reglab/housing_qa huggingface dataset:
MD. Environment Code Ann. §  2-107 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 1 - Definitions; General Provisions|Section 2-107 - Maryland Clean Air Fund

    (a)    There is a Maryland Clean Air Fund.    (b)    Except as provided in § 2–1002(g) of this title, all application fees, permit fees, renewal fees, and funds collected by the Department under this title, Title 6, Subtitle 4 of this article, or received from the Maryland Strategic Energy Investment Fund under § 9–20B–05(g)(3)(iii) of the State Government Article, including any civil or administrative penalty or any fine imposed by a court under these provisions, shall be paid into the Maryland Clean Air Fund.    (c)    (1)    Subject to the appropriation process in the annual operating budget, the Department shall use the Maryland Clean Air Fund for:            (i)    Activities conducted under this title that are related to identifying, monitoring, and regulating air pollution in this State, including program development of these activities as provided in the State budget; and            (ii)    Providing grants to local governments to supplement funding for programs conducted by local governments that are consistent with this title and the State program.        (2)    Subject to Title 10, Subtitle 1 of the State Government Article (Administrative Procedure Act – Regulations), the Department shall adopt rules and regulations for the management and use of the money in the Fund.        (3)    At the end of the fiscal year, the Department shall:            (i)    Prepare an annual report on:                1.    The Maryland Clean Air Fund that includes an accounting of all financial receipts and expenditures to and from the Fund; and                2.    Any relevant information regarding the federal approval process, the effectiveness of the permitting program, and any other issues related to the operation of the permitting program established under § 2–401 of this title;            (ii)    Provide a copy of the report to the General Assembly, as provided under § 2–1257 of the State Government Article; and            (iii)    Upon request, make the report available to permit holders under this title.        (4)    When the Fund equals or exceeds a maximum limit of $2,000,000, additional money received for the Fund by the Department shall be deposited to the General Fund.
MD. Environment Code Ann. §  2-201 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 2 - Air Quality Control Advisory Council|Section 2-201 - Council Established

    There is an Air Quality Control Advisory Council in the Department.
MD. Environment Code Ann. §  2-202 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 2 - Air Quality Control Advisory Council|Section 2-202 - Membership

    (a)    (1)    The Council consists of not more than 15 members appointed by the Secretary.        (2)    Of the Council members:            (i)    1 shall be appointed from a list of 3 qualified individuals who are professional engineers licensed in this State, submitted to the Secretary by the Baltimore section of the American Society of Mechanical Engineers;            (ii)    1 shall be appointed from a list of 3 qualified individuals submitted to the Secretary by the Maryland section of the American Institute of Chemical Engineers;            (iii)    2 shall be individuals who are employed in a manufacturing or public utility business in this State, each appointed from a separate list of 3 qualified individuals submitted to the Secretary by the Maryland Chamber of Commerce;            (iv)    1 shall be a physician;            (v)    1 shall be a member of the Regional Planning Council who is recommended to the Secretary by the Regional Planning Council;            (vi)    1 shall be appointed from a list of 3 qualified individuals submitted to the Secretary by the Maryland Association of Counties;            (vii)    4 shall be appointed, 1 from each list, from lists of 3 qualified individuals submitted to the Secretary by:                1.    The Chairman of the Board of Directors of the Council of Governments of Metropolitan Washington;                2.    The President of the Johns Hopkins University;                3.    The President of the Maryland State–D.C. AFL–CIO; and                4.    The Chancellor of the University System of Maryland;            (viii)    2 shall be public members who represent the community at large; and            (ix)    1 shall be a member of the Children’s Environmental Health and Protection Advisory Council who has expertise in pediatric environmental health.        (3)    In making appointments to the Council, the Secretary shall:            (i)    Consider giving appropriate representation to the various geographical areas of this State; and            (ii)    Appoint at least 1 member who is engaged actively in farming and knowledgeable in farm and rural pollutant problems.    (b)    (1)    The term of a member is 5 years.        (2)    The terms of the members are staggered as required by the terms provided for members of the Council on July 1, 1986.        (3)    The member who represents the Regional Planning Council serves only so long as the member remains on the Regional Planning Council.        (4)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.        (5)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
MD. Environment Code Ann. §  2-203 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 2 - Air Quality Control Advisory Council|Section 2-203 - Officers

    From among the Council members, the Secretary shall appoint a chairman and a vice chairman.
MD. Environment Code Ann. §  2-204 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 2 - Air Quality Control Advisory Council|Section 2-204 - Secretary of Council

    (a)    The Secretary of the Environment shall appoint a secretary of the Council.    (b)    The secretary of the Council need not be a member of the Council.
MD. Environment Code Ann. §  2-205 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 2 - Air Quality Control Advisory Council|Section 2-205 - Meetings; Compensation

    (a)    The Council shall meet at the times and places that the Secretary of the Environment or the chairman determines.    (b)    Each member of the Council and the secretary of the Council:        (1)    May not receive compensation; but        (2)    Are entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
MD. Environment Code Ann. §  2-206 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 2 - Air Quality Control Advisory Council|Section 2-206 - Advisory Role of Council

    (a)    Before the Department adopts any rule or regulation under this title, the Department shall submit the proposed rule or regulation to the Council for advice.    (b)    Within 30 days after receiving a proposed rule or regulation from the Department, the Council shall give the Department its advice on the proposal by recommending:        (1)    Adoption;        (2)    Rejection; or        (3)    Modification.
MD. Environment Code Ann. §  2-301 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 3 - Rulemaking|Section 2-301 - Air Quality Rules and Regulations -- Adoption

    (a)    The Department:        (1)    May adopt rules and regulations for the control of air pollution in this State, including testing, monitoring, record keeping, and reporting requirements; and        (2)    Shall adopt rules and regulations that establish standards and procedures to be followed whenever pollution of the air reaches an emergency condition.    (b)    In adopting any rule or regulation under this title, the Department shall consider, among other things:        (1)    The residential, commercial, or industrial nature of the area affected;        (2)    Zoning;        (3)    The nature and source of various kinds of air pollution;        (4)    The problems of any commercial or industrial establishment that may be affected by the rule or regulation; and        (5)    The environmental conditions, population density, and topography of any area that may be affected by the rule or regulation.    (c)    Any rule or regulation adopted under this title that relates to grain drying operations shall be adopted with the advice and consent of the State Department of Agriculture.
MD. Environment Code Ann. §  2-302 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 3 - Rulemaking|Section 2-302 - Air Quality Rules and Regulations -- Air Quality Control Areas

    (a)    The Department shall determine and may alter air quality control areas into which this State is divided.    (b)    The Department shall adopt rules and regulations that set emission standards and ambient air quality standards for each of the air quality control areas in this State.    (c)    (1)    Unless a political subdivision requests a more restrictive standard under § 2-104 of this title, the Department shall set ambient air quality standards for pollutants that are identical to the standards for pollutants for which national primary or secondary ambient air quality standards have been set by the federal government.        (2)    To protect the public health, the general welfare, and property of the people of this State, the Department may set State ambient air quality standards for substances for which national ambient air quality standards have not been set by the federal government.        (3)    If the Secretary finds that transportation through the air is a significant factor in the buildup of a pollutant in a substance other than air and that monitoring the substance facilitates control of the pollutant, a State ambient air quality standard may establish a maximum concentration of the pollutant in that substance.    (d)    (1)    Except as provided in paragraph (2) of this subsection, if national ambient air quality standards are attained in an air quality control area, the Department shall set emission standards for that area based on the goal of achieving emission levels that are not more restrictive than necessary to attain and maintain the ambient air quality standards in that area.        (2)    The limitations of paragraph (1) of this subsection do not apply to the extent that:            (i)    A political subdivision requests a more restrictive standard under § 2-104 of this title; or            (ii)    New source performance standards, national prevention of significant deterioration requirements, national emission standards for hazardous pollutants, or any other requirements of the federal Clean Air Act apply.        (3)    For those emissions for which no national ambient air quality standards have been set, the Secretary may set emission standards and requirements for various classes of sources.
MD. Environment Code Ann. §  2-303 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 3 - Rulemaking|Section 2-303 - Air Quality Rules and Regulations -- Procedures for Adoption

    (a)    The Department may not adopt any rule or regulation under this title unless the requirements of this section and the Administrative Procedure Act are met.    (b)    Before adopting any rule or regulation under this title, the Department shall announce and hold a public hearing on the subject.    (c)    (1)    Until October 1, 2014, at least 30 days before the public hearing, the Department shall publish notice of the hearing in a newspaper of general circulation in the area concerned.        (2)    The notice required under paragraph (1) of this subsection shall state:            (i)    The date, time, and place of the hearing;            (ii)    The purpose of the hearing;            (iii)    That, beginning on October 1, 2014, all future notices required under this title will be posted on the Department’s Web site; and            (iv)    A phone number or electronic mail address at the Department that a person can contact to arrange for the receipt of future public notices required under this title by first–class mail or electronic mail.        (3)    Beginning on October 1, 2014, at least 30 days before the public hearing, the Department shall publish notice of the hearing in a newspaper of general circulation in the area concerned or on the Department’s Web site.        (4)    The notice required under paragraph (3) of this subsection shall state:            (i)    The date, time, and place of the hearing; and            (ii)    The purpose of the hearing.    (d)    Beginning on October 1, 2014, the Department shall publish annually a notice in a newspaper of general circulation to inform the public of:        (1)    The types of public notices required under this title that are available on the Department’s Web site; and        (2)    A phone number or electronic mail address at the Department that a person can contact to arrange for the receipt of future public notices required under this title by first–class mail or electronic mail.    (e)    After the public hearing, the Department may adopt the rule or regulation with or without modification.
MD. Environment Code Ann. §  2-303.1 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 3 - Rulemaking|Section 2-303.1 - Program for Volatile Organic Emissions Control

    The Department may not adopt regulations to implement Stage II of the Program for Volatile Organic Emissions Control from gasoline retailing operations unless:         (1)    The Department is mandated by the United States Environmental Protection Agency;        (2)    The Department is unable to find other control strategies; and        (3)    The Environmental Protection Agency publishes notice in the Federal Register that the State of Maryland is not in compliance with the provisions of the Clean Air Act (42 U.S.C. §§ 7401 through 7602).
MD. Environment Code Ann. §  2-303.2 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 3 - Rulemaking|Section 2-303.2 - Program Implementing Reduction of Vehicle Miles Traveled

    In any program implementing the reduction of vehicle miles traveled as a part of the State’s compliance with the federal Clean Air Act the Department shall include provisions to allow, both within Maryland and among Maryland and adjoining states:         (1)    The averaging of reductions in vehicle miles traveled between different worksites of the same employer;        (2)    The averaging of reductions in vehicle miles traveled between worksites of different employers;        (3)    The sale between worksites and employers of credits for reduced vehicle miles traveled; and        (4)    The greatest degree of flexibility in implementation, giving full consideration to the geographic differences among affected areas, in order to promote the economic and environmental interests of the areas affected.
MD. Environment Code Ann. §  2-303.3 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 3 - Rulemaking|Section 2-303.3 - Consolidated Inspection Programs

    The Department shall conduct inspections as provided in a memorandum of understanding on behalf of and in coordination with other agencies when administering the inspection of gasoline retailing operations under this subtitle.
MD. Environment Code Ann. §  2-304 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 3 - Rulemaking|Section 2-304 - State Agencies to Consult With Department

    Each State agency shall consult with the Department before adopting any rule or regulation that relates to ambient air quality control.
MD. Environment Code Ann. §  2-401 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 4 - Permits and Registration|Section 2-401 - Permits or Registration -- in General

    Except as provided in § 2-402 of this subtitle, the Department may adopt regulations that require a permit or registration before a person constructs, modifies, operates, or uses a source that may cause or control emissions into the air.
MD. Environment Code Ann. §  2-402 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 4 - Permits and Registration|Section 2-402 - Permits or Registration -- Exceptions

    The Department may not require a permit or registration for:        (1)    Any machinery or equipment that normally is used in a mobile manner;        (2)    Any boiler used exclusively to operate steam engines for farm and domestic use;        (3)    The construction of a generating station constructed by a person that is required to obtain a certificate of public convenience and necessity under §§ 7–207 and 7–208 of the Public Utilities Article and regulations adopted by the Public Service Commission;        (4)    Actual construction of buildings, apart from any possible emission producing machinery housed in the buildings;        (5)    Any parking garage; or        (6)    Any parking lot.
MD. Environment Code Ann. §  2-403 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 4 - Permits and Registration|Section 2-403 - Permits or Registration -- Fees

    (a)    (1)    The Department, by regulation, shall require and collect a fee for each permit issued under § 2–401 of this subtitle.        (2)    In adopting the regulations under this section, the Department shall consult with industry to determine that the permit fee is reasonable and directly related to the actual cost of the permitting and regulatory activity, and does not exceed a certain dollar amount.    (b)    (1)    The amount of the fees shall cover:            (i)    The reasonable cost of reviewing and acting on the application for the permits;            (ii)    The reasonable costs incurred in implementing and enforcing the terms and conditions of the permits, exclusive of any court costs or other costs associated with any enforcement actions; and            (iii)    The costs identified in § 502(b)(3) of the Clean Air Act Amendments of 1990.        (2)    Fees assessed and collected under this section shall be used exclusively for the development and administration of the permit program under this subtitle.    (c)    (1)    The fee established under this section may not exceed:            (i)    $50 per ton of regulated emissions; and            (ii)    $500,000 for any single source in calendar years 2008 and 2009.        (2)    For purposes of calculating fees under this section, carbon dioxide emissions shall be excluded.        (3)    The fee established under this section may be adjusted to reflect changes in the Consumer Price Index, as authorized by 40 C.F.R. Part 70 (Operating Permit Program).
MD. Environment Code Ann. §  2-404.1 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 4 - Permits and Registration|Section 2-404.1 - Judicial Review

    (a)    Except for an applicant who elects to proceed under subsection (d) of this section, a final decision by the Department on the issuance, renewal, or revision of an operating permit issued pursuant to Title V of the federal Clean Air Act Amendments of 1990 is subject to judicial review by any person who:        (1)    Meets the threshold standing requirements under federal constitutional law; and        (2)    Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not required by statute or regulation.    (b)    Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates:        (1)    That the objections were not reasonably ascertainable during the comment period; or        (2)    That grounds for the objections arose after the comment period.    (c)    Unless otherwise required by statute, a petition for judicial review by a person who meets the requirements of subsection (a) of this section shall be filed with the circuit court for the county in which any party resides or has a principal place of business.    (d)    (1)    An applicant for an air quality operating permit may seek judicial review in accordance with Title 10, Subtitle 2 of the State Government Article.        (2)    Except for an applicant as described in paragraph (1) of this subsection, a person is not entitled to a contested case hearing regarding Title V operating permits.
MD. Environment Code Ann. §  2-406 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 4 - Permits and Registration|Section 2-406 - Incinerator Operators

    (a)    After July 1, 1990, the owner of an incinerator for the disposal of solid waste as defined in § 7-201 or § 9-101 of this article may not operate or cause the incinerator to be operated unless the owner certifies to the Department that any person operating the incinerator has completed a course of instruction, approved by the Department, in the proper and safe operation of the incinerator.    (b)    An operator of an incinerator who meets the requirements of subsection (a) of this section shall be present at all times the incinerator is in operation.    (c)    The Department shall adopt regulations to implement the provisions of this section.    (d)    The Department shall, at a minimum, conduct quarterly inspections of an incinerator that accepts more than 50 tons per day of special medical waste, as defined in Title 26, Subtitle 13, Chapter 11 of the Code of Maryland Regulations, and may undertake other activities as necessary to determine whether the operation of the incinerator meets the requirements of the air quality permit issued under this title.    (e)    The Department shall, at a minimum, require the holder of a permit to incinerate special medical waste that accepts more than 50 tons of special medical waste per day to:        (1)    Sample stack emissions under normal operating conditions at least one time per year for dioxin and heavy metals, including barium, cadmium, chromium, lead, nickel, mercury, zinc, arsenic, selenium, and vanadium; and        (2)    Provide the test report to the Department.    (f)    The holder of the permit shall pay the Department for the cost of the inspection and any other activity conducted under subsection (d) of this section.
MD. Environment Code Ann. §  2-501 (2021)
2021 Maryland Statutes|Environment|Title 2 - Ambient Air Quality Control|Subtitle 5 - Temporary Fuel Variances|Section 2-501 - In General

    On a case-by-case basis, the Department may grant a temporary fuel variance to any person who is unable to obtain the type of fuel required to comply with any rule, regulation, or order adopted or issued under this title.