MDE 

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 such 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 operations and which are included in an applicable air 

quality permit to construct, permit to operate, secretarial 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 

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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 responsible for the completion and certification of the 

emissions statement required in Regulation .05-1 of this chapter. 

(6-1) CO2 Equivalent Emissions (CO2e). 

(a) “CO2 equivalent emissions (CO2e)” means the amount of GHGs emitted. 

(b) “CO2 equivalent emissions (CO2e)”shall be computed as follows: 

(i) Except as stated in §B(6-1)(b)(iii) of this regulation, multiply the 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 CO2e; and 

(iii) Prior to July 21, 2014, the mass of the greenhouse 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 industries 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 discharges into the atmosphere through a stack, duct, hood, 

flue, or other conduit. 

(9) "Continuous emission monitor (CEM)" means a system 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 subtitle to continuously measure and record the opacity 

of emissions as six-minute averages of not greater than 15 second 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 officer" means: 

(a) The health officer of Allegany, Anne Arundel, Calvert, Caroline, Carroll, Cecil, Charles, Dorchester, 

Frederick, Garrett, Harford, Howard, Kent, Prince George's, Queen Anne's, St. Mary's, Somerset, Talbot, 

Washington, or Wicomico County; 

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(b) The Commissioner of Health of the City of Baltimore, 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 Society 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 limited 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 emissions 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 (CO2); 

(b) methane (CH4); 

(c) nitrous oxide (N2O); 

(d) sulfur hexafluoride (SF6); 

(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 characteristics of emissions from the source or installation. 

However, this term excludes routine maintenance and routine repair, and increases in the hours of operation 

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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 Deterioration regulations adopted or enforced by the 

Department, the federal definitions of the terms "modification" 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 Standard source (NSPS source)" means any source which is subject to 40 

CFR Part 60, as amended. 

(24) "New Source Review source (NSR source)" means any major stationary source or major modification 

subject to the requirements of COMAR 26.11.17. 

(24-1) "NOx Ozone Season Allowance" means a CAIR NOx 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 property of an emission which stimulates the sense of smell. 

(26) "Opacity" means the degree to which emissions reduce 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 (NOx)" means compounds of nitrogen comprised of nitric oxide (NO) and 

nitrogen dioxide (NO2), expressed as equivalent molecular weight of NO2. 

(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. 

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(30-1) “PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 

micrometers. 

(30-2) "PM2.5 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) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 

micrometers. 

(32) "PM10 emissions" means finely divided solid or liquid materials with an aerodynamic diameter less 

than or equal to a nominal 10 micrometers, 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 maximum 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 modified 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 (RACT)" means the lowest emissions limit that a 

particular source is capable of meeting by the application of control technology that is reasonably available 

considering technological and economic feasibility. 

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(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 Secretary 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 measured 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 establishments according to the type of economic activity in 

which they are engaged. 

(48) "True vapor pressure (TVP)" means the vapor pressure of a material at storage temperature, where 

storage temperature is the maximum monthly average 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 displaced as the liquid is transferred from one tank to the 

other. 

(52) "Vapor pressure" means the total equilibrium partial pressure or pressures for any given chemical or 

mixture at a given temperature. 

(53) "Volatile organic compound (VOC)" means any organic 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. 

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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 operation, 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 which 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-specific allowable emissions for the emissions unit are 

equivalent to the actual emissions of the unit. 

(2) "Allowable emissions" means the emissions rate calculated using the maximum rated capacity of the 

source, unless the source is subject to federally enforceable limits which restrict 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 

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(c) The emissions rate specified as a federally enforceable 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 immediately preceding the date on 

which a complete application was submitted. The Department may approve a different period upon a 

demonstration that it is more representative 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 complete 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, shall equal the unit's potential to emit. 

(e) For a PAL for a major stationary source, the baseline 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 reductions was taken in an attainment demonstration or 

maintenance plan. 

(iii) When a project involves multiple emissions units 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 

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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 be 

emitted from any proposed major stationary source or major modification which the Department, on a caseby-case basis, taking into account energy, environmental, 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 allowed 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 practice, or operation, and shall provide 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 providing steam to a steam electric generator 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 permanent, enforceable, quantifiable reduction in actual 

emissions, occurring on or after January 1, 2003, which is surplus to all applicable State and federally 

enforceable requirements to be used to offset emission increases. 

(b) "Emissions reduction credit (ERC)" does not constitute 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 requirements 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 incorporated 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 emissions unit, the more stringent rate of emissions 

based on the following: 

(i) The most stringent emissions limitation which is contained in the implementation 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 applied 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 significant emissions increase and a significant net emissions 

increase of any regulated NSR pollutant. 

(b) Any significant emissions increase from any emissions unit or net emissions increase at a major 

stationary source that is considered significant for volatile organic compounds or NOx is considered 

significant for ozone. 

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(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 NOx for sources located in Baltimore City or Anne Arundel, 

Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, 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, Somerset, 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 PM10 in any serious nonattainment area for PM10. 

(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 major stationary source, if the change would constitute a 

major stationary source by itself. 

(c) A major stationary source that is major for volatile organic compounds or NOx is considered major for 

ozone. 

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(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 sum 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 within the 5-year period preceding 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 creditable 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 decrease 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 particular pollutant. Any replacement 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 change 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 annual 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 the 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 significant 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 activity, 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 quantifiable and emissions associated 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 increased 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, PM2.5 and PM10 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 PM2.5 and PM10 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 organic compounds are precursors of ozone in all ozone nonattainment 

areas. 

(b) Nitrogen oxides and sulfur dioxide are precursors of PM2.5 in all PM2.5 nonattainment areas. 

(25) "Replacement unit" means an emissions unit 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 the 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 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) 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, Somerset, Talbot, Washington, Wicomico, and Worcester counties. 

(c) PM2.5 emissions: 10 tpy; 

(d) Sulfur dioxide: 40 tpy; 

(e) Lead: 0.6 tpy; 

(f) PM10: 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 specified otherwise throughout this Chapter, to: 

14
(1) New major stationary sources and major modifications that are major for VOC or NOx; 

(2) New major stationary sources and major modifications that are major for PM2.5 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; 

(3) Any new major stationary source or major modification 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 modifications that are major for VOC or NOx 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 after 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 Prevention 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 increase. If the project causes a significant 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 Projects 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 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 exceeds 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) 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. 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 attainment 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 minimum, exceed the following significance levels at any 

locality that does not or would not meet the applicable national standard: 

Averaging Time (hours) 

Pollutant Annual 24 8 3 1 

SO2 1.0 μg/m3

 5.0 μg/m3 25 μg/m3

PM10 1.0 μg/m3

 5.0 μg/m3 

NO2 1.0 μg/m3

 

CO 0.5mg/m3 2.0 mg/m3

(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. 
TECHNICAL SUPPORT DOCUMENT

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 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 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 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, Carroll, 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 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 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 welfare-based (secondary) standards identical to the 

primary standards. 

Epidemiological studies measuring health effects associated with PM2.5 have shown a 

significant correlation between elevated PM2.5 levels and premature mortality. Other important 

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 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 PM2.5 NAAQS (70 FR 65984). Details 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 April 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, significant 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 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 (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 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 

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, Howard, Montgomery, Prince George's and Washington 

counties, 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) 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 number 

of sources would have been affected by this regulation. 

Of the ten (10) sources reporting 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, Nonattainment Provisions for Major New Sources and 

Major Modifications, reflecting the amendments 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 Stationary Source threshold for PM2.5 and its precursors 

is 100 tpy; and 

•The emission rate applicable to Major Modification for PM2.5 is 10 tpy direct PM2.5, 40 tpy of 

 2
SO2 and 40 tpy of NOx. 

Nonattainment NSR requirements include, but are not limited to: 

•Installation of Lowest Achievable Emission Rate (LAER) control technology; 

•Offsetting new emissions with 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 PM2.5 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 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, the 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 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 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. 

 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 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 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. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small businesses. 
PROPOSED 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 emits 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 Prevention 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 Greenhouse Gas 

Tailoring Rule‖ (75 FR 31514) and the ―Deferral for CO2 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. SUMMERS, 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 

Administrative 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 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 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, Carroll, Charles, Frederick, Harford, Howard, 

Montgomery, Prince George‘s and Washington counties.

These amendments will be submitted to the U.S. Environmental 

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 PM2.5 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 welfare-based (secondary) standards identical to the 

primary standards. 

Epidemiological studies measuring health effects associated with 

PM2.5 have shown a significant correlation between elevated PM2.5

levels and premature mortality. Other important 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 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 PM2.5 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 

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, significant 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 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 (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. 

Sources Affected and Location 

Section I.A. of 73 FR 28321 identifies 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 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, Howard, Montgomery, Prince George‘s 

and Washington counties, 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) PM2.5. Evaluating this, these sources, if newly locating to 
PROPOSED 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 reporting 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, Nonattainment 

Provisions for Major New Sources and Major Modifications, 

reflecting the amendments 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 Stationary Source 

threshold for PM2.5 and its precursors is 100 tpy; and 

• The emission rate applicable to Major Modification for PM2.5 is 

10 tpy direct PM2.5, 40 tpy of SO2 and 40 tpy of NOx.

Nonattainment NSR requirements include, but are not limited to:

• Installation of Lowest Achievable Emission Rate (LAER) 

control technology;

• Offsetting new emissions with 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 PM2.5 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 proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. 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 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 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 

agencies: 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 PM2.5 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 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.

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 problems 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 Boulevard, 1st Floor Conference 

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

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

Deborah Rabin, Regulations Coordinator, Air and Radiation 
PROPOSED ACTION ON REGULATIONS

625

MARYLAND REGISTER, VOLUME 40, ISSUE 7, FRIDAY, APRIL 5, 2013

Management Administration, Department of the Environment, 1800 

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

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

not later than May 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 quality control offices; and 

local health departments in those counties not having separate air 

quality control offices.

Anyone needing special accommodations at the public hearing 

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

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258.

26.11.01 General Administrative Provisions

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

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

.01 Definitions. 

A. 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)

(30-1) “PM2.5” means particulate matter with an aerodynamic 

diameter less than or equal to a nominal 2.5 micrometers. 

(30-2) “PM2.5 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) — (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 

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, PM2.5 and PM10

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 PM2.5 and PM10 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 organic compounds are 

precursors of ozone in all ozone nonattainment areas.

(b) Nitrogen oxides and sulfur dioxide are precursors of 

PM2.5 in all PM2.5 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 NOx: 

(i) 25 tons/year in Baltimore City or Anne Arundel, 

Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, 

Howard, Montgomery, or Prince George‘s counties; 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; 

(ii) Sulfur dioxide—40 tons per year; 

(iii) Lead—0.6 tons per year; and 

(iv) PM10—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, 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, Somerset, Talbot, Washington, Wicomico, and Worcester

counties. 

(c) PM2.5 emissions: 10 tpy; 

(d) Sulfur dioxide: 40 tpy;

(e) Lead: 0.6 tpy;

(f) PM10: 15 tpy; and

(g) Carbon monoxide: 100 tpy.

(27) (text unchanged) 

.02 Applicability. 

[A. This chapter applies Statewide to:] 

A. This chapter applies Statewide, unless specified otherwise 

throughout this Chapter, to:

(1) New major stationary sources and major modifications that 

are major for VOC or NOx;

(2) New major stationary sources and major modifications that 

are major for PM2.5 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) 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 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 NOx

attainment areas may also be subject to the Prevention of Significant 

Deterioration requirements in COMAR 26.11.06.14.]

E. (text unchanged) 

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 increase. If the project causes a 

significant emissions increase, then the project is a major 
PROPOSED ACTION ON REGULATIONS

626

MARYLAND REGISTER, VOLUME 40, ISSUE 7, FRIDAY, APRIL 5, 2013

modification only if it also results in a significant net emissions 

increase.

(2) Applicability Tests.

(a) Actual-to-Projected-Actual Applicability Test for 

Projects 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 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 

exceeds the significant amount for that pollutant.

(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) 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 10-1002, 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 NOx and annual emission limits for 

SO2for 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 (MDE) to retain its Title V permit although the 

power plant has ceased operations as of September 1, 2012. 

This action will 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 without 

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 must 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 regulations 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 

facility 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. Paul 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 wishes 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 

standards.

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 coalfired boilers (unit 3 and unit 4). 

Requirements

The proposed amendments will reinstate the following annual and 

ozone NOx and annual SO2 emission limits for R. Paul Smith, 

effective September 1, 2012:

1. An annual emission limit of 55 tons of NOxfor unit 3 and 288 

tons of NOxfor unit 4; 

2. An ozone season emission limit of 22 tons of NOxfor unit 3 and 

118 tons of NOxfor unit 4; and

3. An annual emission limit of 124 tons of SO2for unit 3 and 644 

tons of SO2for 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 stricter 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 minimal or no economic impact on small 

businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

The Department of the Environment will hold a public hearing on 

the proposed action on May 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

Volume 40 • Issue 13 • Pages 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 State 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 information 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 Rules

 • 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 interest

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.

CODE 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 least 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 it. 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 Maryland 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 depository 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 is 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 temporary 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.

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the back pages of the Maryland Register. Single issues of the 

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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 appearing 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 issue 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)

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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, by the State of Maryland, Division of 

State Documents, State House, Annapolis, Maryland 21401. The subscription 

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 Ramsey, 

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 purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic 

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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 Resources ......................... 1073, 1079

09 Department of Labor, Licensing, and Regulation . 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 the 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

09 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 PROGRAMS

Case Management for Individuals with Developmental 

 Disability...................................................................... 1074

Targeted Case Management for People with Intellectual 

 and Developmental Disabilities.................................... 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 PORTFOLIO 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 NATURAL 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 HEALTH 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-Inclusive 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 Services Waiver for 

 Children with Autism Spectrum Disorder..................... 1084

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

Maryland Medicaid Managed Care Program: Definitions 1084

Maryland Medicaid Managed Care Program: Eligibility 

 and Enrollment ............................................................. 1084

Maryland Medicaid 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

MARYLAND 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 Provisions....................................... 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 Notice of Early Voting.......................................... 1099

Errata

13A.16.01.02 ....................................................................... 1100

13A.16.03.03 ....................................................................... 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

GOVERNOR‟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 ELECTRICIANS

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 Notice 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

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

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

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

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

COMMISSION ON KIDNEY DISEASE

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

DIVISION OF LABOR AND INDUSTRY/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, FRIDAY, 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 regulations 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 Legislative 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 contains 

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 Documents‟‟

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

December 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 

before 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 regulations, 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 found 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 number, 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 “(ibr)”. 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)

10.07.05.04 • 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, FRIDAY, 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 • 40:11 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. 801 (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 (11-2-12)

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 EDUCATION

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 AGENCIES

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 ATLANTIC 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)

33.08.05.01—.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)

33.09.05.02—.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 (5-31-13)

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 • 40:13 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)

36.03.05.01—.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

EDUCATION

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, 2013

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 

members 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. Code 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 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 reappoint the Board‟s eight nonstudent members. 2

I

Background

The process of becoming and being retained 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, unless 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 statutory 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 is 

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 also 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 provision 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, subsections (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) applicable 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 statutory 

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). 

The 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 

subsections (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

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

A. The 2007 Legislation

Until 2007, the statute governing membership on the Board 

called 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 Nominating 

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.” 2007 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 county 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 

appointment 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 process 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 Anne 

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 second 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, Chair, Anne Arundel County School Board Nominating 

Commission (April 8, 2010) (“2010 Advice Letter”).

completion 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 contains 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 effect “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 stand 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 this 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 members, the 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, 2010 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 

requires a retention vote of 

the people to be reappointed 
THE 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 election 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 seeking 

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; 

therefore, 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 member 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, House 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-year 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 seeking a 

first or second term—and require that they be nominated (or renominated) 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 member 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 reappoint 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 renominated 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 manner 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’Donnell, 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 Opinions 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 meetings 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 (2013)

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, Complainants

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 involving 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 Lane, 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 certify 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 deleted 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 regulations become 

effective immediately, or at a later time specified by the Committee. 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 more conditions, 

including a time limit. During the time 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 emergency regulations ends. 

When emergency 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 Administrative, 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 Hygiene
1073

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.

Title 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 

Regulations; 

(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 COMAR 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 Aquaculture 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

09.12.81 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

Commissioner of Labor and Industry

Subtitle 14 STATE ATHLETIC 

COMMISSION

09.14.04 Safety and Health Standards for 

Contestants

Authority: Business Regulation 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 Standards 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 Commission
FINAL ACTION ON REGULATIONS

1074

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

Subtitle 14 STATE ATHLETIC 

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 adopted 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 Facilities 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 Developmental 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 been 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 

changes 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 regulation 

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) and 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, outcomedirected service plan [[as defined in COMAR 10.22.05]] that is 

developed and revised by the resource coordinator [[with direction 

from the individual 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 participant 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 forth 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 

community 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 participate 

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 care complaints [[as set forth 

in DDA policy]] as required 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 chapter, 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 website]] 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 Requirements. 

(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 text 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 completed 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-toface assessment of the participant, preferably at the participant’s 

residence, to review:

(a)—(n) (proposed 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 

selection 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 the 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. Service 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 text 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 Hygiene
FINAL 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 Regulations .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 Permit 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. SHARFSTEIN, M.D.

Secretary of Health and Mental Hygiene

Title 15 

DEPARTMENT OF 

AGRICULTURE

Subtitle 05 PESTICIDE USE CONTROL

15.05.01 Use and Sale of Pesticides, Certification 

of Pesticide Applicators and Pest Control 

Consultants, and Licensing of Pesticide 

Businesses

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

Code of Maryland 

Notice of Final Action

[13-017-F] 

On June 18, 2013, the Secretary of Agriculture adopted 

amendments to Regulations .01 and .14 under COMAR 15.05.01 

Use 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 FOUNDATION

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 proposed 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 Credit.

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 

amendments 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 the Environment
FINAL 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, which 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. 

Effective 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 Environment
1078

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 withdraws 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 COMAR 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 Environment
1079

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. Menhaden 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 

requirements. 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 developed 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 requirements 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 Economic 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. On 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 effects 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 inside 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 action, 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 public comment 

must be held open for at least 30 days after the proposal is published in 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. Final 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 changes 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 any 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 operation 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 commercial 

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 by 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 lost 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 of 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 have 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 Chesapeake 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 quantifying 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 Taylor 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 Resources Article, §§4-206 and 4-2A-03, Annotated Code 

of Maryland

.07 Atlantic Menhaden.

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 menhaden.

(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 issued in 

accordance with §F of this regulation.

D. Atlantic Menhaden Bycatch Allowance Landing Permits.

(1) An individual may apply for an Atlantic menhaden bycatch 

allowance landing permit if, as of February 18, 2013, the individual 

had a pound net site registered 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 menhaden 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 

menhaden under an Atlantic menhaden bycatch allowance 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 an Atlantic menhaden landing permit shall report in the 

manner specified by the Department.

(2) The Department may suspend the holder of an 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 for an 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 section 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 Threatened 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)—(15) (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 Resources
PROPOSED 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 Regulation 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 considered 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 permissive 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 Disabilities

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 less 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 nanograms 

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, or 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 quantitated 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 carboxydetomidine 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 of 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 nanograms 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 quantitated 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 serum; 

V. Prednisolone quantitated 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 

milliliter of blood plasma or serum;

Z. Stanozolol quantitated at not more than 1 nanogram per 

milliliter of urine; 

AA. Nandrolone quantitated 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 20 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 the 

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. Notwithstanding 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 

body[.] :

(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 prescribed 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 medication 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 stewards 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 

announcing 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 not 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 and 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 the 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 hazards; 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 health 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 

apprised 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 with 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 plan 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 

modifications 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. Summary 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 

corresponding 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.

Revenue (R+/R-)

II. Types of Economic 

Impact.

Expenditure 

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State 

agencies: NONE

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated 

industries or trade groups: (-) 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 estimated 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 they 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 revisions 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

Comments 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

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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 1926, 

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

10.09.04 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 COMAR 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 the 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 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 800-735-2250), 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)—(15) (text unchanged) 

(16) “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.

[(16)] (17)—[(27)] (28) (text unchanged)

.03 Conditions for Participation. 

A.—B. (text unchanged) 

C. Plan of Treatment. 

(1)—(2) (text unchanged) 

(3) The attending physician shall [sign]:

(a) Sign and date the initial plan of treatment [before the 

provider seeks reimbursement from the Program];and 

(b) Document 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 discharge 

from a hospital or post-acute setting, the attending acute or postacute physician or nonphysician practitioner shall document the 

clinical findings of the face-to-face encounter. 

[(4)] (5) (text unchanged)

D. (text unchanged)

.07 Payment Procedures.

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 AllInclusive 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 Program;
PROPOSED ACTION ON REGULATIONS

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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 

Spectrum 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

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 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.

10.09.06 Hospital Services

Authority: Health-General Article, §§2-104(b), 15-102.8, 15-103, 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 

conditions (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 Billing 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 acute 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 from 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 Article, §§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 Stateoperated [mental retardation] facilities serving 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 unchanged)

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 intellectually 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 services 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 light 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 conditions 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 facility 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, tuberculosis 

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 unchanged)

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 Financial 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 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 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 workrelated 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 

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) Determination 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 documented workrelated 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 

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)

(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 unchanged)

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 

retardation] 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 Definitions.

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 conditions (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, and 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, if 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 Conditions 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 intermediate care facility for the [mentally retarded] 

intellectually disabled and persons with related conditions [(ICFMR)] (ICF/IID)—initial determination and redetermination, at least 

annually;

(iii)—(vii) (text unchanged)

(6)—(7) (text unchanged)

C. (text unchanged)

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 unchanged)

(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] 

intellectual 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 professional;

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

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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 Intellectual 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 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.

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) “Individual 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 

diagnosis 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 (ICFMR)] individuals with intellectual disabilities or persons with related 

conditions (ICF/IID)” means a residential facility providing care and 

services for individuals 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 an 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 unchanged)

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. Authorization 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 intellectual 

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 

Maryland

.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 established 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] intellectual 

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 Hygiene
PROPOSED ACTION ON REGULATIONS

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

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 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 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 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 harvest.]

(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 permittee 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 from 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] comply 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 Pharmacy. 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, 2013, 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 operating 

under one hospital pharmacy permit. The Board has concerns that 

many times these outlying pharmacy areas, or decentralized 
PROPOSED ACTION ON REGULATIONS

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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 pharmacy 

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 “pavilion”, 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 economic 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 numerous 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 increased 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 agency: (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 pharmacies, 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 

will 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 $700 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 proposed 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 512, 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 unchanged)

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) Staffing 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 pharmacy.

(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, verbally 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 decentralized 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 that meets the definition as set forth 

in this chapter may operate under the same permit as the institutional 

pharmacy located in the same building or pavilion.
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MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013

D. If full service pharmacy services are provided to discharge 

patients, employees, clinic patients, or others, an institutional 

pharmacy shall obtain a full service pharmacy permit.

E. Any other pharmacy that does not meet the requirements of a 

decentralized pharmacy and is located on the campus or affiliated 

with an institutional pharmacy shall be separately 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] institutional 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 decentralized 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 immediately 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 regulation, 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 be 

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 over 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 shared 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 of 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) Prohibit 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 Proposed Action

[13-175-P]

The Maryland Energy Administration proposes to amend 

Regulations .02, .09, and .11, repeal existing Regulations .01 and 

.03—.07, and adopt new Regulations .01, .03—.07, and .12 under 

COMAR 14.26.04 Clean Energy Grant Program. 

Statement 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 Individuals 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

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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 Maryland 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 use 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) “Individual” 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, or 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 requirements 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 specified 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 tub, 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 hot 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 Energy Conversion Technologies and Systems. 

(a) “Clean energy conversion technologies and systems”

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 energy conversion technologies and systems”

includes but is not limited to: 

(i) Solar electric (photovoltaics) technologies that 

convert sunshine 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 into 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 Administration 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 nonresidential 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 contract 

with an individual, another business, a nonprofit organization, or a 

unit of local government for the installation of a purchased and/or 

leased clean energy conversion technology or system that meets the 

eligibility criteria established by these regulations. 

(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 entity 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.
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MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013

(13) “Primary residence” means an applicant’s principal 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 configuration” means the manner in which a 

clean energy conversion technology or system is designed, sized, 

configured, and installed to serve eligible buildings and facilities. 

(16) Residential Property.

(a) “Residential property” means property whose primary 

purpose 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 the 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, Annotated 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 and conditions of a Clean 

Energy Grant. 

C. All grants are awarded on a discretionary basis and shall 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 goals.

.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) Registered 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 nonprofit 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 clean 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) Located 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, mixed-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 trust; 

(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 merchant, 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 project 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 installed in a 

commercial project on an eligible commercial 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 Regulation .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 clean energy conversion technology or system; 

(4) Type 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 category 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 publish a notice in eMaryland Market 

Place, the Maryland Register, and other media to develop widest 

dissemination.
PROPOSED ACTION ON REGULATIONS

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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 unchanged)

(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 Innovative 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 factors 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. Grant applicants 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 and 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 national 

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 installation 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 American 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 compliance 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 certification. 

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 Protection 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 expansion 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 call 

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

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

.01 Buffer.

A.—C. (text unchanged) 

D. Authority of Secretary; Scope; Alternative Procedures 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 buffer 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 regulation 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 preclude a subdivision of the 

property at a density of one dwelling unit per 20 acres or an intrafamily 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 wetland, 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 January 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 hydric soil,] but not in 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, 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 “personal 

identification number”.

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, 

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.

.02 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(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 identification card; [or]
PROPOSED ACTION ON REGULATIONS

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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 Requests. 

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 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 signature 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, 

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.

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 voter” 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 Statewide VRA—Contents. 

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 unchanged)

(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) The 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 applicant’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 or 

MVA identification card number, the applicant shall enter the last 

four digits of the applicant’s Social Security number.

(4) The online voter registration system shall immediately 

verify the information required in §A(2) of this regulation with 

information 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

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

B. Required 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 Maryland 

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 effect 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, and 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 information, 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—Production 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] application 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, 

provide 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 register 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 

current 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 

received MVRAs and the applicants’ digitized signatures daily.

C. (text unchanged)

33.05.04 Processing 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 last four digits of the individual’s Social Security 

number.

C.—D. (text unchanged)

LINDA H. LAMONE

State Administrator of Elections
PROPOSED ACTION ON REGULATIONS

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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, and 

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 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 

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.

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 Regulation .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 

the 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 received 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 receiving 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] Request. 

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. Dissemination 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 

ballot 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 application 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 Social Security 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 Social Security 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 verifies 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 request 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 election 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 application 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) [The 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. Electronic Transmissions. A local board may issue a late 

application form by electronic transmission.]

33.11.03 Issuance 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 envelope 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. Request 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 envelope]

that personal identification information is required.

LINDA H. LAMONE

State Administrator of Elections

Subtitle 17 EARLY VOTING

33.17.03 Public Notice of Early Voting

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. 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 establish 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 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 

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 week 

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 Elections
1100

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, which 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, 2013), 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 committed 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: September 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 RESTORATION 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 Meeting

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]

PROFESSIONAL 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. Calvert 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 for 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 appropriation 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 order 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 Health 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: Delivery of targeted case 

management under Medicaid for three 

target populations of people with 
GENERAL 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. 

For 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 increase 

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 Maryland 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-

1750

[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. Additionally, the State is 

changing two performance measures 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, DHMH, 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

[13-13-42]

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 to 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 

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: 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 July 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 than 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 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

[13-13-44]

BOARD OF HEATING, 

VENTILATION, AIRCONDITIONING, 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 

should be submitted to Ms. Fisher‟s 

attention no later than July 15, 2013. 

Individuals who require reasonable 

accommodations to participate in the 
GENERAL 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 Workgroup 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.

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

[13-13-20]

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 of the Workgroup on 

Access to Habilitative Services Benefits

Contact: Tinna Damaso Quigley (410) 

468-2202

[13-13-22]

COMMISSION ON KIDNEY DISEASE

Subject: Public Meeting

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, revisions 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

Subject: 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 Fertility 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 

application. 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.

Contact: Ruby Potter (410) 764-3276

[13-13-34]

GOVERNOR’S COMMISSION ON 

MARYLAND MILITARY 

MONUMENTS

Subject: Public Meeting

Date and Time: July 11, 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/FISHERIES 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 modification 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 based 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 designed 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 level 
GENERAL 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, Annotated 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 interpreters/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 

subject 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 with 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

Subject: 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. This 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 feet 

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 Airport 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

[13-13-32]

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: Public 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]
 

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CODE OF MARYLAND REGULATIONS 

Titles 10, 11, and 26 consist of more than one volume. Each volume may be purchased separately. 

Title 10 

Department of Health and Mental Hygiene: Part & Subtitles 

Part 1 

01 Procedures 

02 Division of Reimbursements 

03 Health Statistics 

04 Fiscal 

05 Freestanding Ambulatory Care Facilities 

06 Diseases 

07 Hospitals 

08 Health Facilities Grants

Part 2 

09 Medical Care Programs 

Part 3 

10 Laboratories 

11 Maternal and Child Health 

12 Adult Health 

13 Drugs 

14 Cancer Control 

15 Food 

16 Housing 

17 Sanitation 

18 Human Immunodeficiency Virus (HIV) Infection and 

 Acquired Immunodeficiency Syndrome (AIDS) 

19 Dangerous Devices and Substances 

20 Kidney Disease Program 

21 Mental Hygiene Regulations 

22 Developmental Disabilities 

Part 4

23 Advance Directive Registry 

24 Maryland Health Care Commission 

25 Maryland Health Care Commission 

26 Board of Acupuncture 

27 Board of Nursing 

28 Board of Examiners in Optometry 

29 Board of Morticians and Funeral Directors 

30 Commission on Kidney Disease 

31 Health Occupation Boards 

32 Board of Physicians 

33 Board of Examiners of Nursing Home Administrators 

34 Board of Pharmacy 

35 Postmortem Examiners Commission 

36 Board of Examiners of Psychologists 

Part 5 

37 Health Services Cost Review Commission

38 Board of Physical Therapy Examiners 

39 Board of Nursing – Certified Nursing Assistants 

40 Board of Podiatric Medical Examiners 

41 Board of Examiners for Audiologists, Hearing Aid 

 Dispensers, and Speech-Language Pathologists 

42 Board of Social Work Examiners 

43 Board of Chiropractic and Massage Therapy Examiners 

44 Board of Dental Examiners 

45 Maryland Community Health Resources Commission 

46 Board of Occupational Therapy Practice 

47 Alcohol and Drug Abuse Administration 

48 Child Abuse and Neglect Medical Reimbursement Program 

49 State Anatomy Board 

50 Tissue Banks 

51 Forensic Laboratories 

52 Preventive Medicine 

53 Board of Nursing—Electrology Practice Committee 

54 Special Supplemental Nutrition Program for Women, 

 Infants, and Children (WIC) 

55 State Board of Spinal Cord Injury Research 

56 Board of Dietetic Practice 

57 Board for Certification of Residential Child Care Program 

 Professionals 

58 Board of Professional Counselors and Therapists 

59 Catastrophic Health Emergencies 

Title 11 

Department of Transportation – Volume & Subtitles 

Volume 1 

01 Office of the Secretary 

02 Transportation Service Human Resources System 

03 Maryland Aviation Administration 

04 State Highway Administration 

05 Maryland Port Administration 

06 Mass Transit Administration 

07 Maryland Transportation Authority 

08 State Railroad Administration 

09 Vacant 

10 Vacant 

Volume 2 and Volume 3 

11 Motor Vehicle Administration – Administrative Procedures 

12 MVA – Licensing of Businesses and Occupations 

13 MVA – Vehicle Equipment 

14 MVA – Vehicle Inspections 

15 MVA – Vehicle Registration 

16 MVA – Vehicle Operations 

17 MVA – Driver Licensing and Identification Documents 

18 MVA – Financial Responsibility Requirements 

19 MVA – School Vehicles 

20 MVA – Motorcycle Safety Program 

21 MVA – Commercial Motor Vehicles 

22 MVA – Preventive Maintenance Program 

23 MVA – Drivers’ Schools, Instructors, Driver Education Program 

Title 26 

Department of the Environment – Part & Subtitles 

Part 1 

01 General Provisions 

02 Occupational, Industrial, and Residential Hazards 

03 Water Supply, Sewerage, Solid Waste, and Pollution Control 

Planning and Funding 

04 Regulation of Water Supply, Sewage Disposal, and Solid Waste 

05 Board of Well Drillers 

06 Waterworks and Waste Systems Operators 

07 Board of Environmental Sanitarians 

Part 2 

08 Water Pollution 

09 Maryland CO2 Budget Trading Program 

10 Oil Pollution and Tank Management 

11 Air Quality 

12 Radiation Management 

Part 3 

13 Disposal of Controlled Hazardous Substances 

14 Hazardous Substance Response Plan 

15 Disposal of Controlled Hazardous Substances ―

 Radioactive Hazardous Substances 

16 Lead 

17 Water Management 

18 Susquehanna River Basin Commission 

Part 4 

19 Oil and Gas Resources 

20 Surface Coal Mining and Reclamation under 

 Federally Approved Program 

21 Mining 

22 Coastal Facilities Review 

23 Nontidal Wetlands 

24 Tidal Wetlands 

25 Ballast Water Management 

26 Community Right-to-Know Fund 

27 Hazardous Material Security 

Last Updated 2/2013 
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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 Air 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 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, 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 precursors 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 

. 

Sources Affected and Location 

2 
3 

ection I.A. of 73 FR 28321 identifies the following 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 than 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 Modification 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 Emission 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 PM2 . 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 

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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 

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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 

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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 

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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 

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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 

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,. 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 

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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 

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.. ... ·. 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 

12 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. 

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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, 

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' 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 

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.. 

., 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) sources 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) 

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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. 

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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 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

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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 

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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 Relay Service 

 

Martin O’Malley 

Governor 

Anthony G. Brown 

Lieutenant Governor 

 March 15, 2013 

CERTIFICATE OF PUBLICATION 

This is to certify that the “Maryland Department of the Environment (MDE) Notice of Public 

Hearings/Comment Periods Concerning Proposed Amendments 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 supporting 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, Regulations Coordinator of the Air and 

Radiation Management Administration 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 

• MOE Calendar 

The complete listing of MOE publie meetings and hearings i.s posted in the MOE Calendar. Please call or email contact pel'$on cited in 

the meeting detai!.s for any questions or to send a oomment. 

• Maryland Environmental ReQulations 

Public: hearings, meetings, and re<~ e.st for comments related to Matylarw:l environmental regulations are atso posted at the Air 

Rtoulttjgns, Water gegulotions and Lfnd Btoulat$gns sections of this website. 

• Notice of Public Hearings/ Comment Periods Concerning Proposed Amendments and New Regulations to Air 

Quality Regulations 

The Maryland 0el)3rtment of the Environment gives notice of public: hearing:/ comment periods eoneeming the following propo~d 

actions: 

t. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and Regulation .14 under COMA.R 

26.11.06 General Emission Standards, Prohibitions, and Restrictions to incorporate updated federal standards for the New 

Source Review (HSR) Prevention of SignifJeant Deterio ration (PSO) program. These amendments will provide that future 

amendments to the federal PSO program will be automatically included in Maryland regulations. This incorporation by 

reference will add provisions for fine particulate matter and its precut'$Ot$, provisions to defer inclusion of $0urees of 

biogenic emissions under PSO and removes certain grandfathering provisions. (See Technicol Supoort. ()ocyment) 

2. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and Regulations .01 and .02 

under COMA.R. 26. 11.17 Non.attainment Provisions for M.ajor New Sources and Major fr>lodifieatioos to incorpor.ate federal 

standards for the New Source Review (NSR) program for fine particulate matter and its precursors into the Code of 

t;laryland Reoulations (COMAA). Maryland's nonattainment area NSR. program appliC$ to major ~at onary $0UI'<:C$ and 

major modifications which are maj or for PM2.S or its precursors at facirrties located in 8altimore City, Anne Arundel, 

8altimore, C&N'OII, ChatiC$, Frederick, Harford, Howard, Montgomery, Prince George·s and Wa$hington oountiC$. ~ 

Iccbnjcal Supoort Qocumcot) 

3. Amendments to Regulations .02 and .03 under COMA.R 26.11.27 Emission Limitations for Power Plants to reinstate the 

original annual and o::one season emi$.$ion limiu fot NOX and annual emi$$ion limits for S02 for R. Paul Smith Powet 

Station electric generating units as established under COMAA 26.11.27- Emission Limitations for Power Plants adopted 

petmanently effective Jutv 16, 2007. This action is in respon~ to a request by R. Paul smith to the Maryland oepartment 

of the Environment to retain its Title V permit although the power plant has ceased operations as of September 1, 2012. 

(see Technical suooort Document) 

4 . New Regulations .01 - .04 undet a new c:haJ)ter, 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 SS " Outer 

continental Shelf Air Regulations·. (see Technical suooort Document) 

The full text of the proposed amendments will appear in the Maryland Register at bUOillwww.dsd.statc.md.ys/mdrcgistcrt on April 5, 

2013. 

Public he-arings on these actions will be held on Hay 7, 2013 at 10 a.m. at the Department of the Environment., 1800 Washington 

Boutevatd, 1st F1oor COnference Rooms, Baltimore, Maryland 21230-1720. 

Comments must be received by 5 pm on May 7, 2013. 

For more information or to submit comments, caiVe-maiV fax: 

Deborah Rabin, ReQulations Coordinator, Air and Radiation Management Administration 

Department of the Environment 

1800 washington 60ulevard, Suite 730, Baltimote, Matyland 2 1230-1720 . ' .................... ... 
~):__ ________________ Sustainab/e __ Attainab/e 

Maryland Department of Planning 

March 26, 20 13 

Ms. Deborah Rabin 

Regulations Coordinator, Air & Rad iation Management Administration 

Maryland Department of the Environment 

1800 Washington Blvd. 

Suite 730 

Baltimore, MD 21230-1720 

STATE CLEARINGHOUSE REVIEW PROCESS 

State Application Identifier: MD20130319-0162 

Project Description: Amendments to Regulations: .0 I under COMAR 26.11.0 I, . 14 under 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. Comments and Public Hearings for May 7, 2013 

Project Location: Maryland 

Clearinghouse Contact: Sophia Richardson 

Dear Ms. Rabin: 

Thank you for submitting yam project for intergovernmental review. Pa1ticipation in the Maryland 

Intergovernmental Review and Coordination (MIRC) process helps ensure project consistency with plans, 

programs, and objectives of State agencies and local governments. 

Notice of your application is being provided to State and local public officials through the Intergovemmental 

Monitor, which is a database of projects received by the State Clearinghouse for Intergovernmental Assistance. 

This information may be viewed at http://planning.maryland.gov/emircpublic/. The project has been assigned a 

unique State 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 10-767-4490 or 

through e-mail at srichardson@mdp.state.md.us. Thank you for your cooperation with the MIRC process. 

Sincerely, 

~iv~~ Linda C. Janey, J.D., Assistant Secretary 

P.S. Great News!! Your project may be eligible to be "FastTracked" through the State permitting processes. For more 

information, go to: http://eas)l.man,land.gov/wordpressl[asttrackl . 

LCJ:SR 

Cc: U.S. Environmental Protection Agency 

13-0162_NM.N£Wdoc 

Martin O'Malley, Governor 

Anthony G. Brown, Lt. Governor 

Richard Eberhart Hall, AICP, Secretary 

Matthew J. Power, Deputy Secretary 

301 West Preston Street - Suite 1101 - Baltimore - Maryland - 21201 

Tel: 410.767.4500 - Toll Free: 1.877.767.6272 - TIY users: Maryland Relay - Planning.Maryland.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 

To: Allegany County Environmental Health Director (AL 

Action 

Co Env Health Transferred 

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Date& 

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3/18/2013 

11:03AM 

3/18/2013 

11:03AM 

3/18/2013 

11:03 AM 

3/18/2013 

11:03AM 

3/18/2013 

11:03AM 

3/1812013 

11:03AM 

Comment 

To: Baltimore County Health Officer (BA Co Health Transferred 3/18/2013 

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To: Carroll County Environmental Health Director (CL 311812013 Co Env Health Transferred 

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To: Charles County Health Officer (CH Co Health Transferred 3/18/2013 

Officer. FIELD OFFICES_PO.FIELD_OFFICES) 11:03 AM 

Page 1 of7 

~--~~ ~~~~~~~-~~-~~-~-~~-~--~-~·-~·-~~~·-~~~~--~~·-~-~~~~---~~-···-~~·--~-~-- -~~---·~·--~"~-"' 

To: Dorchester County Environmental Health Director 311812013 550 5.1.1 

(DO Co Env Health Undeliverable . http://support.google.com/maillbin/answer.py? 

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To: Dorchester County Health Officer (DO Co Health Transferred 3/18/2013 

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file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F419MDE... 3/18/2013 
To: Garrett County Environmental Health Director (GA 

Co Env Health 

[)i!l3ct~r~(=!E~[)=()~~<:!~,.,~~~IE~D _ O_J=£1~§~) 

Transferred 

To: Garrett County Health Officer (GA Co Health Transferred 

Officer.FI§'::[)=()~(=IC~~:=~C>:~I-EL[)=()FFI~-~~L --~------~-----

3/18/2013 

11:03 AM 

Page 2 of7 

To: Harford County Environmental Health Director (HA . 311812013 550 5.1.1 

Co Env Health Undeliverable 11 :03 AM http://support.google.com/m9illbin/answer.py? 

DirE)~!~r·£!§'::[)=()£.£1CES_PO~IEL[)=()~IC~~l~~---~-- ·--~----~---answer-6~~6 tll17s_i3..!_364753Pbc.300- !;!~111..!1'~-

To: Harford County Health Officer (HA Co Health Transferred 3/18/2013 

()!f1ce!~I§.'::[).,..OF(=I~~~.,.._F>O.FI§.'::[)_O£~!~ESL~-~~ ~-- ----·-···· -~!_~~03 A_M_ 

To: Howard County Environmental Health Director (HO 

Co Env Health Transferred 

Director~~EL_D=()FFI<:~~-P_S)~(=!~'::[)"'"_S)£~1CES) 

3/18/2013 

11:03 AM 

To: Howard County Health Officer (HO Co Health Transferred 3/18/2013 

_S)_!fi~13r.:FI~LD =()~FIC§_~=(:I0-':1 Ei::D _ ()~~~~~~-----~---~--- ___ __ --~~-!_1 :03 Ar.JI__ ______ _ 

To: Kent County Environmental Health Director (KE Co 311812013 Env Health Transferred 

_[)":_e_~~~~IEL[)~OFFICES_f=l9.FIELD_,8FFI~ESL __ ---~-- ______ _~:~~-~~----~-~-~ . To: Montgomery County Environmental Health Director 

(MO Co Env Health Transferred 

[)ire_~~or!_~ELD=()~_I_C!_~.,..£():~~~!-E_,.. OF£1!:;~~L ________________ _ 

To: Montgomery County Environmental Health 

Director 2 (MO Co Env 

Protection. FIELD_ OFFICES_PO. FIELD_ OFFICES) 

Transferred 

3/18/2013 

11:03 AM 

3/18/2013 

11:03 AM 

To: Montgomery County Health Officer (MO Co Health Transferred 3/18/2013 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 11:03 AM ·-~-~~'~'-'-,~--,-~---~~~·-~~~-'-'~·-~,~~---~~~------ ~-- ' -------- ---------------~~~-~--~~~--~~---~-

To: Montgomery County Wells and Permits (MO Co 

Permits and 

Wells.FIELD_OFFICES_PO.FIELD_OFFICES) OM~--------~--~~~~-~--------------~~---- > --- ----~-~-- -------

To: Prince Georges County Environmental Health 

Director (PG Co Env Health 

Director. FIELD_ OFFICES_PO.FI ELD _OFFICES) 

To: Prince Georges County Health Officer (PG Co 

Hea~th()!:fi~I3!-':I_§LD =_S)~(=ICE~=~Cl: (=!~-L() _ O~~I<:;E~) 

To: Queen Annes County Environmental Health 

Director (QA Co Env Health 

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3/18/2013 

11:03 AM 

3/18/2013 

11:03 AM 

3/18/2013 

11:03AM ----- .. -----

3/18/2013 

11:03 AM 

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 

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To: Talbot County Environmental Health Director (TA 

Co Env Health 

_ [)i!E)~t()~F~_'::[).,.._S)~(=!~~~=~():~!~'::'?~()F~!C_~~) ___ _ 

To: Talbot County Health Officer (TACo Health 

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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 

Transferred 

Transferred 

Transferred 

3/18/2013 

11:03 AM 

3/18/2013 

11:03AM 

3/18/2013 

11:03AM 

3/18/2013 

11:03 AM 

3/18/2013 

11:03AM 

3/18/2013 

11:03 AM 

3/18/2013 

11:03 AM 

3/18/2013 

file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F419MDE... 3/18/2013 
<:)!!icer.FI~l:D-OFFICES_PO.FIELD OFFICES) 

To: Wicomico County Environmental Health Director 

(WI Co Env Health 

_Dir~~~~f=IEI:D,~~~E~-=~<:)~F~ELD_O~IC§~L 

Transferred 

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To: Wicomico County Health Officer (WI Co Health Transferred 

<:)ffi~~:f=~§l:D-O~ICE~ _PO£~LD _ <:)FFICESL ~-- _ ------------~ __ _ 

11:03AM 

3/18/2013 

11:03AM 

3/18/2013 

11:03AM 

To: Worcester County Environmental Health Director 311812013 (WO Co Env Health Transferred 11 :03 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 

Delivered 

Delivered 

Delivered 

Delivered 

Delivered 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM ------------ ----····-~···,.· ·- 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 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM ·----,.-··---

Delivered 

Delivered 

Delivered 

Delivered 

Delivered 

Downloaded 

Delivered 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:03AM 

3/18/2013 

11:01 AM 

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 

Delivered 

Forwarded 

Delivered 

Delivered 

3/18/2013 

11:01 AM 

3/18/2013 

11:03AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

Undeliverable 311812013 

11:01 AM 

Page 3 of7 

file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F419MDE... 3/18/2013 
BC: 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 

Delivered 3/18/2013 

11:01 AM 

Delivered 3/18/2013 

11:01 AM 

Read 3/18/2013 

11:02 AM 

Delivered 3/18/2013 

11:01 AM 

Delivered 3/18/2013 

11:01 AM 

Delivered 3/18/2013 

11:01 AM 

Delivered 3/18/2013 

11:01 AM 

Delivered 3/18/2013 

11:01 AM 

Delivered 3/18/2013 

11:01 AM 

Undeliverable 311812013 

11:01 AM 

Delivered 3/18/2013 

11:01 AM -- -~~-----~~~--·--~~~-·~~··~-~-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 

Delivered 

Delivered 

Delivered 

Delivered 

Delivered 

Delivered 

Delivered 

Delivered 

Delivered 

Delivered 

Delivered 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

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3/18/2013 

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3/18/2013 

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3/18/2013 

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3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

To: Chris Westergard (cwestergard@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F419MDE ... 

Page 4 of7 

3/18/2013 
Page 5 of7 

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 

file:/ /C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\5146F419MDE ... 3/18/2013 
Page 6 of7 

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 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

Delivered 

Delivered 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

3/18/2013 

11:01 AM 

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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 

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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 

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Telephone Number: (410)-537-4414 

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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 

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CC: Kathleen. Cox ( cox.kathleen@epa.gov) 

~:~Kathy Wehnes (kwehnes@mde.state.md.us) 

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_ _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 

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