hearing appeared in the

7 following: Maryland Register on April 5, 2013; MOE's

8 website from March 15, 2013 through May 8, 2013;

9 Baltimore Sun on April 5, 2013; Saint Mary's Enterprise

10 on April 5, 2013; Cumberland Times-News on April 5, 2013;

11 Frederick News-Post on April 5, 2013; Cecil Whig on April

12 5, 2013; Salisbury Daily Times on April 5, 2013; and the

13 Washington Post on April 4, 2013.

14 Copies of these notices were submitted for the

15 record.

16 Copies of the proposed amendments and

17 supporting documents were submitted for review to the

18 State Clearinghouse and are also submitted at this time

19 into the hearing record. Copies of the proposed

20 amendments and supporting documents were made available

21 for public inspection at the Air and Radiation Management

22 Administration offices in Baltimore, Cumberland, and



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

- www.ftrinc.net- (800) 921-5555}"- · 

### 8



## 1 Salisbury, and at all local health departments or local

2 air quality control offices

.

3 The purpose of today's hearing is to give the

4 public an opportunity to comment on the proposed

5 amendments to COMAR 26.11.01.01 and COMAR 26.11.17.01 and

6

. 02.

7 Summary



## 8 The purpose of this action is to incorporate

9 federal standards for the New Source Review (NSR) program

10 for fine particulate matter and its precursors into the

11 Code of Maryland Regulations (COMAR)

. Fine particulate

12 matter is defined as particles with an aerodynamic

13 diameter less than or equal to a nominal 2.5 micrometers

14 and is referred to as PM2.5. Maryland's nonattainment

15 area (NAA) NSR program is contained in COMAR 26.11.17,

16 and applies to major stationary sources and major

17 modifications which are major for PM2.5 or its precursors

18 at facilities located in Baltimore City, Anne Arundel,

19 Baltimore, Carroll, Charles, Frederick, Harford, Howard,

20 Montgomery, Prince George's and Washington counties.

21 Background

22 On July 18, 1997, the EPA revised the National



## For The Record, Inc. (30 1) 870-8025

- www.ftrinc.net- (800) 921-5555

## .. . .. 

## · . 9



## 1 Ambient Air Quality Standards (NAAQS) for PM to add new

2 standards for fine particles, using PM 2.5 as the

3 indicator. Health-based (primary) annual and 24-hour

4 standards for PM2.5 were established at 15 micrograms per

5 cubic meter (pg/m3) and 65 pg/m3, respectively (62 FR

6 38652). At the same time that the primary standards were

7 set, the EPA also established welfare-based (secondary)

8 standards identical to the primary standards.

9 Epidemiological studies measuring health

10 effects associated with PM2.5 have shown a significant

11 correlation between elevated PM2.5 levels and premature

1 2 mortality. Other important effects associated with PM2.5

13 exposure include aggravation of respiratory and

14 cardiovascular disease, lung disease, decreased lung

15 function, asthma attacks, and certain cardiovascular

16 problems. Individuals particularly sensitive to PM2.5

17 exposure include older adults, people with heart and lung

18 disease, and children.

19 The Clean Air Fine Particle Implementation Rule

20 was proposed in the Federal Register on November 1, 2005

21 and included proposed revisions to the NSR program along

22 with plans to implement the 1997 PM2.5 NAAQS (70 FR



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

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## 10

1 65984). Details included requirements and guidance for

2 State and local air pollution agencies to follow in

3 developing State Implementation Plans (SIPs) and NSR

4 program provisions. On April 25, 2007, the final

5 implementation rule that included all the SIP related

6 provisions was promulgated by the EPA (72 FR 20585).

7 On October 17, 2006, the EPA revised the

8 primary and secondary NAAQS for PM2.5 and PMlO (71 FR

9 61143). In the final rule, the EPA reduced the 24-hour

10 NAAQS for PM2.5 to 35 pg/m3 and retained the existing

11 

## annual PM2.5 NAAQS of 15 pg/m3.

12 On May 16, 2008, the EPA finalized the NSR

13 provisions of the November 1, 2005 proposed rule, and

14 included details on major source threshold, significant

15 emissions rate, and applicability of NSR to PM2.5

16 precursors ("Implementation of the New Source Review

17 (NSR) Program for Particulate Matter Less Than 2.5

18 Micrometers (PM2.5)" (73 FR 28321)). In this final rule,

19 changes associated with PM2.5 and its precursors to

20 nonattainment area (NAA) NSR and NSR prevention of

21 significant deterioration (PSD) programs were established.

22 In the development of the federal regulation,



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

## 11

•,


## 1 the EPA identified sulfur dioxide (S02) and nitrogen

2 oxides (NOx) as precursors for PM2.5; the MDE is adopting

3 the same precursors (S02 and NOx) to its nonattainment

4 program for PM2.5. Per 73 FR 28321, the final federal

5 rule was effective on July 15, 2008, and the federal NSR

6 requirements were effective on January 1, 2011.

7 Sources Affected and Location

8 Section I.A. of 73 FR 28321 identifies the

9 following industries as potentially affected by this new

10 rule: electric services, petroleum refining, industrial

11 organic/inorganic chemicals, natural gas liquids, natural

12 gas transport, pulp and paper mill, automobile

13 manufacturing and pharmaceuticals. Major stationary

14 sources and major modifications located in PM2.5

15 nonattainment areas in Maryland, specifically in

16 Baltimore City, Anne Arundel, Baltimore, Carroll,

17 Charles, Frederick, Harford, Howard, Montgomery, Prince

18 George's and Washington counties, would therefore be

19 subject to the NSR program.

20 A review of sources located in Maryland and

21 which submitted annual emission certification reports

22 between 2007 and 2010 identified ten (10) sources with



## For The Record, Inc. (30 1) 870-8025

- www.ftrinc.net

- (800) 921 -5555

# . . ., 

## 12

1 emissions greater than 100 tons per year (tpy) PM2.5.

2 Evaluating this, these sources, if newly locating to

3 Maryland, would trigger NSR for major stationary sources.

4 This in turn suggests that historically a limited number

5 of sources would have been affected by this regulation

.

6 Of the ten (10) so urces reporting greater than

7 100 tpy PM2.5 between the period of 2007 and 2010, seven

8 (7) are electric generating units.

9 Requirements

10 These amendments to COMAR 26.11.17,

11 Nonattainment Provisions for Major New Sources and Major

12 Modifications, reflecting the amendments to 40 CFR 51.165

13 and 40 CFR 51 Appendix S, establish the following:

14 •S02 and NOx are precursors to PM2.5;

15 •The emission rate applicable to Major Stationary Source

16 threshold for PM2.5 and its precursors is 100 tpy; and

17 •The emission rate applicable to Major Modification for

18 PM2.5 is 10 tpy direct PM2.5, 40 tpy of S02 and 40 tpy of

19 NOx.

20 Nonattainment NSR requirements include, but are

21 not limited to:

22 •Installation of Lowest Achievable Emission Rate (LAER)



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

## '· -: 

## 13

1 control technology;

2 •Offsetting new emissions with creditable emissions

3 reductions;

4 •Certification that all major sources owned and operated

5 in the State by the same owner are in compliance with all

6 applicable requirements under the Act;

7 •An alternative siting analysis demonstrating that the

8 benefits of the proposed source significantly outweigh

9 the environmental and social costs imposed as a result of

10 its location, construction, or modification; and

11 •Public comment on the permit.

12 Consideration of Comments



## 13 The Department will consider all comments

14 before making a decision to adopt these amendments.

15

16 MS. RABIN: Because no one has come to attend

17 this public hearing, we will now close this public

18 hearing regarding amendments to: (1) Regulation .01

19 under COMAR 26.11.01, General Administrative Provisions;

20 and (2) Regulations .01 and .02 under COMAR 26.11.17,

21 Nonattainment Provisions for Major New Sources and Major

22 Modifications.



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

## 14



## 1 Let the record reflect that it is now 10:31 and

2 this hearing is officially concluded

.

3 

## (Whereupon, the hearing was concluded.)

4



### 5

6

7



### 8

9



## 10

11

1 2



## 13

14



## 15

16

17

18

19



## 20

21



## 22



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

### 15

1 

### CERTIFICATE OF COURT REPORTER

2

3 

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

4 

### foregoing transcription was reduced to typewriting via

5 

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

6 

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

7 

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

8 

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

9 

### employed by the parties hereto, nor financially or

10 otherwise interested in the outcome of the action.

11

12

13

14

15

16 LINDA METCALF

17 Court Reporter

18

19

20

21

22



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

# NO ONE ATTENDED THE PUBLIC HEARING

AND

NO COMMENTS WERE RECEIVED DURING THE 30-DAY COMMENT PERIOD

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

Robert M. Summers, Ph.D



## . Secretary

Recycled Paper 

### www.mde.state.md.us TTY Users 1-800-735-2258 Via Maryland Re lay Service 

### Martin O’Malley Governor
Anthony G. Brown Lieutenant Governor



## March 15, 2013

CERTIFICATE OF PUBLICATION

This is to ce rtify that the “Maryland Departme nt of the Environment (MDE) Notice of Public Hearings/Comment Periods Concerning Proposed Am endments and New Regulations to Air Quality Regulations” was published on MDE’s web site on March 15, 2013. It will remain posted on the site until May 8, 2013. The notice in full with links to supp orting documents may be found in the following web address:

http://www.mde.state.md.us/AboutMDE/pages/reqcomments.aspx

Web publication of the notice was at the request of Deborah Rabin, Regula tions Coordinator of the Air and Radiation Management Ad ministration of MDE.

By:

Joseph E. Herb, Jr. MDE Webmaster

Attachments:

Copy of web page as published.

# ~ ...__ 

# _____ ..... SearCh



## MOE Public Hearings, Meetings and Request for Comments

• M OE C alendar

The comp l ete l i st i ng of MOE publ i e meet i ngs and hea ri ngs 

### i.s posted i n 

### the MOE Ca l endar

. Please call 

## o r ema i l co n tact pel'$o n ci ted i n 

### the meet i ng deta i !.s for any quest i ons 

## or to se n d a oomment

.

• M aryland Environmental ReQu l ations

Publ i c: hea ri ngs, meet i n gs , and**re<~ e.st**  

### for comments re l ated to Maty l arw:l en vi ronmenta l reg u l at i ons are a t so posted at the Air 

### Rtoulttjgns

, Water geg u l otions and 

### Lfnd Btoulat$gns sections of this webs i te

.



### • Noti c e of Pub l ic Hear i ngs / Comment P e r i ods Concerning Proposed Amendments and N ew Regulations to Air Qua l i ty Regulatio n s

T h e Mary l and 0el)3rtment of the Env i ronment g i ves not i ce of pub l i c: hear i ng:/ comment per i ods eo n eem i ng t h e fol l ow i ng**propo~d** 

### act i ons:



## t. Amendments to Regu l at i on .01 unde r COMAR 26.11.01 Gene r a l Adm i n i strat i ve Prov i s i ons and Regu l at i on

. 14 under COMA.R 26

. 11.06 Gene r a l Em i ss i o n Standa r ds, Proh i bit i ons , and Rest ri ct i ons to i ncorporate upda t e d f edera l standards for the New Source Rev i ew (HSR) Prevent i on of S i gn i fJeant Deter i o r at i on 

### (PSO) program. T h ese amendme n ts w ill prov i de that future amendments to the federa l 

### PSO prog r am w i ll 

### be automa t i ca l l y i ncluded i n Mary l and r eg u l at i ons. Th i s i ncorpo r a t i on by

r eference w i ll add prov i s i ons 

### for fine part i cu l ate matter and i ts precut'$Ot$, prov i s i ons to defer i nclusion of $0urees of b i ogen i c em i ss i ons under 

### PSO and removes certa i n grandfather i ng prov i s i ons. ( See Techn i co l Supoort. ()ocymen t)

2

. Amendments to Regu l at i on .01 unde r COMAR 26.11.01 Gene r a l Adm i n i strat i ve Prov i s i ons and Reg u lat i ons .0 1 and

. 02 under COMA.R. 26. 1 1.17 Non.atta i nment Prov i s i ons 

### for M.ajor New Sources and Major fr>lod i fieatioos to i ncorpo r .ate fede r a l standa r ds 

### for t h e New Source Re vi ew (NSR) p r ogram fo r fine particulate matter and its precursors i nto 

### the Code 

### of t;lary l and Reou l ations (COMAA )

. Mary l and ' s nonatta i nment area NSR. program appl i C$ to major**~at onary**  $0UI'<:C$ 

### and major mod ifi cat i ons wh i ch are ma j or for PM2.S or i ts p r ecursors at faci r rt i es located i n 8a l timore C i ty, Anne Aru n de l

, 8a l t i more, 

### C&N'O II
, Chat i C$, Freder i ck, Harford, Howard, Montgomery, Pr i nce George

· s and Wa$h i ngton oount i C$

.**~** 

### Iccbnjcal S u poort Qocumcot)

3

. Amendments to Regu l at i ons .02 and

. 03 under 

### COMA.R 26

. 11.27 Em i ss i on L i m it at i ons for Power P l ants to re i nstate the

or i g i na l annua l and o::one season emi$.$ i on l i m i u 

### fot NOX 

### and annua l em i $$ i on l i m i ts fo r S02 for R

. 

### Pau l Sm i th Powet Stat i on e l ectr i c generat i ng u n i ts as estab l i shed under 

### COMAA 26.11.27- Em i ss i on Lim i ta ti ons fo r Power Plants adopted petmanently effective Jutv 16, 2007

. T h i s act i on i s i n**respon~** 

### to a request by R

. Pau l sm i th to the Mary l and oepartment of the Env i ronment to ret a i n it s T i tle V 

### perm i t a l though the powe r p l ant has ceased operat i ons as of September 1

, 2012

. ( see T echnica l suooort Document )

4

. 

### New Regu l at i ons

. 01

-
. 0 4 

### undet a 

### new c:haJ)te r, COMAR 26.11

. 37 Oute r cont i nenta l She l f A i r Regu l at i ons to adopt
r egu l at i ons wh i ch w i ll i ncorpo r ate by reference the prov i s i ons of the Code of Federa l Regu l at i ons, 40 CFR SS " Outer cont i nenta l She l f A i r Regulations·

. ( see Technica l suooort Document )

The fu ll text of the p r oposed amendments wi l l appear i n the Maryland Reg i ster at bUOi ll www. d sd

. statc

. m d .ys / mdrcg i stc rt on 

### Apr i l 5, 2013

. Publ i c he-a ri ngs on these act i ons w i ll 

### be he l d on Hay 7, 20 13 at 10 a.m

. at the D e partment of the Env i ronment., 1800 Was h i ngton Bou t evatd

, 1st F1oo r COnference Rooms

, Ba l t i more, Maryland 21230- 1 720

. Comments must be rece iv ed by 5 pm on M a y 7, 2013

. 

### Fo r more i nformation or to s u bmit comments, ca i V e-ma i V fax:

Deborah Rab i n, ReQu l ations Coord i nator, A i r and Rad i at i on Management Adm i n i st r at i on Department of the En vi ronment 1 800 wash i ngton 60u l evard, Suite 730, Ba l t i mote
, Maty l and 2 1 230-1720



# . '



# . . .................. ...

# ~)**:__** ________________ Sustain a b/ e

__ Attain a b/ e Maryland Department of Planning

March 26, 20 13



### Ms. Deborah Rabin R

e gulations Coordinator, Air & 

### Rad i ation Management Administration Maryland Department of the Environment 1800 

### Wa s hington Blvd

. Suite 730 

### Baltimor e, MD 21230-1720



### STATE CLEARINGHOUSE REVIEW PROCESS

State Application Identifier: MD20130319-0162 

### Project Description: Amendment s to Regulation s: .0 

### I under COMAR 26.11.0 

### I,

. 14 

### und e r COMAR 26.11

. 06,

. 0 

### I and

. 02 

### under CO MAR 26.11.17, .02 

### and .03 

### under CO MAR 26.11.27, 

### and New Regulations .OJ -. 04, 

### COMAR 26.11.37. 

### Comment s and Public Hearings for May 7, 2013 

### Project Location: Maryland Cleari n ghouse Contact: Sophia Richardson

Dear Ms

. Rabin:

Thank you for submitting yam project for intergovernmental review

. Pa1ticipation in the Maryland Intergov e rnmental Review and Coordination (MIRC) process helps ensur e project consistency with plans

, program s , and objectives of State agencies and local governments.

Noti ce o f your application is being provided to Stat e and local public officials through the Intergovemmental Monitor

, 

### which i s a database of projects received by the State Clearinghouse for Inter g overnmental Assistance. This informati o n may b e viewed at http:/ / planning

. maryland.gov/emircpublic/. The project has been assigned a uniqu e Stat e Application Identifier that should be used on all documents and correspondence

.

If you need assistance or have questions, contact the State Clearinghouse staff noted above at 4 1 0-767-4490 

### or through e-mail at s richardson@mdp

. state

. md.us

. Thank you for your cooperatio n with the MIRC process.
Sincerely,

# ~iv~~ Linda C

. Janey, J.D

. , As s istant Secretary

P

. S. Great News!! Your project may b e e ligibl e t o be " Fa s tTra c k e d" through th e Stat e p e rmitting pr ocesses. For mor e inf or

mati o n, go to: http ://e a s )l

. man , lan d.gov/wordp r essl [asttrackl

.


### LCJ:SR Cc: U .S

. Environmental Protect io n Agency

13

- 0162

_

NM

. N£Wdoc

Martin O ' Malley

, Governor Anthony G

. Br own, 

### Lt

. Governo r Ri c h a rd E ber h art H a ll

, AICP, S ecre tary
M a tth ew 

### J

. Powe r , D e puty Sec retary

301 West Pr eston S tr eet

- Sui te 1 101

- Baltimore

- Maryland

- 2 1 20 1

Te l : 410.767

. 4500

- Toll Free : 1

. 877 .76 7

. 6272

- TIY u se rs : Maryland R e l ay

- Planning

. M ary l and.gov

## Page 1 of2



## Debbie Rabin- Notice of Public Hearings/Comment Pds- Please confirm receipt

From: 

### Debbie Rabin
To: 

### All County Environmental Health Directors; All County Health Officers;

... 

### Date: 

### 3/18/2013 11:01 AM SUbject: 

### Notice of Public Hearings/Comment Pds

- Please confirm receipt 

## CC: Angelo Bianca; Cristina Fernandez; Dave Campbell; David Arnold; Davi

...

MARYLAND DEPARTMENT OF THE ENVIRONMENT

AIR & RADIATION MANAGEMENT ADMINISTRATION

NOTICE OF PUBLIC HEARINGS/COMMENT PERIODS 

### The Maryland Department of the Environment gives notice of public hearings/comment periods concerning the following proposed actions:

1. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and Regulation .14 under COMAR 26.11.06 General Emission Standards, Prohibitions, and Restrictions 

### to incorporate updated federal standards for the New Source Review (NSR) Prevention of Significant Deterioration (PSD) program. These amendments will provide that future amendments to the federal PSD program will be automatically included in Maryland regulations. This incorporation by reference will add provisions for fine particulate matter and its precursors, provisions to defer inclusion of sources of biogenic emissions under PSD and removes certain grandfathering provisions.

2. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and Regulations .01 and .02 under COMAR 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications 

### to incorporate federal standards for the New Source Review (NSR) program for fine particulate matter and its precursors into the Code of Maryland Regulations (COMAR). Maryland's nonattainment area NSR program applies to major stationary sources and major modifications which are major for PM2.5 or its precursors at facilities located in Baltimore City, Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George's and Washington counties.

3. Amendments to Regulations .02 and .03 under COMAR 26.11.27 Emission Limitations for Power Plants 

### to reinstate the original annual and ozone season emission limits for NOx and annual emission limits for S02 for R. Paul Smith Power Station electric generating units as established under COMAR 26.11.27

- Emission Limitations for Power Plants adopted permanently effective July 16, 2007. This action is in response to a request by R. Paul Smith to the Maryland Department of the Environment to retain its Title V permit although the power plant has ceased operations as of September 1, 2012.



## 4. New Regulations .01-.04 under a new chapter, COMAR 26.11.37 Outer Continental Shelf Air Regulations 

### to adopt regulations which will incorporate by reference the provisions of the Code of Federal Regulations, 40 CFR 55 "Outer Continental Shelf Air Regulations".

Actions #1

- 

### #4 will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementation Plan.

The full text of the proposed amendments will appear in the Marvland Register at http:/lwww.dsd.state.md.us/mdregister/ on April 5, 2013.



### Technical. support documents and additional information are available on the Maryland Department of the Environment's website at the following address: http://www. mde. state. md. us/programs/regulations/air/Pages/regcomments.aspx

Please make these materials available in your office for public review:



## file://C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\5146F419MDE... 3118/2013

## Page 2 of2

Public hearings on these actions will be held on May 7, 2013 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720.

Comments must be received by 5 pm on May 7, 2013. For more information ·or to submit comments, call/e-mail/ fax: Deborah Rabin, Regulations Coordinator, Air and Radiation Management Administration Department of the Environment 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 Telephone: (410) 537-3240 Email: drabin@mde.state.md.us Fax: (41 0) 537-4223

Deborah Rabin, Regulations Coordinator Air 

### & Radiation Management Administration Maryland Dept. of the Environment · 1800 Washington Blvd., Suite 730 Baltimore, MD 21230

Telephone Number: (410)-537-4414



## file://C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\5146F 419MDE... 3/18/2013

### Subject: Created 

### By: Notice of Public Hearings/Comment Pds

- Please confirm receipt drabin@mde.state.md.us 

### Scheduled Date: Creation Date: · From: 3/18/2013 11:01 AM Debbie Rabin

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To: Queen Annes County Health Officer (QA Co Health Transferred 3/18/2013**()ffi~:r!I§~_[),.()F£1<:;~~,__fl_0_:~1.§'::[).,.()FFI<:;_~~2** 11:03 AM To: Somerset County Environmental Health Director (SO Co Env Health**()ir:~to!:~I~[)=()££1£§_~=~()·£~~-LD,. O~(=I_C_~~--**  __ Transferred

To: Somerset County Health Officer (SO Co Health Transferred**Office!£1_§.'::[)-=()(=~~<:;~=PO:(=!~LD =()~~~g~S)** **----~** ___ _ To: St Marys County Environmental Health Director (SM Co Env Health Transferred**Direc~~~~-~'::I:)=()£(=1<:;_§S .,(:l_S):F~~-L_[)=()~(=I~§_~)**  _________ _

To: St Marys County Health Officer (SM Co Health**Offic:':~l~'::[).,_()~~!<:-§~~(:l_():FJ~L[)~()(=(=I~~~)** To: Talbot County Environmental Health Director (TA Co Env Health

_

### [)i!E)~t()~F~_'::[).,.._S)~(=!~~~=~():~!~'::'?~()F~!C_~~) ___ _ To: Talbot County Health Officer (TACo Health

### Offj~r.:~~'::[)=()F~~~~~,_PO~~IEL[).,.._(:>(=£1~~------ To: Washington County Environmental Health Director (WA Co Env Health Director. Fl ELD 

### =**()F(=I<:;E_~=~():(=IEL[),.()F~ICE_~)** _______ _

To: Washington County Health Officer (WACo Health Transferred

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To: Wicomico County Health Officer (WI Co Health Transferred

### <:)ffi~~:f=~§l:D-**O~ICE~ _PO£~LD**  _ <:)FFICESL

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### ------------~ __ _ 11:03AM

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To: Worcester County Environmental Health Director 311812013 (WO Co Env Health Transferred 11 :0 3 AM

### Director.FIEL~D_O£f=I~ES~~f=~-~~.,<:)f=f=~~-~)·~-----~----·~--

To: 

### Ace Adkins (AAdkins@mde.state.md.us)

To: Adam Corry {ACorry@mde.state.md.us)

To: Al Hooker (AHooker@mde.state.md.us)**~** To: Alan Kampmeyer

### -~~_l<amPf!l.*:¥_!r@mde.state.**~:us~~--------·** To: Allison OHanlon (AOHanlon@mde.state.md.us)

CC: Angelo Bianca (abianca@mde.state.md.us)

To: Ann McManus (AMcManus@mde.state.md.us) Delivered

Delivered

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Delivered 3/18/2013 11:01 AM
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### ------------**----····-~···,.·** 

## ·- To: April Stehr (AStehr@mde.state.md.us)

To: Audrey Hansen (AHansen@mde.state.md.us)

To: Barbara Santana (BSantana@mde.state.md.us)

To: Bill Murphy (bmurphy@mde.state.md.us)

To: Brad Metzger (bmetzger@mde.state.md.us)

To: Bradley Nee (BNee@mde.state.md.us)

To: Brennan Greene (BGreene@mde.state.md.us)

BC: Brian Hug (bhug@mde.state.md.us)

To: Brian Littlefield (blittlefield@mde.state.md.us)

To: Byron Fairall (BFairall@mde.state.md.us) Delivered

Delivered

Delivered 3/18/2013 11:01 AM
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·----,.-··--- Delivered

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To: Carlton Washburn (cwashbum@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Charles Poukish (cpoukish@mde.state.md.us)

To: Chris Luckett (cluckett@mde.state.md.us)

To: Dennis Rasmussen**(~rasmu~e_n@~~e:~~t'::rT1~·_lls)** BC: Diana Alegre (dalegre@mde.state.md.us)

To: Elaine Maliniak (EMaliniak@mde.state.md.us)

To: Farah Abi-Akar (FAbi-Akar@mde.state.md.us)

To: Garrett Norris (GNorris@mde.state.md.us) Delivered

Deleted

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file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F419MDE... 3/18/2013BC: Horacia Tablada (htablada@mde.state.md.us)

To: James Forrest (qforrest@mde.state.md.us)

BC: Jed Miller (JLMiller@mde.state.md.us)

BC: Joe Herb Oherb@mde.state.md.us)

To: John Holt (JHolt@mde.state.md.us)

To: John Lynch Olynch@mde.state.md.us)

To: John McKay (JMcKay@mde.state.md.us)

To: Joseph Gay Qgay@mde.state.md.us)

To: Kathleen Bassett (KBassett@mde.state.md.us)

To: Marcia Potter (mpotter@mde.state.md.us)

To: Mitch Welsh (mwelsh@mde.state.md.us)

To: Nicholas Kaltenbach (NKaltenbach@mde.state.md.us) Delivered 3/18/2013 11:01 AM

Delivered 3/18/2013 11:01 AM

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--**-~~-----~~~--·--~~~-·~~··~-~-0>~~** -**-~~-~-~~~** -·-·---**----~~----~---·-----~--~---~--~-·--·~-----~--~~-------**

To: Paul Sudano (psudano@mde.state.md.us)

To: Philip Chaing-Smith (PChiangSmith@mde. state. md. us)

__ , 

### ---------------**---~--~---~ ----~--~-------** **~---~~-----** To: Rob Hill (rhill@mde.state.md.us)

To: Ross Kelly (RKelly@mde.state.md.us)

To: Shawn Lowman (SLowman@mde.state.md.us)

To: Shirley Kirby (SKirby@mde.state.md.us)

To: Steve Hiner (shiner@mde.state.md.us)

To: Susan Tiffany (STiffany@mde.state.md.us)

To: Todd Kamens (Tkamens@mde.state.md.us)

To: William Beatty (wbeatty@mde.state.md.us)

To: William Evans (WEvans@mde.state.md.us)

To: Blake Pritts (BPritts@mde.state.md.us)

To: Cathy Renner (crenner@mde.state.md.us)

To: Charles Hatfield (CHatfield@mde.state.md.us)



### -- To: Chris Pajak (CPajak@mde.state.md.us) Delivered 3/18/2013 11:01 AM

Undeliverable 311812013 11:01 AM

Delivered

Delivered

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To: Chris Westergard (cwestergard@mde.state.md.us) Delivered 3/18/2013 11:01 AM



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To: Connie Loucks (CLoucks@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Dave Pushkar {dpushkar@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Dave Ryder (dryder@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: David Bramble (DBramble@mde.state.md.us) Delivered 3/18/2013 11:01 AM BC: Debbie Rabin (drabin@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Dennis Brown (dbrown@mde.state.md.us) Delivered 3/18/2013 11:01 AM BC: Diane Franks (dfranks@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Don Bradley (dbradley@mde.state.md.us) Undeliverable 311812013 11:01 AM
To: Donna Disharoon (DDisharoon@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Erik Schafer (ESchafer@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Evelyn Stavrou (estavrou@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Finka Cathey (fcathey@mde.state.md.us) Delivered 3/18/2013 11:01 AM BC: Frank Courtright (fcourtright@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Harald Vanaller (hvanaller@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Harry Hunsicker (hhunsicker@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: lan Spotts (ispotts@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: James Craig (JCraig@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Jared Tanaka Otanaka@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Jay Bozman (JBozman@mde.state.md.us) Delivered 3/18/2013 11:01 AM BC: Jay Sakai Osakai@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Jeff Snyder (JSnyder@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Jennifer Jaber Ojaber@mde.state.md.us) Deleted 3/18/2013 11:02AM
To: Joe Kincaid Okincaid@mde.state.md.us) Read 3/18/2013 11:02 AM
To: Joe Mills (JMills@mde.state.md.us) Read 3/18/2013 11:03 AM
To: John Carey (JCarey@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Julie OConnor Ooconnor@mde.state.md.us) Delivered 3/18/2013 11:01 AM BC: Karen Irons (kirons@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Lisa Green (l:Green@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Lisa Trujillo (ltrujillo@mde.state.md.us) Deleted 3/18/2013 11:01 AM
To: Lorri Broadwater (LBroadwater@mde.state.md.us) Delivered 3/18/2013 11:01 AM



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To: Mark Carney (MCarney@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Mark Ecker (mecker@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Mark Hajas (mhajas@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Mary Lynn Pegg (MPegg@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Mary Phipps-Dickerson (MPhipps- Delivered 3/18/2013

### Pic~~~~?~~@mde~tate.md.usL __

### ~~-~~~-"~-<-~-<--~-"~~~-"~~~1**AM~".""--~--~<·~~·~·-~--~-~--~-~~** To: Matt Radcliffe (MRadcliffe@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Maureen Eckard (meckard@mde.state.md.us)

To: Michelle Arrington (marrington@mde.state.md.us)

To: Michelle Walston (MWalston@mde.state.md.us)

To: Mike Garner (MGarner@mde.state.md.us)

To: Nancy Craft (ncraft@mde.state.md.us)

To: Oladapo John (OJohn@mde.state.md.us)

To: Pavia Dilnesahu (PDilnesahu@mde.state.md.us)

CC: Tad Aburn (gaburn@mde.state.md.us)

BC: Bob Rosenbush (BRosenbush@mdp.state.md.us)

CC: Cristina Fernandez (fernandez.cristina@epa.gov)

CC: Dave Campbell (campbell.dave@epa.gov)

CC: David Arnold (arnold.david@epa.gov)

CC: David Talley (talley.david@epa.gov)

CC: Diana Esher (esher.diana@epa.gov)**"<-N~O---·-~-~<·-~-,--~~~-·"~>->-** CC: Donna Mastro (Mastro.Donna@epamail.epa.gov)

CC: Hal Frankford (frankford.harold@epa.gov)

CC: Kathleen Cox (cox.kathleen@epa.gov)

BC: Linda Janey (ljaney@mdp.state.md.us)

CC: Marcia Spink (spink.marcia@epa.gov)

To: Maryland Clearinghouse

### (~~~ril1~h~_u_~~~clp.state)~!ll.~":.~~l.~~**~** ·""·"<

### ~· .. "<< CC: Mike Gordon (gordon.mike@epa.gov)

To: Paul Ferreri (pferreri@mde.state.md.us)

To: Pete Hartman (PHartman@mde.state.md.us) Delivered

Delivered

Delivered

Read

Delivered

Delivered

Forwarded

Delivered

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... 3/18/2013To: Punam Tyagi (ptyagi@mde.state.md.us)

BC: Ralph Hall (rhall@mde.state.md.us)

To: Ralph Mongold (RMongold@mde.state.md.us)

To: Randy Denny (rdenny@mde.state.md.us)

BC: Randy Mosier (rmosier@mde.state.md.us)

To: Ray Karlstrand (RKarlstrand@mde.state.md.us)

To: Rich Wolters (rwolters@mde.state.md.us)

To: Richard Stewart (RStewart@mde.state.md.us)

To: Robert Rushlow (RRushlow@mde.state.md.us) Delivered 3/18/2013 11:01 AM

Delivered 3/18/2013 11:01 AM

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Delivered

Delivered

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To: Ronald Schartiger (RSchartiger@mde.state.md.us) Delivered 3/18/2013 11:01 AM
To: Sarah Harvey (SJHarvey@mde.state.md.us)

To: Scot Nicol (SNicol@mde.state.md.us)

To: Scott Boylan (sboylan@mde.state.md.us)

To: Sean McKewen (SMcKewen@mde.state.md.us)

BC: Sophia Richardson

### (~"i~~rdso~~~ll"l~e:S~~t~:md~~L~···· To: Steve Dawson (SDawson@mde.state.md.us)

To: Tamara Davis (TDavis@mde.state.md.us)

To: Terri Palamaras (tpalamaras@mde.state.md.us)

To: Tim Miller (TMiller@mde.state.md.us)

To: Tom Murray (trnurray@mde.state.md.us)

To: Tracey Thomas (tthomas@mde.state.md.us)

To: Tymika Brown (tkbrown@mde.state.md.us)

To: Waldo Nelson (WNelson@mde.state.md.us)

To: William Fracassi (wfracassi@mde.state.md.us) Delivered

Delivered

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## Debbie Rabin- Notice of Public Hearings/Comment Periods -Please confirm receipt

From: Debbie Rabin
To: Ali Mirzakhalili; Cecily Beall; Diana Esher; John Benedict; Joyce Ep

... Date: 3/18/2013 11:02 AM SUbject: Notice of Public Hearings/Comment Periods

- Please confirm receipt CC: Angelo Bianca; Chris Cripps; Dave Campbell; David Arnold; David Tall. .•

MARYLAND DEPARTMENT OF THE ENVIRONMENT

AIR 

### & RADIATION MANAGEMENT ADMINISTRATION

NOTICE OF PUBLIC HEARINGS/COMMENT PERIODS

The Maryland Department of the Environment gives notice of public hearings/comment periods concerning the
following proposed actions:

1. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and

Regulation .14 under COMAR 26.11.06 General Emission Standards, Prohibitions, and Restrictions to

incorporate updated federal standards for the New Source Review (NSR) Prevention of Significant

Deterioration (PSD) program. These amendments will provide that future amendments to the federal PSD

program will be automatically included in Maryland regulations. This incorporation by reference will add

provisions for fine particulate matter and its precursors, provisions to defer inclusion of sources of biogenic

emissions under PSD and removes certain grandfathering provisions.

2. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and.

Regulations .01 and .02 under COMAR 26.11.17 Nonattainment Provisions for Major New Sources

and Major Modifications to incorporate federal standards for the New Source Review (NSR) program for

fine particulate matter and its precursors into the Code of Maryland Regulations (COMAR). Maryland's

nonattainment area NSR program applies to major stationary sources and major modifications yvhich are
major for PM2.5 or its precursors at facilities located in Baltimore City, Anne Arundel, Baltimore, Carroll,

Charles, Frederick, Harford, Howard, Montgomery, Prince George's and Washington counties.

3. Amendments to Regulations .02 and .03 under COMAR 26.11.27 Emission Limitations for Power

Plants to reinstate the original annual and ozone season emission limits for NOx and annual emission limits



## file://C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\5146F44AMDE... 3/18/2013

## Page 2 of3

for S02 for 

### R. Paul Smith Power Station electric generating units as established under COMAR 26.11.27

-

Emission Limitations for Power Plants adopted perma'nently effective July 16, 2007. This action is in

response to a request by 

### R. Paul Smith to the Maryland Department of the Environment to retain its Title V

permit although the power plant has ceased operations as of September 1, 2012.



## 4. New Regulations .01

- .04 under a new chapter, COMAR 26.11.37 Outer Continental· Shelf Air

Regulations 

### to adopt regulations which will incorporate by reference the provisions of the Code of Federal

Regulations, 40 CFR 55 "Outer Continental Shelf Air Regulations".

Actions #1

- #4 will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementation

Plan.

The full text of the proposed amendments will appear in the Marvland Register at
http://www.dsd.state.md.us/mdregister/ on April 5, 2013.



### Technical support documents and additional information are available on the Maryland Department of the

Environment's website at the following address:

http://www.mde.state.md.us/proqrams/requlations/air/Pages/regcomments.aspx

Public hearings on these actions will be held on May 7, 2013 

### at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720.

Comments must be received by 5 pm on May 7, 2013. 

### For more information or to submit comments, call/e-mail/ fax: Deborah Rabin, Regulations Coordinator, Air and Radiation Management Administration Department of the Environment 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 Telephone: (410) 537-3240 Email: drabin@mde.state.md.us Fax: (410) 537-4223

Deborah Rabin, Regulations Coordinator Air 

### & Radiation Management Administration Maryland Dept. of the Environment 1800 Washington Blvd., Suite 730 Baltimore, MD 21230



## file:/ /C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F44AMDE... 3/18/2013

## Page 3 of3

Telephone Number: (410)-537-4414



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## Page 1 of 1

Subject: Created 

### By: Notice of Public Hearings/Comment Periods

- Please confirm receipt drabin@mde.state.md.us 

### Scheduled Date: Creation Date: From: 3/18/2013 11:02 AM Debbie Rabin

Action Date & Time Comment**~BC:** Carolyn A Jones (CAJones@mde.state.md.us) Delivered 3118/201311:02 AM
To: Transferred 3/18/2013 11:02 AM CC: Chris Cripps (Cripps.Christopher@epamail.epa.gov) CC: Dave Campbell {campbell.dave@epa.gov) CC: David Amold {arnold.david@epa.gov) CC: David Talley (talley.david@epa.gov) BC: Debbie Rabin

BC: Diane Franks Transferred 3/18/2013 11 :02 AM**~~-~~-** Transferred 3/18/2013 11:03 AM 2.0.0 message relayed Transferred 3/18/201311:03 AM 2.0.0 message relayed Transferred 3/18/2013 11:03 AM 2.0.0 message relayed
Delivered 3/18/2013 11 :02 AM Forwarded 3/18/2013 11 :02 AM Transferred 3118/2013 11:03 AM 2.0.0 message**relaye~~** Delivered 3/18/201311:02AM CC: Donna Mastro (Mastro.Donna@epamail.epa.gov) Transferred 3/18/2013 11:02 AM BC: Frank Courtright (fcourtright@mde:state.md.us)**--~"** Delivered 3/18/2013 11:02 AM

BC: Karen Irons CC: Kathleen. Cox ( cox.kathleen@epa.gov)**~:~Kathy** Wehnes (kwehnes@mde.state.md.us) Transferred 3/18/2013 11:03 AM 2.0.0 message relayed
Delivered 3/18/2013 11:02 AM
Read 3/18/2013 11:02 AM Transferred 3/18/2013 11:02 AM Transferred 3/18/2013 11 :02 AM
Delivered 3/18/2013 11 :02 AM**~ ~-~~~** 

Transferred 3/18/2013 11:03 AM 2.0.0 message relayed**~-----** Delivered 3/18/201311:02AM
CC: Marcia Spink (spink.marcia@epa.gov)**---·-~-~~-Transferred** 3/18/2013 11:03 AM 2.0.0 message relayed CC: Marilyn Powers (Powers.Marilyn@epa.gov) Transferred 3/18/2013 11:03 AM 2.0.0 message relayed
To: Michael Dowd (mgdowd@deq.virginia.gov) Transferred 3/18/2013 11 :02 AM**--~~:** Mike Gordon (gordon.mike@epa.gov)**Transferr:~~~8/2013** 1! :03 AM**-~·0** message**relaj'!cl_.~~** BC: Pars Ramnarain (pramnarain@mde.state.md.us) Read 3/18/2013 11 :03 AM BC: Ralph Hall (rhall@mde.state.md.us) Delivered 3/18/2013 11 :02 AM

-

_

### _13C~**Ra~dy** Mosier

### (rrnosie~@_mde.state.md~.U~~-- ---

### ·~De_liv~e~re~d~~-31_1_81~_01_3**~!:0~2~A~M-~~---~··--·-~·----** CC: Tad Abum (gabum@mde.state.md.us) Delivered 3/18/2013 11:02 AM



## file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F44AMDE... 3/18/2013