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IN THIS ISSUE
Regulatory Review and Evaluation Regulations Errata Special Documents General Notices
Volume 41 • Issue 24 • Pages 1417—1464
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 7, 2014, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I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 November 7, 2014.
Brian Morris Acting Administrator, Division of State Documents
Office of the Secretary of State
Issue Date: December 1, 2014
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.
SUBSCRIPTION INFORMATION For subscription forms for the Maryland Register and COMAR, see
the back pages of the Maryland Register. Single issues of the
Maryland Register are $15.00 per issue.
CITIZEN PARTICIPATION IN THE REGULATION-MAKING PROCESS
Maryland citizens and other interested persons may participate in
the process by which administrative regulations are adopted,
amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below
are some of the ways in which citizens may participate (references
are to State Government Article (SG),
Annotated Code of Maryland):
• By submitting data or views on proposed regulations either orally
or in writing, to the proposing agency (see ‘‘Opportunity for Public
Comment’’ at the beginning of all regulations 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)
• By inspecting a certified copy of any document filed with the
Division of State Documents for publication in the Maryland
Register. (See SG, §7-213)
Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland
21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with
cumulative indexes published quarterly, 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 form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.
Contents 1419
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Closing Dates for the Maryland Register Schedule of Closing Dates and Issue Dates for the
Maryland Register .................................................................. 1421
COMAR Research Aids Table of Pending Proposals ........................................................ 1422
Index of COMAR Titles Affected in This Issue COMAR Title Number and Name Page
03 Comptroller of the Treasury .................................. 1426, 1429
08 Department of Natural Resources ................................... 1429
09 Department of Labor, Licensing, and Regulation ........... 1426
10 Department of Health and Mental Hygiene .......... 1427, 1431
12 Department of Public Safety and Correctional Services .... 1428
15 Department of Agriculture .............................................. 1432
17 Department of Budget and Management ........................ 1439
18 Department of Assessments and Taxation ...................... 1442
20 Public Service Commission ............................................ 1443
26 Department of the Environment ...................................... 1443
36 Maryland State Lottery and Gaming Control
Agency ......................................................................... 1454
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.
Regulatory Review and Evaluation
DEPARTMENT OF AGRICULTURE Notice of Opportunity for Public Inspection and
Comment ...................................................................... 1425
Final Action on Regulations
03 COMPTROLLER OF THE TREASURY ALCOHOL AND TOBACCO TAX
Alcoholic Beverage Trade Practices ................................ 1426 Alcoholic Beverage Trade Practices ................................ 1426 Alcoholic Beverage Trade Practices ................................ 1426
09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION
COMMISSIONER OF FINANCIAL REGULATION Foreclosure Procedures for Residential Property ............. 1426
10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE MEDICAL CARE PROGRAMS
Nursing Facility Services ................................................. 1427 Home and Community-Based Options Waiver ................ 1427
ADULT HEALTH Cosmetic Surgical Facilities ............................................ 1427
MENTAL HYGIENE REGULATIONS Fee Schedule — Mental Health Services — Community-
Based Programs and Individual Practitioners ............... 1427 BOARD OF NURSING
Code of Ethics.................................................................. 1428 BOARD OF NURSING — CERTIFIED NURSING
ASSISTANTS Certified Nursing Assistants/Certified Medication
Technicians (CNA/CMT) — Code of Ethics ................ 1428
BOARD OF NURSING — ELECTROLOGY PRACTICE
COMMITTEE Standards of Practice and Conduct .................................. 1428
12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
CORRECTIONAL TRAINING COMMISSION General Regulations ........................................................ 1428 Electronic Control Device Training ................................. 1428
Proposed Action on Regulations
03 COMPTROLLER OF THE TREASURY ALCOHOL AND TOBACCO TAX
Alcoholic Beverages ........................................................ 1429 08 DEPARTMENT OF NATURAL RESOURCES
OFFICE OF THE SECRETARY Wildlands in Maryland .................................................... 1429
10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE MEDICAL CARE PROGRAMS
Early and Periodic Screening, Diagnosis and Treatment
(EPSDT) Services ......................................................... 1431 15 DEPARTMENT OF AGRICULTURE
SOIL AND WATER CONSERVATION Nutrient Management Certification and Licensing .......... 1432 Agricultural Operation Nutrient Management Plan
Requirements ................................................................ 1432 Content and Criteria for a Nutrient Management Plan
Developed for an Agricultural Operation ..................... 1432 17 DEPARTMENT OF BUDGET AND MANAGEMENT
PERSONNEL SERVICES AND BENEFITS State Employees’ Health Benefits ................................... 1439
18 DEPARTMENT OF ASSESSMENTS AND TAXATION PERSONAL PROPERTY ASSESSMENTS
Filings .............................................................................. 1442 20 PUBLIC SERVICE COMMISSION
APPLICATIONS CONCERNING THE CONSTRUCTION OR
MODIFICATION OF GENERATING STATIONS AND
OVERHEAD TRANSMISSION LINES General ............................................................................ 1443
26 DEPARTMENT OF THE ENVIRONMENT AIR QUALITY
Volatile Organic Compounds from Specific Processes ... 1443 Low Emissions Vehicle Program .................................... 1447 Control of NOx Emissions from Coal-Fired Electric
Generating Units........................................................... 1449 36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY
GENERAL PROVISIONS General ............................................................................ 1454
GAMING PROVISIONS Video Lottery Operation License .................................... 1455
VIDEO LOTTERY TERMINALS Video Lottery Terminal Technical Standards .................. 1455
TABLE GAMES Table Game Equipment ................................................... 1455 Table Game Procedures ................................................... 1457
Errata
COMAR 10.32.06 ............................................................... 1458
Contents 1420
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Special Documents
MARYLAND DEPARTMENT OF THE ENVIRONMENT PROPOSED CALENDAR YEAR 2015 STANDARD
PERMIT APPLICATION TURNAROUND TIMES ...... 1459 SUSQUEHANNA RIVER BASIN COMMISSION 1459
Commission Meeting — Correction ............................ 1459 MARYLAND HEALTH CARE COMMISSION 1460
Number of Chronic Hospital Beds and Patient Days and
Percent Occupancy, by Facility: Maryland, FY 2013 ....... 1460
General Notices
BOARD OF ARCHITECTS Public Meeting ................................................................. 1461
ATHLETIC COMMISSION Public Meeting ................................................................. 1461
BOARD OF COSMETOLOGISTS Public Meeting ................................................................. 1461
GOVERNOR'S OFFICE OF CRIME CONTROL AND
PREVENTION Public Meeting ................................................................. 1461
CRIMINAL JUSTICE INFORMATION ADVISORY BOARD Public Meeting ................................................................. 1461
OFFICE OF THE DEAF AND HARD OF
HEARING/MARYLAND ADVISORY COUNCIL ON THE
DEAF AND HARD OF HEARING Public Meeting ................................................................. 1461
ELEVATOR SAFETY REVIEW BOARD Public Meeting ................................................................. 1461
EMERGENCY MEDICAL SERVICES BOARD Special Test Document .................................................... 1461
BOARD FOR PROFESSIONAL ENGINEERS Public Meeting ................................................................. 1461
STATE BOARD OF STATIONARY ENGINEERS Public Meeting ................................................................. 1461
DEPARTMENT OF THE ENVIRONMENT/AIR AND
RADIATION MANAGEMENT ADMINISTRATION Public Hearing on Regulations ........................................ 1461
FIRE PREVENTION COMMISSION Public Meeting ................................................................. 1462
DEPARTMENT OF HEALTH AND MENTAL HYGIENE Public Meeting ................................................................. 1462
DEPARTMENT OF HEALTH AND MENTAL
HYGIENE/OFFICE OF HEALTH SERVICES Public Notice for Free-Standing Ambulatory Surgical
Centers .......................................................................... 1462 Maryland Medicaid Dental Fee Schedule Update ............ 1462
BOARD OF HEATING, VENTILATION, AIR-
CONDITIONING, AND REFRIGERATION
CONTRACTORS (HVACR) Public Meeting ................................................................. 1462
MARYLAND STATEWIDE INDEPENDENT LIVING
COUNCIL Public Meeting ................................................................. 1462
FACILITIES ADVISORY BOARD — JUVENILE SERVICES Public Meeting ................................................................. 1462
STATE ADVISORY BOARD FOR JUVENILE SERVICES No Meeting Notice .......................................................... 1462
STATE ADVISORY BOARD FOR JUVENILE SERVICES —
GIRLS SERVICES SUBCOMMITTEE Public Meeting ................................................................. 1462
MARYLAND STATE LOTTERY AND GAMING CONTROL
COMMISSION Public Meeting ................................................................ 1462
MARYLAND HEALTH CARE COMMISSION Public Meeting ................................................................ 1463
MARYLAND AUTOMOBILE INSURANCE FUND Public Meeting ................................................................ 1463
DEPARTMENT OF NATURAL RESOURCES/FISHERIES
SERVICE Public Notice ................................................................... 1463
BOARD OF OCCUPATIONAL THERAPY PRACTICE Public Meeting ................................................................ 1463
BOARD OF PLUMBING Public Meeting ................................................................ 1463
BOARD OF PODIATRIC MEDICAL EXAMINERS Public Meeting ................................................................ 1463 Public Meeting ................................................................ 1463 Public Meeting ................................................................ 1463
STATE ADVISORY COUNCIL ON QUALITY CARE AT
THE END OF LIFE Public Meeting ................................................................ 1463
RACING COMMISSION Public Meeting ................................................................ 1463
REAL ESTATE COMMISSION Public Meeting ................................................................ 1463 Public Hearing ................................................................. 1463
BOARD OF REVENUE ESTIMATES Public Meeting ................................................................ 1463
NORTHEAST MARYLAND WASTE DISPOSAL
AUTHORITY Public Meetings Notice Procedure .................................. 1463
BOARD OF WATERWORKS AND WASTE SYSTEMS
OPERATORS Public Meeting ................................................................ 1463
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.
Contents 1421
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
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 JULY 24, 2015
Issue Date
Emergency
and Proposed
Regulations
5 p.m.*
Final Regulations
10:30 a.m. Notices, etc. 10:30 a.m.
December 12 November 24 December 3 December 1
December 26** December 5 December 15 December 11
January 9 December 22 December 30 December 29
January 23 January 5 January 14 January 12
February 6** January 16 January 28 January 26
February 20 February 2 February 11 February 9
March 6** February 13 February 25 February 23
March 20 March 2 March 11 March 9
April 3 March 16 March 25 March 23
April 17 March 30 April 8 April 6
May 1 April 13 April 22 April 20
May 15 April 27 May 6 May 4
May 29** May 11 May 19 May 15
June 12** May 21 June 3 June 1
June 26 June 8 June 17 June 15
July 10 June 22 July 1 June 29
July 24 July 6 July 15 July 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.
1422
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
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.
01 EXECUTIVE DEPARTMENT
01.04.04.01—.06 • 41:23 Md. R. 1378 (11-14-14)
03 COMPTROLLER OF THE TREASURY
03.02.01.20 • 41:24 Md. R. 1429 (12-1-14) 03.06.01.44 • 40:26 Md. R. 2167 (12-27-13)
05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
05.02.01.02,.02-1,.03,.04 • 41:20 Md. R. 1118 (10-3-14) (ibr) 05.02.07.04,.05 • 41:20 Md. R. 1119 (10-3-14) (ibr) 05.05.01.01—.34 • 41:20 Md. R. 1120 (10-3-14) 05.05.02.02,.04,.06,.08,.11,.14,.17 • 41:20 Md. R. 1120 (10-3-14) 05.05.05.02—.08,.12—.14,.16,.18,.24 • 41:20 Md. R. 1120 (10-3-14) 05.05.07.01—.31 • 41:20 Md. R. 1120 (10-3-14) 05.05.08.01—.28 • 41:20 Md. R. 1120 (10-3-14) 05.12.01.02—.07,.09—.11,.14—.16, .18—.22 • 41:20 Md. R. 1135 (10-3-14)
05.13.01.03,.05—.08,.16—.19 • 41:20 Md. R. 1141 (10-3-14)
07 DEPARTMENT OF HUMAN RESOURCES
07.03.07.02,.03,.09,.12 • 41:18 Md. R. 1014 (9-5-14)
08 DEPARTMENT OF NATURAL RESOURCES
08.01.02.02,.04—.06 • 41:24 Md. R. 1429 (12-1-14) 08.01.03.01—.07,.10—.12 • 41:20 Md. R. 1143 (10-3-14) 08.02.04.03 • 41:20 Md. R. 1147 (10-3-14) 08.02.05.24 • 41:23 Md. R. 1379 (11-14-14) 08.02.11.01,.04,.06 • 41:21 Md. R. 1264 (10-17-14) 08.02.21.03 • 41:21 Md. R. 1266 (10-17-14) 08.03.04.02 • 41:21 Md. R. 1268 (10-17-14) 08.03.09.11 • 41:21 Md. R. 1268 (10-17-14) 08.18.32.01—.03 • 41:21 Md. R. 1269 (10-17-14)
08.18.34.01,.02 • 41:21 Md. R. 1269 (10-17-14)
08.18.33.03 • 41:23 Md. R. 1381 (11-14-14) 08.18.36.01,.02 • 41:23 Md. R. 1382 (11-14-14)
09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION
09.08.03.03 • 41:3 Md. R. 210 (2-7-14) 09.10.03.02 • 41:23 Md. R. 1383 (11-14-14) 09.11.02.02 • 41:19 Md. R. 1085 (9-19-14) 09.12.81.01-1,.02-1 • 41:7 Md. R. 425 (4-4-14)
09.13.06.02—.10,.12 • 41:21 Md. R. 1270 (10-17-14) 09.21.02.03 • 41:19 Md. R. 1085 (9-19-14) 09.28.04.01—.11 • 41:14 Md. R. 813 (7-11-14)
10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitles 01—08 (1st volume)
10.01.18.01—.08 • 41:22 Md. R. 1322 (10-31-14)
Subtitle 09 (2nd volume) 10.09.02.07 • 41:20 Md. R. 1148 (10-3-14) (ibr) 10.09.23.06 • 41:24 Md. R. 1431 (12-1-14) 10.09.36.03 • 41:23 Md. R. 1384 (11-14-14) 10.09.41.02,.06—.09,.12,.13 • 41:23 Md. R. 1384 (11-14-14) 10.09.49.01—.07,.11,.12 • 41:20 Md. R. 1148 (10-3-14) 10.09.59.01—.14 • 41:20 Md. R. 1150 (10-3-14) 10.09.60.01—.24 • 41:23 Md. R. 1386 (11-14-14) 10.09.62.01 • 41:23 Md. R. 1386 (11-14-14) 10.09.63.01—.03,.05,.06 • 41:23 Md. R. 1386 (11-14-14) 10.09.64.05—.07,.10 • 41:23 Md. R. 1386 (11-14-14) 10.09.65.01,.02,.04,.05,.08,.10,.11,.11-1,.11-2,.12,.14,.15, .19-5,.20,.21 • 41:23 Md. R. 1386 (11-14-14) 10.09.65.19 • 41:23 Md. R. 1395 (11-14-14) 10.09.66.02,.04,.05,.07, • 41:23 Md. R. 1386 (11-14-14)
10.09.67.01,.04,.12,.26—.28 • 41:23 Md. R. 1386 (11-14-14)
PENDING PROPOSALS 1423
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
10.09.70.01—.10 • 41:20 Md. R. 1153 (10-3-14) 10.09.80.01—.12 • 41:20 Md. R. 1158 (10-3-14) 10.09.91.01—.09 • 41:20 Md. R. 1162 (10-3-14)
Subtitles 10 — 22 (3rd Volume)
10.11.02.01—.09 • 41:22 Md. R. 1325 (10-31-14) 10.13.01.02—.06 • 41:11 Md. R. 614 (5-30-14) 10.19.07.01—.03 • 41:22 Md. R. 1328 (10-31-14) 10.22.14.03,.05—.11 • 41:21 Md. R. 1272 (10-17-14) Subtitles 23 — 36 (4th Volume)
10.27.27.02 • 41:18 Md. R. 1022 (9-5-14) 10.32.06 • 41:24 Md. R. 1458 (12-1-14) (err) 10.32.06.04,.07 • 41:20 Md. R. 1164 (10-3-14) 10.32.10.04,.05,.05-1,.05-2 • 41:20 Md. R. 1166 (10-3-14)
Subtitles 37—61 (5th Volume) 10.38.12.01—.04 • 41:19 Md. R. 1090 (9-19-14) 10.44.34.01—.05 • 41:9 Md. R. 531 (5-2-14)
10.61.01.03,.05,.06 • 41:18 Md. R. 1023 (9-5-14)
11 DEPARTMENT OF TRANSPORTATION
Subtitles 01—10
11.03.01.01-1,.12 • 41:20 Md. R. 1168 (10-3-14) (ibr) 11.03.01.13 • 40:26 Md. R. 2195 (12-27-13)
11.05.02.02 • 41:20 Md. R. 1168 (10-3-14) 11.05.03.02—.05,.07—.09,.12,.14 • 41:20 Md. R. 1168 (10-3-14) 11.05.07.03 • 41:20 Md. R. 1168 (10-3-14)
12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
12.01.01.04—.12 • 41:7 Md. R. 426 (4-4-14) 12.04.01.07,.17 • 41:11 Md. R. 621 (5-30-14) 12.04.05.02 • 41:19 Md. R. 1091 (9-19-14) 12.10.01.09 • 41:8 Md. R. 484 (4-18-14) 12.15.01.15,.19 • 41:12 Md. R. 693 (6-13-14) 12.15.06.01—.04 • 41:12 Md. R. 693 (6-13-14)
13A STATE BOARD OF EDUCATION
13A.01.02.06 • 41:20 Md. R. 1172 (10-3-14) 13A.03.05.01,.03—.05 • 41:23 Md. R. 1399 (11-14-14) 13A.04.08.01 • 41:23 Md. R. 1400 (11-14-14) 13A.04.09.01 • 41:21 Md. R. 1275 (10-17-14) 13A.12.01.01—.13 • 41:11 Md. R. 624 (5-30-14)
13A.12.03.02,.08 • 41:22 Md. R. 1329 (10-31-14)
14 INDEPENDENT AGENCIES 14.22.01.03,.08—.10 • 41:23 Md. R. 1402 (11-14-14) 14.25.01.01 • 41:21 Md. R. 1276 (10-17-14) 14.25.02.01,.04,.08,.11,.13,.15,.18 • 41:21 Md. R. 1276 (10-17-14) 14.25.03.01—.05 • 41:21 Md. R. 1276 (10-17-14) 14.26.07.01—.03 • 41:13 Md. R. 773 (6-27-14) 14.36.01.01—.16 • 41:18 Md. R. 1031 (9-5-14) 14.36.02.01—.11 • 41:18 Md. R. 1031 (9-5-14) 14.36.03.01—.06 • 41:18 Md. R. 1031 (9-5-14) 14.36.04.01—.08 • 41:18 Md. R. 1031 (9-5-14)
15 DEPARTMENT OF AGRICULTURE
15.20.04.11 • 41:24 Md. R. 1432 (12-1-14) 15.20.07.02 • 41:24 Md. R. 1432 (12-1-14) 15.20.08.01,.03,.05—.12 • 41:24 Md. R. 1432 (12-1-14) 15.20.11.01—.10 • 41:21 Md. R. 1280 (10-17-14)
17 DEPARTMENT OF BUDGET AND MANAGEMENT
17.04.07.02,.04,.06 • 41:23 Md. R. 1403 (11-14-14)
17.04.13.03,.03-1,.04,.06 • 41:24 Md. R. 1439 (12-1-14)
18 DEPARTMENT OF ASSESSMENTS AND TAXATION 18.03.02.01 • 41:24 Md. R. 1442 (12-1-14)
19A STATE ETHICS COMMISSION
19A.01.03.11 • 41:22 Md. R. 1330 (10-31-14) 19A.03.01.03,.04 • 41:22 Md. R. 1330 (10-31-14) 19A.03.02 • 41:22 Md. R. 1330 (10-31-14) 19A.03.03.01 • 41:22 Md. R. 1330 (10-31-14)
19A.03.04.01—.04 • 41:22 Md. R. 1330 (10-31-14) 19A.04.03.04 • 41:22 Md. R. 1332 (10-31-14) 19A.05.03.02,.03 • 41:22 Md. R. 1332 (10-31-14) 19A.05.04.01,.02 • 41:22 Md. R. 1332 (10-31-14) 19A.07.01.03,.04 • 41:22 Md. R. 1333 (10-31-14)
19A.07.01.18 • 41:22 Md. R. 1334 (10-31-14)
20 PUBLIC SERVICE COMMISSION 20.79.01.02 • 41:24 Md. R. 1443 (12-1-14)
21 STATE PROCUREMENT REGULATIONS
21.11.14.04 • 41:14 Md. R. 857 (7-11-14)
24 DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT
24.05.26.03 • 41:20 Md. R. 1173 (10-3-14)
26 DEPARTMENT OF THE ENVIRONMENT
Subtitles 01—07 (Part 1)
26.03.13.04 • 41:22 Md. R. 1334 (10-31-14) 26.04.04.01—.39 • 41:18 Md. R. 1037 (9-5-14) (ibr) 26.04.05.01—.03• 40:25 Md. R. 2105 (12-13-13) 26.04.11.01—.16 • 41:1 Md. R. 47 (1-10-14)
Subtitles 08—12 (Part 2)
26.08.02.09 • 41:10 Md. R. 575 (5-16-14) 26.08.04.01 • 41:10 Md. R. 575 (5-16-14)
26.12.01.01 • 41:22 Md. R. 1336 (10-31-14) (ibr)
26.12.02.03 • 41:22 Md. R. 1336 (10-31-14)
Subtitles 13—18 (Part 3)
26.11.19.26,.26-1 • 41:24 Md. R. 1443 (12-1-14) 26.11.34.02 • 41:24 Md. R. 1447 (12-1-14) (ibr) 26.11.38.01—.06 • 41:24 Md. R. 1449 (12-1-14)
PENDING PROPOSALS 1424
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
26.14.02.02,.02-1,.02-2,.02-3,.02-4, .02-5 • 41:22 Md. R. 1337 (10-31-14) (ibr) 26.17.06.01,.04—.09 • 40:22 Md. R. 1887 (11-1-13) (ibr)
41:19 Md. R. 1092 (9-19-14) (ibr)
27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
27.01.01.01 • 41:21 Md. R. 1286 (10-17-14)
27.02.01.01 • 41:21 Md. R. 1286 (10-17-14)
27.02.05.01—.03-3 • 41:21 Md. R. 1286 (10-17-14)
31 MARYLAND INSURANCE ADMINISTRATION 31.03.05.01—.15 • 41:3 Md. R. 256 (2-7-14) 31.08.14.01,.02 • 40:20 Md. R. 1729 (10-4-13)
33 STATE BOARD OF ELECTIONS
33.13.17.01—.05 • 41:22 Md. R. 1340 (10-31-14) 33.14.02.06 • 41:16 Md. R. 955 (8-8-14)
34 DEPARTMENT OF PLANNING
34.04.07.01—.08 • 41:23 Md. R. 1404 (11-14-14)
36 MARYLAND STATE LOTTERY AND GAMING
CONTROL AGENCY
36.01.01.04 • 41:24 Md. R. 1454 (12-1-14) 36.03.03.07 • 41:24 Md. R. 1455 (12-1-14) 36.04.01.20 • 41:24 Md. R. 1455 (12-1-14) 36.05.02.16 • 41:24 Md. R. 1455 (12-1-14) 36.05.03.03,.05,.23 • 41:24 Md. R. 1457 (12-1-14) 36.05.05.06 • 41:20 Md. R. 1173 (10-3-14) 36.06.01.01—.03 • 41:12 Md. R. 723 (6-13-14)
36.06.02.01,.02 • 41:12 Md. R. 723 (6-13-14) 36.06.03.01—.09 • 41:12 Md. R. 723 (6-13-14) 36.06.04.01—.04 • 41:12 Md. R. 723 (6-13-14) 36.06.05.01—.06 • 41:12 Md. R. 723 (6-13-14) 36.06.06.01 • 41:12 Md. R. 723 (6-13-14)
1425
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Regulatory Review and Evaluation Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the
Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be
documented in an evaluation report which will be submitted to the General Assembly’s Joint Committee on Administrative, Executive, and
Legislative Review. The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule). Notice that
an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register.
Title 15 DEPARTMENT OF
AGRICULTURE Notice of Opportunity for Public Inspection and Comment
In accordance with the Regulatory Review and Evaluation Act,
State Government Article, §§10-130 ― 10-139, Annotated Code of
Maryland, the Department of Agriculture is currently reviewing and
evaluating all regulations codified under the following subtitles of
COMAR Title 15:
Subtitles 01 ― 08 Subtitle 01 Office of the Secretary
Subtitle 02 Board of Review
Subtitle 03 Weights and Measures
Subtitle 04 Maryland Egg Law
Subtitle 05 Pesticide Use Control
Subtitle 06 Plant Pest Control
Subtitle 07 Apiary Inspection
Subtitle 08 Turf and Seed
The purpose of the review and evaluation is to determine whether
existing regulations continue to accomplish the purposes for which
they were adopted, clarify ambiguous or unclear language, and repeal
obsolete or duplicative provisions.
Pursuant to its work plan, MDA will evaluate the need to retain,
amend, or repeal regulations based on whether the regulations are:
Still necessary to the public interest;
Drafted in a clear and understandable manner;
Still supported by statutory authority and judicial opinions
and consistent with federal regulations and other State
regulations;
Still effective in accomplishing the intended purpose of the
regulations; and
Obsolete, duplicative, or otherwise appropriate for
amendment or repeal.
The Department of Agriculture would like to provide interested
parties with an opportunity to participate in the review and evaluation
process by submitting comments on these regulations. All parties
interested in participating in this process may submit comments by
mail to Tonia Martin, Regulations Coordinator, Department of
Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401,
by fax to (410) 841-5914, or by email to [email protected].
Comments must be received no later than December 31, 2014.
Parties may contact the Department at (410) 841-5883 with questions
regarding this process. [14-24-22]
1426
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
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 02 ALCOHOL AND TOBACCO
TAX 03.02.05 Alcoholic Beverage Trade Practices
Authority: Article 2B, §§16-301 and 16-302, Annotated Code of Maryland
Notice of Final Action [14-265-F]
On November 17, 2014, the Comptroller of Maryland adopted
amendments to Regulation .04 under COMAR 03.02.05 Alcoholic Beverage Trade Practices. This action, which was proposed for
adoption in 41:18 Md. R. 1012 (September 5, 2014), has been
adopted as proposed.
Effective Date: December 11, 2014.
PETER FRANCHOT
Comptroller
Subtitle 02 ALCOHOL AND TOBACCO TAX
03.02.05 Alcoholic Beverage Trade Practices Authority: Article 2B, §§16-301 and 16-302, Annotated Code of Maryland
Notice of Final Action [14-267-F]
On November 17, 2014, the Comptroller of Maryland adopted
amendments to Regulation .10 under COMAR 03.02.05 Alcoholic Beverage Trade Practices. This action, which was proposed for
adoption in 41:18 Md. R. 1013 (September 5, 2014), has been
adopted as proposed.
Effective Date: December 11, 2014.
PETER FRANCHOT
Comptroller
Subtitle 02 ALCOHOL AND TOBACCO TAX
03.02.05 Alcoholic Beverage Trade Practices Authority: Article 2B, §§16-301 and 16-302, Annotated Code of Maryland
Notice of Final Action [14-266-F]
On November 17, 2014, the Comptroller of Maryland adopted
amendments to Regulation .12 under COMAR 03.02.05 Alcoholic Beverage Trade Practices. This action, which was proposed for
adoption in 41:18 Md. R. 1013—1014 (September 5, 2014), has been
adopted as proposed.
Effective Date: December 11, 2014.
PETER FRANCHOT
Comptroller
Title 09 DEPARTMENT OF LABOR,
LICENSING, AND REGULATION
Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION
09.03.12 Foreclosure Procedures for Residential Property Authority: Real Property Article, §7-105.1, Annotated Code of Maryland
Notice of Final Action [14-275-F]
On November 13, 2014, the Commissioner of Financial
Regulation adopted amendments to Regulations .01 and .02 under
COMAR 09.03.12 Foreclosure Procedures for Residential Property. This action, which was proposed for adoption in 41:19
Md. R. 1084—1085 (September 19, 2014), has been adopted with the
nonsubstantive changes shown below.
Effective Date: December 11, 2014.
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:
The proposed Notice of Foreclosure Action for owner-occupied
properties (Appendix H-1) where the secured party has filed a
preliminary loss mitigation affidavit stated that the borrower had 25
days to request foreclosure mediation after receipt of a final loss
FINAL ACTION ON REGULATIONS 1427
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
mitigation affidavit. This statement has been changed because the law
gives a borrower 25 days from the mailing date of the loss mitigation
affidavit to request foreclosure mediation. This change is
nonsubstantive because it brings the form into compliance with the
enabling statute. A clean copy of the revised form is being published;
no other forms have been changed.
NOTE: The form referenced in this final appears at the end of the Final Action on Regulations section of this issue of the Maryland Register.
GORDON COOLEY
Acting Commissioner of Financial Regulation
Title 10 DEPARTMENT OF HEALTH
AND MENTAL HYGIENE Subtitle 09 MEDICAL CARE
PROGRAMS 10.09.10 Nursing Facility Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Final Action [14-222-F]
On November 17, 2014, the Secretary of Health and Mental
Hygiene adopted amendments to Regulations .07, .07-1, and .17
under COMAR 10.09.10 Nursing Facility Services. This action,
which was proposed for adoption in 41:15 Md. R. 907—908 (July 25,
2014), has been adopted with the nonsubstantive changes shown
below.
Effective Date: December 11, 2014.
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 .17V: Removed unnecessary deletion.
Regulation .17W: Removed unnecessary deletion.
Regulation .17X: Deleted §X to remain consistent with current
practice.
.17 Selected Costs — Not Allowable. The following costs are not allowable in establishing interim and
final per diem payment rates:
A.—U. (proposed text unchanged)
V. A percentage of the legal, accounting, and other professional
expenses related to an appeal as described in §U of this regulation,
based upon the proportion of additional reimbursement denied to the
total additional reimbursement sought on appeal, if a facility prevails
on some but not all issues raised in the appeal or action; [[[]]and [[]]] W. Any charges assessed by the Department for recovery of
overpayments[[;and
X. Costs incurred for legal services relating to establishing
Medical Assistance Program financial eligibility for nursing facility
services or obtaining representation or guardianship of nursing
facility residents or their property]].
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.54 Home and Community-Based Options Waiver
Authority: Health-General Article, §§2-104(6), 15-103, 15-105, and 15-132,
Annotated Code of Maryland
Notice of Final Action [14-258-F]
On November 17, 2014, the Secretary of Health and Mental
Hygiene adopted new Regulations .10-1 and .18-1 and amendments
to Regulation .21 under COMAR 10.09.54 Home and Community-Based Options Waiver. This action, which was proposed for
adoption in 41:18 Md. R. 1021—1022 (September 5, 2014), has been
adopted as proposed.
Effective Date: December 11, 2014.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Subtitle 12 ADULT HEALTH 10.12.03 Cosmetic Surgical Facilities
Authority: Health-General Article, Title 19, Subtitle 3C, Annotated Code of
Maryland
Notice of Final Action [14-273-F]
On November 10, 2014, the Secretary of Health and Mental
Hygiene adopted new Regulations .01—.12 under a new chapter,
COMAR 10.12.03 Cosmetic Surgical Facilities. This action,
which was proposed for adoption in 41:19 Md. R. 1086—1090
(September 19, 2014), has been adopted as proposed.
Effective Date: July 1, 2015.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Subtitle 21 MENTAL HYGIENE REGULATIONS
10.21.25 Fee Schedule — Mental Health Services — Community-Based Programs and Individual Practitioners
Authority: Health-General Article, §§10-901, 15-103, and 15-105; Title 16,
Subtitles 1 and 2; Annotated Code of Maryland
Notice of Final Action [14-210-F]
On November 10, 2014, the Secretary of Health and Mental
Hygiene adopted amendments to Regulation .09 under COMAR 10.21.25 Fee Schedule — Mental Health Services — Community-Based Programs and Individual Practitioners. This action, which
was proposed for adoption in 41:14 Md. R. 833 (July 11, 2014), has
been adopted as proposed.
Effective Date: December 11, 2014.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
FINAL ACTION ON REGULATIONS 1428
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Notice of Final Action [14-197-F]
On November 17, 2014, the Secretary of Health and Mental
Hygiene adopted:
(1) Amendments to Regulations .01 and .02 under COMAR 10.27.19 Code of Ethics;
(2) Amendments to Regulations .01 and .02 under COMAR 10.39.07 Certified Nursing Assistants/Certified Medication Technicians (CNA/CMT) — Code of Ethics; and
(3) New Regulation .01, the recodification of existing
Regulations .01 and .03 to be Regulations .02 and .04, and
amendment to and the recodification of existing Regulation .02 to be
Regulation .03 under COMAR 10.53.05 Standards of Practice and Conduct.
This action, which was proposed for adoption in 41:14 Md. R.
833—836 (July 11, 2014), has been adopted as proposed.
Effective Date: December 11, 2014.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Title 12 DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES
Subtitle 10 CORRECTIONAL TRAINING COMMISSION
12.10.01 General Regulations Authority: Correctional Services Article, §8-208, Annotated Code of
Maryland
Notice of Final Action [14-259-F]
On October 22, 2014, the Secretary of Public Safety and
Correctional Services, in cooperation with the Correctional Training
Commission, adopted amendments to Regulation .02 under COMAR 12.10.01 General Regulations. This action, which was proposed for
adoption in 41:18 Md. R. 1025—1026 (September 5, 2014), has been
adopted as proposed.
Effective Date: December 11, 2014.
GREGG L. HERSHBERGER
Secretary of Public Safety and Correctional Services
Subtitle 10 CORRECTIONAL TRAINING COMMISSION
12.10.05 Electronic Control Device Training Authority: Correctional Services Article, §2-109; Public Safety Article, §3-
207; Annotated Code of Maryland
Notice of Final Action [14-169-F]
On October 22, 2014, the Secretary of Public Safety and
Correctional Services, in cooperation with the Correctional Training
Commission, adopted amendments to Regulation .02 under COMAR 12.10.05 Electronic Control Devices Training. This action, which
was proposed for adoption in 41:12 Md. R. 693 (June 13, 2014), has
been adopted as proposed.
Effective Date: December 11, 2014.
GREGG L. HERSHBERGER
Secretary of Public Safety and Correctional Services
1429
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Proposed Action on Regulations
Title 03 COMPTROLLER OF THE
TREASURY Subtitle 02 ALCOHOL AND TOBACCO
TAX 03.02.01 Alcoholic Beverages
Authority: Article 2B, §2-101, 16-301, 16-302, and 16-303; Tax-General
Article §2-103; Annotated Code of Maryland
Notice of Proposed Action [14-353-P]
The Comptroller of the Treasury proposes to amend Regulation
.20 under COMAR 03.02.01 Alcoholic Beverages.
Statement of Purpose The purpose of this action is to include the definition of a
warehouseman and further clarify the regulation.
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 Sukanya Mukherjee, Staff Attorney,
Comptroller of Maryland, 80 Calvert St. Annapolis, MD 21404, or
call 410-260-7494, or email to [email protected].
Comments will be accepted through December 31, 2014. A public
hearing has not been scheduled.
.20 Come to Rest. A. Definitions.
(1)—(3) (text unchanged)
(4) “Warehouseman” means a person who is an employee of
the wholesaler and listed on the regular salary list or payroll of the
wholesaler.
B.—C. (text unchanged)
D. Come to Rest Compliance Requirement. The person driving the
delivery vehicle and delivering the alcoholic beverage shall record
the delivery location, date, and time and have it verified, by
signature, upon delivery by the warehouseman. The warehouseman
shall record the loading location, date, and time the alcoholic
beverages are placed in a vehicle for delivery to a retailer and also
shall record the identification information of the delivery vehicle. The
driver of the retail delivery vehicle shall verify, by signature, the
information recorded by the warehouseman upon loading of the
alcoholic beverages.
PETER FRANCHOT
Comptroller
Title 08 DEPARTMENT OF NATURAL
RESOURCES Subtitle 01 OFFICE OF THE
SECRETARY 08.01.02 Wildlands in Maryland Authority: Natural Resources Article, §5-1203, Annotated Code of Maryland
Notice of Proposed Action [14-341-P]
The Secretary of Natural Resources proposes to amend
Regulations .02 and .04 — .06 under COMAR 08.01.02 Wildlands in Maryland.
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 1430
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Statement of Purpose The purpose of this action is to implement Natural Resources
Article, §5-1203, Annotated Code of Maryland, which became
effective October 1, 2014. The proposed action clarifies the statute by
placing all wildlands and their restrictions into an easy to read,
organized location. Specifically, land was added to fourteen existing
wildland areas, nine new wildland areas were added, and special
provisions for several of the new wildland areas were identified.
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 John F. Wilson, Associate Director,
Stewardship, Land Acquisition and Planning, E-4, 580 Taylor
Avenue, Annapolis, MD 21401, or call 410-260-8412, or email to
[email protected], or fax to 410-260-8404. Comments will
be accepted through December 31, 2014. A public hearing has not
been scheduled.
.02 State Wildlands System. A. (text unchanged)
B. Types of Wildlands.
(1) “Type [I] 1 wildland” means a primitive area which by its
size and location is in effect untouched by urban civilization and can
offer the experience of solitude and self-reliance. Type [I] 1
wildlands are usually lands located at higher elevations that protect
watersheds and are ecologically vulnerable to human interferences.
(2) “Type [II] 2 wildland” means a unit of importance for
natural sciences and ecology with outstanding value for education,
research, and appreciation of natural processes. Preservation of the
desired natural condition is the prevailing purpose of the Type [II] 2
wildlands.
(3) “Type [III] 3 wildland” means an area which is not of
ecological or primitive stature but which has the appearance of being
in an untouched natural state.
C. (text unchanged)
D. Name, Location, and Acreage of State Wildlands.
(1) There are presently [27] 38 State-owned areas administered
by the Department identified as State wildlands.
_________________________________________
(2) The general location, types, and acreage of State-owned wildlands are as follows:
Type Project Acreage Location County
Type 1
Big Savage Mountain [2691] 2879 acres Savage River SF Garrett
Bear Pen 1517 acres Savage River SF Garrett
Middle Fork [1916] 2932 acres Savage River SF Garrett
High Rock 650 acres Savage River SF Garrett
Maple Run [2760] 5125 acres Green Ridge SF Allegany
Cunningham Falls [3452] 4397 acres Cunningham Falls SF Frederick
Savage Ravines 2789 acres Savage River SF Garrett
Dan’s Mountain 4047 acres Dan’s Mountain WMA Allegany
Upper White Rock 300 acres Garrett SF Garrett
Backbone Mountain 1706 acres Potomac SF/Savage River SF Garrett
Maple Lick Run 600 acres Potomac SF Garrett
Puzzley Run 457 acres Savage River SF Garrett
Type [II] 2
Deep Run [1260] 1416 acres Green Ridge SF Allegany
Potomac Bends [2034] 2645 acres Green Ridge SF Allegany
Rocky Gap 943 acres Rocky Gap SP Allegany
Sideling Hill [922] 1555 acres Sideling Hill WMA Allegany/
Washington
Islands of the Potomac [670] 790 acres Islands of the Potomac WMA Frederick/Montgomery
Black Marsh 667 acres North Point SP Baltimore
Gunpowder Falls 792 acres Gunpowder Falls SP Baltimore
Patuxent River 1579 acres Patuxent River SP Howard/
Montgomery
Soldiers Delight [1526] 1798 acres Soldiers Delight NEA Baltimore
Morgan Run 499 acres Morgan Run NEA Carroll
Panther Branch 735 acres Gunpowder Falls SP Baltimore
Sweathouse Branch 1073 acres Gunpowder Falls SP Baltimore
Mingo Branch/Bush Cabin Run 1272 acres Gunpowder Falls SP Baltimore
Belt Woods 610 acres Belt Woods NEA Prince George’s
Calvert Cliffs 1079 acres Calvert Cliffs SP Calvert
St. Mary’s River 1445 acres St. Mary’s River SP St. Mary’s
Mattawoman [1605] 2993 acres Mattawoman NEA Charles
PROPOSED ACTION ON REGULATIONS 1431
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
[Ilylwild] Idylwild 570 acres Idylwild WMA Caroline
Pocomoke River [2481] 3029 acres Pocomoke SF/SP Worcester
Cypress Swamp [1784] 2090 acres Pocomoke SF Worcester
Cedar Island 2880 acres Cedar Island WMA Somerset
South Savage 2079 acres Savage River SF Garrett
Janes Island 3125 acres Janes Island SP Somerset
Parker’s Creek 1756 acres Parker’s Creek WMA Calvert
Zekiah Swamp 443 acres Zekiah Swamp NEA Charles
Chapman 694 acres Chapman SP Charles
Type [III] 3 (None At This Time)
Total acreage of wildlands = [39412] 65,956 acres Key: SP = State Park WMA = Wildlife Management Area SF = State Forest NEA = Natural
Environment Area
_________________________________________
.04 Permitted Activities—Select Units of the State Wildlands Preservation System.
A. The uses and activities in §§B—[J] N of this regulation are
permitted only in the wildlands specified.
B.—I. (text unchanged)
J. Cypress Swamp Wildlands.
(1) Activities related to the maintenance of existing public
drainage within Cypress Swamp wildland are permitted if all local
and State requirements for review, permit, and approval are followed.
(2) The existing stand of planted pine trees in Parcel 5
identified in Natural Resources Article, §5-1203(c)(2), Annotated
Code of Maryland, may be harvested by the Department using
mechanical or motorized equipment, and the area then reforested or
allowed to naturally revert to a forested condition.
K. Mattawoman Wildland. With prior approval of the Maryland
Historical Trust and after an internal Departmental review, the
Department may authorize:
(1) Archaeological inventories, studies, and research that
involve surface examination or limited substrate sampling;
(2) Salvage and excavation of archaeological sites; and
(3) Stabilization and restoration of historic structures existing
as of October 1, 2014.
L. Parker’s Creek Wildland. In order to preserve, maintain, study,
research, and educate the public about the unique ecological features
and rare habitats in the Parker’s Creek Wildland area, within
Parker’s Creek Wildland the Department may:
(1) Retain, maintain, remove, or replace existing structures,
trails, parking areas, and roads using mechanical or motorized
equipment;
(2) Remove, replace, or dispose of non-native species using
mechanical or motorized equipment;
(3) Erect fencing, gates, or signs in order to protect or identify
unique natural or historical elements;
(4) Construct and maintain not more than two viewing
platforms adjacent to hiking trails for public observation;
(5) Construct and maintain a footbridge across Parker’s Creek
at the historical crossing found at the southern terminus of Old
Parker’s Creek Road; and
(6) Continue to authorize agricultural management activities
on the Goldstein Bay Farm for so long as an agricultural lease is in
effect.
M. Chapman Wildland. With prior approval of the Maryland
Historical Trust and after an internal Departmental review, the
Department may authorize:
(1) Archaeological inventories, studies, and research that
involve surface examination or limited substrate sampling;
(2) Salvage and excavation of archaeological sites; and
(3) Stabilization and restoration of historic structures existing
as of October 1, 2014.
N. Dan’s Mountain Wildland. In Dan’s Mountain Wildland area
the Department may:
(1) Establish and maintain roads and trails to provide access
for wildlife-dependent recreation;
(2) Improve and manage habitat for early-succession wildlife;
and
(3) Take all other actions necessary to manage the area in a
way that fulfills the purposes of the 1966 Federal Aid in Fish and
Wildlife Restoration Act grant from the Department of the Interior
that partially funded acquisition of the area.
.05 Prohibited Activities—State Wildlands Preservation System. A. Except when expressly permitted under Regulation [.02 or ].03
or .04 of this chapter, the uses and activities in §§B—G of this
regulation are prohibited in a wildland.
B.—G. (text unchanged)
.06 Restricted and Conditional Activities—State Wildlands Preservation System.
A. Except when expressly permitted under Regulation [.02 or ].03
or .04 of this chapter, the uses and activities listed in §§B—J of this
regulation are restricted.
B.—J. (text unchanged)
JOSEPH P. GILL
Secretary of Natural Resources
Title 10 DEPARTMENT OF HEALTH
AND MENTAL HYGIENE Subtitle 09 MEDICAL CARE
PROGRAMS 10.09.23 Early and Periodic Screening, Diagnosis
and Treatment (EPSDT) Services Authority: Health-General Article, §§2-104(b), Annotated Code of Maryland
Notice of Proposed Action [14-340-P]
The Secretary of Health and Mental Hygiene proposes to amend
Regulation .06 under COMAR 10.09.23 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services.
Statement of Purpose The purpose of this action is to clarify which services require
preauthorization.
PROPOSED ACTION ON REGULATIONS 1432
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
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 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
[email protected], or fax to 410-767-6483. Comments will
be accepted through December 31, 2014. A public hearing has not
been scheduled.
.06 Preauthorization. Preauthorization is required for:
A.—D. (text unchanged)
E. Residential treatment services, as specified in COMAR
10.09.29.06; [and] F. Therapeutic behavioral services, as specified in COMAR
10.09.34.05[.]; and
G. Intermediate Care Facilities, as specified in COMAR
10.47.02.09.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Title 15 DEPARTMENT OF
AGRICULTURE Subtitle 20 SOIL AND WATER
CONSERVATION Notice of Proposed Action
[14-354-P]
The Secretary of Agriculture proposes to:
(1) Amend Regulation .11 under COMAR 15.20.04 Nutrient Management Certification and Licensing;
(2) Amend Regulation .02 under COMAR 15.20.07 Agricultural Operation Nutrient Management Plan Requirements; and
(3) Amend Regulations .01, .03, and .05, repeal existing
Regulations .06 and .07, and adopt new Regulations .06 ― .12 under
COMAR 15.20.08 Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation.
At this time, the proposal to amend Regulation .11 under
COMAR 15.20.04 Nutrient Management Certification and Licensing, Regulation .02 under COMAR 15.20.07 Agricultural Operation Nutrient Management Plan Requirements, and
Regulation .05 under COMAR 15.20.08 Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation, as published in 40:21 Md. R. 1840—1843 (October 18,
2013) is being withdrawn.
Statement of Purpose The purpose of this action is to add Supplement No. 8 (November,
2014) to the Maryland Nutrient Management Manual, which is
incorporated by reference under COMAR 15.20.07.02 Supplement
No. 8 (November, 2014) and includes modification to the method for
determining nutrient recommendations, specifically the method for
the determination of phosphorus as the limiting nutrient by
transitioning to the use of the Phosphorus Management Tool. This
action subsequently impacts COMAR 15.20.04.11 and 15.20.08.05
by defining the method and elements for determining required
nutrient recommendations in a nutrient management plan.
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 regulation will
affect certain farms with high phosphorus levels in the soil.
Additional management will be required on farms based on the risk
of phosphorus loss from the field. Generally, farmers will be required
to reduce or eliminate the application of additional phosphorus to
their fields. In cases where organic sources of nutrients, such as
animal manures containing both phosphorus and nitrogen, have been
applied, farmers will be required to purchase inorganic commercial
fertilizer to provide the nitrogen previously provided by manure.
These newly restricted animal manures will need to be transported to
other farms to acreage that can appropriately utilize the manure in
accordance with new requirements.
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: (-) $22.5 million
E. On other industries or
trade groups: (+) $10.1 million
NONE
F. Direct and indirect
effects on public: (+) $100 million
NONE
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
D. The proposed regulation will affect certain farms with high
phosphorus levels in the soil. The proposal amends an existing risk
assessment tool, known as the Phosphorus Site Index (PSI), used to
determine the potential for phosphorus loss from the field. The new
Phosphorus Management Tool (PMT), developed by scientists at the
University of Maryland, is suggested to have the greatest potential
impact on soils with high soil phosphorus in areas where ground
water is closest to the surface.
Additional management will be required on farms based on the
risk of phosphorus loss from the field. Generally, farmers will be
required to reduce or eliminate the application of additional
PROPOSED ACTION ON REGULATIONS 1433
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
phosphorus to their fields. In cases where organic sources of
nutrients, such as animal manures containing both phosphorus and
nitrogen, have been applied, farmers will be required to purchase
inorganic commercial fertilizer to provide the nitrogen previously
provided by manure. These newly restricted animal manures will
need to be transported to other farms to acreage that can
appropriately utilize the manure in accordance with new
requirements.
The Department commissioned a report by the Business Economic
and Community Network (BEACON) at Salisbury University to
analyze the costs and benefits associated with the implementation of
the PMT. Under the direction of Dr. Memo Diriker, a stakeholder
advisory group provided extensive detail on agricultural management
and operational cost information. A range of macro level cost
variables were considered for factors affected by the PMT, including
agriculture, land values, recreation, water-based activities, crop
fertilizer, manure transportation and handling, infrastructure,
community costs, and others.
The BEACON study considered three implementation scenarios,
including the six-year phase-in approach proposed by the regulation.
The six year scenario assumed incentives and program support of $79
million to offset farm-related costs and support the deployment of
alternative technologies related to manure utilization. Current state
and federal funding provide $58 million of support and $21 million is
assumed to be new funding, with $15.5 million of the new funding
provided from state sources.
Cost variables were considered over a range of cost, given certain
unknown factors, producing a range of net aggregate costs. The net
aggregate cost for the six-year scenario at the 50th percentile is $22.5
million. According to the report, this number represents macro level
PMT implementation costs minus subsidies.
While the BEACON study considered both macro and micro
(farm-scale) impacts, Dr. Diriker explains that specific farm-scale
costs cannot calculated until more specific detail regarding
requirements are provided and certain experience is realized to
inform further analysis. While certain farms will realize additional
operating costs due to manure transportation and handling and
replacement commercial fertilizer, other farms will likely realize
lower operating costs through the use of relocated manure as a source
of crop nutrients. The study developed a farm-scale template that can
be activated to more specifically estimate individual farm impacts
once additional information is available.
E. Assuming 228,000 tons of additional poultry litter to require
relocation to other farms for land application, an average cost of $14
per ton for transportation costs, and existing level of Manure
Transport Program activity is maintained, total public expenditures
for manure transport will exceed $4.6 million annually. These
subsidies translate into additional economic activity for contractors
providing these services to farmers. Additionally, infrastructure
expansion costs for manure transportation and loading equipment,
plus additional spreading equipment for commercial fertilizer is
estimated to generate $5.5 million in sales for vendors of such new
equipment.
F. The public will benefit from the proposal through improved
water quality and environmental conditions in local rivers and
streams. The quality of life of Marylanders will improve by virtue of
healthy local water bodies and additional measures toward a restored
Chesapeake Bay.
The BEACON study included consideration of environmental and
social benefits that might be derived from implementing the PMT.
The final report cites an October 2014 Chesapeake Bay Foundation
(CBF) report, The Economic Benefits of Cleaning Up the
Chesapeake Bay. The CBF report attributes $4.6 billion of annual
economic benefit to Maryland as result of meeting Bay restoration
goals. BEACON estimates $100 million of statewide economic
benefits associated with implementing the PMT on the Eastern Shore.
However the BEACON report cites, “While significant, this
statewide MACRO-Level benefit estimate attributable to the
implementation of the PMT on the
Eastern Shore cannot be directly compared to the farm-level costs of
implementation estimated in the three scenarios. Most of the
MACRO-Level benefit estimates involve value enhancements and
potential cost savings. They are not financial resources that can be
used to defray the farmers’ PMT implementation costs.”
A copy of A Scenario Analysis of the Potential Costs of
Implementing the Phosphorus Management Tool on the Eastern
Shore of Maryland, BEACON at Salisbury University, November
2014, is available on the Department’s website at
http://mda.maryland.gov/Documents/pmt-analysis.pdf.
Economic Impact on Small Businesses The proposed action has a meaningful economic impact on small
business. An analysis of this economic impact follows.
The proposed regulation will affect certain farms with high
phosphorus levels in the soil. The proposal amends an existing risk
assessment tool, known as the Phosphorus Site Index (PSI), used to
determine the potential for phosphorus loss from the field. The new
Phosphorus Management Tool (PMT), developed by scientists at the
University of Maryland, is suggested to have the greatest potential
impact on soils with high soil phosphorus in areas where ground
water is closest to the surface.
Additional management will be required on farms based on the
risk of phosphorus loss from the field. Generally, farmers will be
required to reduce or eliminate the application of additional
phosphorus to their fields. In cases where organic sources of
nutrients, such as animal manures containing both phosphorus and
nitrogen, have been applied, farmers will be required to purchase
inorganic commercial fertilizer to provide the nitrogen previously
provided by manure. These newly restricted animal manures will
need to be transported to other farms to acreage that can
appropriately utilize the manure in accordance with new
requirements.
Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment Comments may be sent to Earl F. Hance, Secretary, Maryland
Department of Agriculture, 50 Harry S. Truman Parkway Suite 303,
Annapolis, Maryland 21401, or call 410-841-5881, or email to
[email protected], or fax to 410-841-5914. Comments will
be accepted through December 31, 2014. A public hearing has not
been scheduled.
15.20.04 Nutrient Management Certification and Licensing
Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
.11 Record-Keeping and Reporting Requirements. A. (text unchanged)
B. Information Concerning the Phosphorus Management Tool.
(1) As provided in subsections (2) and (3) of this section, a
license holder or a certified consultant who is not operating under a
license shall file a report with the Department that includes
information relating to nutrient management plans developed for
operations which have soils with a phosphorus fertility index value of
150 or above.
(2) The report shall include information that the Department
determines necessary to evaluate the implementation of the
PROPOSED ACTION ON REGULATIONS 1434
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Phosphorus Management Tool, as provided in the Maryland Nutrient
Management Manual, Section II-C2.
(3) The report shall be filed on a form developed by the
Department in accordance with a schedule determined by the
Department.
(4) The Department shall maintain the confidentiality of
information provided in the report as required by Agriculture Article
§ 8-801.1(b), Annotated Code of Maryland.
[B.] C. (text unchanged)
15.20.07 Agricultural Operation Nutrient Management Plan Requirements
Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
.02 Incorporation by Reference. The performance and technical standards provided in this subtitle
are found in the Department of Agriculture’s Maryland Nutrient
Management Manual (November 1999), Supplement No. 1
(September 2000), Supplement No. 2 (November 2001), Supplement
No. 3 (September 2004), Supplement No. 4 (November 2005), [and] Supplement No. 5 (November 2006), Supplement No. 6 (May 2009),
[and] Supplement No. 7 (May 2012), and Supplement No. 8
(November 2014), which are incorporated by reference.
15.20.08 Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation
Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland
.01 Scope. A.—C. (text unchanged)
D. This chapter also describes the transition from the Phosphorus
Site Index to the Phosphorus Management Tool as a means to
identify potential risk of phosphorus loss from farms. Like the
Phosphorus Site Index, the Phosphorus Management Tool will be
employed when a soil sample analysis shows a phosphorus fertility
index value (“P FIV”) of 150 or greater. As shown in the chart in
Regulation .10 of this chapter, the Phosphorus Management Tool will
be phased-in over a 6-year period. Farms that have excess soil
phosphorus will be placed in one of three tiers, as determined by the
particular operation’s average phosphorus fertility index value.
Farms with an average P FIV of 450 and greater will be the first
operations required to begin implementing the Phosphorus
Management Tool, but will be given a longer time-frame to fully
implement it. Farms with an average P FIV, respectively, of (1) 150
and greater but less than 300, and (2) 300 and greater but less than
450) will be required to begin implementing the Phosphorus
Management Tool later but will be given less time to complete this
transition.
.03 Definitions. A. (text unchanged)
B. Terms Defined.
(1)—(3) (text unchanged)
(4) “Average Soil Phosphorus Fertility Index Value” or
“Average Soil P FIV” means a value:
(a) Determined for an agricultural operation by averaging
the P FIV of all fields or management units within the operation that
have a P FIV greater than 150 (calculated by adding together the P
FIV of each field or management unit within the operation that has a
P FIV greater than 150 and dividing this sum by number of any such
fields or management units); and
(b) Established not later than June 30, 2016, using soil tests
not more than 3 years old.
[(4)] (5)—[(29)] (30) (text unchanged)
(31) “Phosphorus Management Tool” means the new
procedure developed by the University of Maryland, approved by the
Department, and described in the Maryland Nutrient Management
Manual, Section II-C, that:
(a) Uses characteristics of soils, landforms, and
management practices to identify potential risk of phosphorus losses
from soils to waters; and
(b) Shall be phased-in between 2016 and 2021, ultimately
replacing the Phosphorus Site Index.
[(30)] (32) “Phosphorus [site index] Site Index” means the
original procedure developed by the University of Maryland,
approved by the Department, and described in the Maryland Nutrient
Management Manual, Section II-C, that:
(a)—(b) (text unchanged)
(33) “Phosphorus Transition Management Phase I” means the
first of two management phases that farms with a soil P FIV of 150
or greater shall employ when transitioning from use of the
Phosphorus Site Index to the Phosphorus Management Tool as a
means to determine the application of additional phosphorus that:
(a) Consists of three risk categories determined by a
calculation of the Phosphorus Management Tool; and
(b) Includes a schedule for implementation based on the
average soil P FIV for the operation.
(34) “Phosphorus Transition Management Phase II” means the
second of two management phases that farms with a soil P FIV of
150 or greater shall employ when transitioning from the use of the
Phosphorus Site Index to the Phosphorus Management Tool as a
means to determine the application of additional phosphorus that:
(a) Consists of three risk categories determined by a
calculation of the Phosphorus Management Tool; and
(b) Includes a schedule for implementation based on the
average soil P FIV for the operation.
[(31)] (35)—[(36)] (40) (text unchanged)
(41) “Tier A operations” means those farms that have an
average soil P FIV of 150 or greater but less than 300.
(42) “Tier B operations” means those farms that have an
average soil P FIV of 300 or greater but less than 450.
(43) “Tier C operations” means those farms that have an
average soil P FIV of 450 or greater.
[(37)] (44)—[(39)] (46) (text unchanged)
.05 Nutrient Management—Required Plan Recommendations. A.—D. (text unchanged)
E. Determination of Limiting Nutrient.
(1)—(2) (text unchanged)
(3) If the soil sample analysis results show a phosphorus
fertility index value (FIV) of less than 150, nutrient recommendations
may [use] be based on nitrogen plant needs as the limiting factor in
accordance with the recommendations described in the Maryland
Nutrient Management Manual, Section 1-B.
(4) Phosphorus Criteria for Tier A Operations.
[(a) If the soil sample analysis results show a phosphorus
fertility index value (FIV) of 150 or greater, a phosphorus site index
or other phosphorus risk assessment method acceptable to the
Department, as provided in the Maryland Nutrient Management
Manual, Section II-B, shall be used to determine the potential risk of
phosphorus loss due to site characteristics.
(b) If the risk for potential movement of phosphorus from
the site is low according to the phosphorus site index, nutrient
recommendations by the consultant or certified farm operator may
use nitrogen plant needs as the limiting factor.
PROPOSED ACTION ON REGULATIONS 1435
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
(c) If the risk for potential movement of phosphorus from
the site is medium according to the phosphorus site index:
(i) Nutrient rates shall be based on nitrogen plant needs
as the limiting factor no more than 1 out of every 3 years. Phosphorus
rates the other 2 years shall be limited to the expected amount
removed from the field by the crop or plant harvest, or the amount
indicated by soil testing in accordance with the recommendations
described in the Maryland Nutrient Management Manual, Section I-
B, whichever is greater; or
(ii) Nutrient recommendations may use nitrogen plant
needs as the limiting factor if BMPs are implemented by the operator
and address site or management characteristics to reduce the risk of
phosphorus loss to low.
(d) If the risk for potential movement of phosphorus from
the site is high according to the phosphorus site index:
(i) Phosphorus rates shall be limited to the expected
amount removed from the field by the crop or plant harvest, or the
amount indicated by soil testing, in accordance with the
recommendations described in the Maryland Nutrient Management
Manual, Section I-B; or
(ii) If BMPs are implemented by the operator, and
address site or management characteristics to reduce the risk of
phosphorus loss to medium, nutrient rates may be based on nitrogen
plant needs as the limiting factor not more than 1 out of every 3
years. Phosphorus rates the other 2 years shall be limited to the
expected amount removed from the field by the crop or plant harvest,
or the amount indicated by soil testing or in accordance with
recommendations described in the Maryland Nutrient Management
Manual, Section I-B, whichever is greater.
(e) If the risk for potential movement of phosphorus from
the site is very high according to the phosphorus site index:
(i) No additional phosphorus may be applied; or
(ii) If BMPs are implemented by the operator, and
address site or management characteristics to reduce the risk of
phosphorus loss to high, recommended rates of application of
phosphorus shall be limited to the expected amount removed from the
field by the crop or plant harvest, or the amount indicated by soil
testing in accordance with recommendations described in the
Maryland Nutrient Management Manual, Section I-B.
(5) Before the deadlines set forth in COMAR 15.20.07.03
for the development of a phosphorus-based plan, a certified nutrient
management consultant or certified farm operator may use:
(a) The requirements of §E(1)—(3) of this regulation as a
planning tool to determine if future management changes are
indicated by the P index, and if development of a phased-in approach
to a phosphorus-based plan should be recommended; or
(b) §E(1)—(3) of this regulation as a guide to determine
nutrient management recommendations.] (a) Except for nutrient management plans developed in
accordance with §(e) of this subsection, the certified consultant shall:
(i) Provide the operator information outlining the
changes in the management of the operation that will be required
when the Phosphorus Management Tool becomes effective;
(ii) Calculate the Average Soil Phosphorus Fertility
Index Value for the operation; and
(iii) Report the Average Soil Phosphorus Fertility Index
Value for the operation to the Department on a form provided by the
Department no later than September 1, 2016.
(b) Nutrient management plans developed for
implementation before July 1, 2018 shall:
(i) Be developed using both the Phosphorus Site Index
and the Phosphorus Management Tool, as provided in the Maryland
Nutrient Management Manual, Section II-C; and
(ii) Use the Phosphorus Site Index set forth in Regulation
.06 of this chapter to determine phosphorus applications.
(c) Nutrient management plans developed for
implementation between July 1, 2018 and June 30, 2019 shall use the
Phosphorus Transition Management Phase 1 set forth in Regulation
.07 of this chapter to determine phosphorus applications.
(d) Nutrient management plans developed for
implementation between July 1, 2019 and June 30, 2020 shall use the
Phosphorus Transition Management Phase 2 set forth in Regulation
.08 of this chapter to determine phosphorus applications.
(e) Nutrient management plans developed for
implementation after July 1, 2020 shall use the Phosphorus
Management Tool set forth in Regulation .09 of this chapter to
determine phosphorus applications.
(5) Phosphorus Criteria for Tier B Operations.
(a) Except for nutrient management plans developed in
accordance with §(e) of this subsection, the certified consultant shall:
(i) Provide the operator information outlining the
changes in the management of the operation that shall be required
when the Phosphorus Management Tool becomes effective;
(ii) Calculate the Average Soil Phosphorus Fertility
Index Value for the operation; and
(iii) Report the Average Soil Phosphorus Fertility Index
Value for the operation to the Department on a form provided by the
Department not later than September 1, 2016.
(b) Nutrient management plans developed for
implementation before July 1, 2017 shall use the Phosphorus Site
Index set forth in Regulation .06 of this chapter to determine
phosphorus applications.
(c) Nutrient management plans developed for
implementation between July 1, 2017 and June 30, 2018 shall use the
Phosphorus Transition Management Phase 1 set forth in Regulation
.07 of this chapter to determine phosphorus applications.
(d) Nutrient management plans developed for
implementation between July 1, 2018 and June 30, 2020 shall use the
Phosphorus Transition Management Phase 2 set forth in Regulation
.08 of this chapter to determine phosphorus applications.
(e) Nutrient management plans developed for
implementation after July 1, 2020 shall use the Phosphorus
Management Tool set forth in Regulation .09 of this chapter to
determine phosphorus applications.
(6) Phosphorus Criteria for Tier C Operations.
(a) Except for nutrient management plans developed in
accordance with §(e) of this subsection, the certified consultant shall:
(i) Provide the operator information outlining the
changes in the management of the operation that will be required
when the Phosphorus Management Tool becomes effective;
(ii) Calculate the Average Soil Phosphorus Fertility
Index Value for the operation; and
(iii) Report the Average Soil Phosphorus Fertility Index
Value for the operation to the Department on a form provided by the
Department not later than September 1, 2016.
(b) Nutrient management plans developed for
implementation prior to July 1, 2016 shall use the Phosphorus Site
Index set forth in Regulation .06 of this chapter to determine
phosphorus applications.
(c) Nutrient management plans developed for
implementation between July 1, 2016 and June 30, 2018 shall use the
Phosphorus Transition Management Phase 1 set forth in Regulation
.07 of this chapter to determine phosphorus applications.
(d) Nutrient management plans developed for
implementation between July 1, 2018 and June 30, 2020 shall use the
Phosphorus Transition Management Phase 2 set forth in Regulation
.08 of this chapter to determine phosphorus applications.
(e) Nutrient management plans developed for
implementation after July 1, 2020 shall use the Phosphorus
PROPOSED ACTION ON REGULATIONS 1436
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Management Tool set forth in Regulation .09 of this chapter to
determine phosphorus applications.
F.—I. (text unchanged)
.06 Nutrient Management—Phosphorus Site Index.
A. If the soil sample analysis results show a phosphorus fertility
index value of 150 or greater, the Phosphorus Site Index, as provided
in the Maryland Nutrient Management Manual, Section II-C1, shall
be used to determine the potential risk of phosphorus loss due to site
characteristics.
B. Low Risk of Potential Phosphorus Loss. If the risk for potential
loss of phosphorus from the site is low according to the Phosphorus
Site Index, nutrient recommendations by the consultant or certified
farm operator may use nitrogen plant needs as the limiting factor.
C. Medium Risk of Potential Phosphorus Loss.
(1) Except as provided in §C(2) of this regulation, if the risk for
potential loss of phosphorus from the site is medium according to the
Phosphorus Site Index, nutrient rates shall be based on nitrogen
plant needs as the limiting factor not more than one out of every 3
years. Phosphorus rates for the other 2 years shall be limited to the
expected amount removed from the field by the planned crop or plant
rotation immediately following the phosphorus application, not to
exceed two crops, or the amount indicated by soil testing in
accordance with the recommendations described in the Maryland
Nutrient Management Manual, Section I-B, whichever is greater.
(2) Nutrient recommendations may use nitrogen plant needs as
the limiting factor if BMPs are implemented by the operator before
or during the application of additional phosphorus that address site
or management characteristics which, according to the outcome of a
recalculation using the Phosphorus Site Index, reduce the risk of
phosphorus loss to low.
D. High Risk of Potential Phosphorus Loss.
(1) Except as provided in §D(2) of this regulation, if the risk for
potential loss of phosphorus from the site is high according to the
Phosphorus Site Index, phosphorus rates shall be limited to the
expected amount removed from the field by the planned crop or plant
rotation immediately following the phosphorus application, not to
exceed two crops, or the amount indicated by soil testing, in
accordance with the recommendations described in the Maryland
Nutrient Management Manual, Section I-B, whichever is greater.
(2) If BMPs are implemented by the operator before or during
the application of additional phosphorus that address site or
management characteristics which, according to the outcome of a
recalculation using the Phosphorus Site Index, reduce the risk of
phosphorus loss to medium, nutrient rates may be based on nitrogen
plant needs as the limiting factor not more than one out of every 3
years. Phosphorus rates for the other 2 years shall be limited to the
expected amount removed from the field by the planned crop or plant
rotation immediately following the phosphorus application, not to
exceed two crops, or the amount indicated by soil testing or in
accordance with recommendations described in the Maryland
Nutrient Management Manual, Section I-B, whichever is greater.
E. Very High Risk of Potential Phosphorus Loss.
(1) Except as provided in §E(2) of this regulation, if the risk for
potential loss of phosphorus from the site is very high according to
the Phosphorus Site Index, no additional phosphorus may be applied.
(2) If BMPs are implemented by the operator before or during
the application of additional phosphorus that address site or
management characteristics which, according to the outcome of a
recalculation using the Phosphorus Site Index, reduce the risk of
phosphorus loss to high, recommended rates of application of
phosphorus shall be limited to the expected amount removed from the
field by the crop or plant harvest, or the amount indicated by soil
testing in accordance with recommendations described in the
Maryland Nutrient Management Manual, Section I-B, whichever is
greater.
(3) The operator shall consider the implementation of
management practices and technologies that are effective in lowering
the risk of phosphorus loss, based on research and demonstration of
the University of Maryland, or other land grant university, or by the
United States Department of Agriculture, Natural Resources
Conservation Service, National Planning Procedures Handbook and
practice standards adopted for Maryland.
.07 Nutrient Management—Phosphorus Transition Management
Phase I.
A. If the soil sample analysis results show a phosphorus fertility
index value of 150 or greater, the Phosphorus Management Tool, as
provided in the Maryland Nutrient Management Manual, Section II-
C2, shall be used to determine the potential risk of phosphorus loss
due to site characteristics.
B. Low Risk of Potential Phosphorus Loss.
(1) If the risk for potential loss of phosphorus from the site is
low according to the Phosphorus Management Tool, nutrient
recommendations by the consultant or certified farm operator may
use nitrogen plant needs as the limiting factor.
(2) Nutrient applications shall not exceed the amount of
phosphorus removed by the planned crop over a 3-year period.
C. Medium Risk of Potential Phosphorus Loss.
(1) Except as provided in §C(2) of this regulation, if the risk for
potential loss of phosphorus from the site is medium according to the
Phosphorus Management Tool, total phosphorus applications related
to crops anticipated to be planted in a 3-year period shall not exceed
the amount of phosphorus removed by the planned crops over the 3-
year period, or the amount indicated by soil testing, in accordance
with the recommendations described in the Maryland Nutrient
Management Manual, Section I-B , whichever is greater.
(2) If BMPs are implemented by the operator before or during
the application of additional phosphorus that address site or
management characteristics which, according to the outcome of a
recalculation using the Phosphorus Management Tool, reduce the
risk of phosphorus loss to low, nutrient rates may be established as
provided by §B of this regulation.
D. High Risk of Potential Phosphorus Loss.
(1) Except as provided in §D(2) of this regulation, if the risk for
potential loss of phosphorus from the site is high according to the
Phosphorus Management Tool, phosphorus rates shall be limited to
the expected amount removed from the field by the planned crop or
plant rotation immediately following the phosphorus application, not
to exceed two crops, or the amount indicated by soil testing, in
accordance with the recommendations described in the Maryland
Nutrient Management Manual, Section I-B , whichever is greater.
(2) If BMPs are implemented by the operator before or during
the application of additional phosphorus that address site or
management characteristics which, according to the outcome of a
recalculation using the Phosphorus Management Tool, reduce the
risk of phosphorus loss to medium, nutrient rates may be established
as provided by §C of this regulation.
(3) The operator shall consider the implementation of
management practices and technologies that are effective in lowering
the risk of phosphorus loss, based on research and demonstration of
the University of Maryland, or other land grant university, or by the
United States Department of Agriculture, Natural Resources
Conservation Service, National Planning Procedures Handbook and
practice standards adopted for Maryland.
.08 Nutrient Management—Phosphorus Transition Management
Phase II.
A. If the soil sample analysis results show a phosphorus fertility
index value of 150 or greater, the Phosphorus Management Tool, as
PROPOSED ACTION ON REGULATIONS 1437
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
provided in the Maryland Nutrient Management Manual, Section II-
C2, shall be used to determine the potential risk of phosphorus loss
due to site characteristics.
B. Low Risk of Potential Phosphorus Loss. If the risk for potential
loss of phosphorus from the site is low according to the Phosphorus
Management Tool, total phosphorus applications related to crops
anticipated to be planted in a 3-year period shall not exceed the
amount of phosphorus removed by the planned crops over the 3-year
period, or the amount indicated by soil testing, in accordance with
the recommendations described in the Maryland Nutrient
Management Manual, Section I-B , whichever is greater.
C. Medium Risk of Potential Phosphorus Loss.
(1) Except as provided in §C(2) of this regulation, if the risk for
potential loss of phosphorus from the site is medium according to the
Phosphorus Management Tool, total phosphorus applications related
to crops anticipated to be planted in a 2-year period shall not exceed
the amount of phosphorus removed by the planned crops over the 2-
year period, or the amount indicated by soil testing, in accordance
with the recommendations described in the Maryland Nutrient
Management Manual, Section I-B , whichever is greater.
(2) If BMPs are implemented by the operator before or during
the application of additional phosphorus that address site or
management characteristics which, according to the outcome of a
recalculation using the Phosphorus Management Tool, reduce the
risk of phosphorus loss to low, nutrient rates may be established as
provided by §B of this regulation.
D. High Risk of Potential Phosphorus Loss.
(1) Except as provided in §D(3) and (4) of this regulation, if the
risk for potential loss of phosphorus from the site is high according
to the Phosphorus Management Tool, phosphorus rates shall be
limited to 50 percent of the expected amount removed from the field
by the planned crop or plant rotation immediately following the
phosphorus application, not to exceed two crops, or the amount
indicated by soil testing, in accordance with the recommendations
described in the Maryland Nutrient Management Manual, Section I-B
, whichever is greater.
(2) If limits of technology of available application equipment
prevent application at 50 percent of the expected amount removed
from the field by the crop or plant harvest immediately following the
phosphorus application, phosphorus rates shall be limited to the
expected amount removed from the field by the crop or plant harvest
immediately following the phosphorus application, or the amount
indicated by soil testing, in accordance with the recommendations
described in the Maryland Nutrient Management Manual, Section I-B
, whichever is greater.
(3) If BMPs are implemented by the operator before or during
the application of additional phosphorus, that address site or
management characteristics which, according to the outcome of a
recalculation using the Phosphorus Management Tool, reduce the
risk of phosphorus loss to medium, nutrient rates may be established
as provided by §C of this regulation.
(4) If the crop to be produced is certified as organic pursuant
to the requirements of the federal Organic Foods Production Act, 7
U.S.C. §6501 et seq., including implementing federal regulations, as
amended, recommended rates of application of phosphorus shall be
limited to the expected amount removed from the field by the planned
crop or plant rotation immediately following the phosphorus
application, or the amount indicated by soil testing in accordance
with recommendations described in the Maryland Nutrient
Management Manual, Section I-B, whichever is greater.
(5) The operator shall consider the implementation of
management practices and technologies that are effective in lowering
the risk of phosphorus loss, based on research and demonstration of
the University of Maryland, or other land grant university, or by the
United States Department of Agriculture, Natural Resources
Conservation Service, National Planning Procedures Handbook and
practice standards adopted for Maryland.
.09 Nutrient Management—Phosphorus Management Tool.
A. If the soil sample analysis results show a phosphorus fertility
index value of 150 or greater, the Phosphorus Management Tool, as
provided in the Maryland Nutrient Management Manual, Section II-
C2, shall be used to determine the potential risk of phosphorus loss
due to site characteristics.
B. Low Risk of Potential Phosphorus Loss. If the risk for potential
loss of phosphorus from the site is low according to the Phosphorus
Management Tool, total phosphorus applications related to crops
anticipated to be planted in a 3-year period shall not exceed the
amount of phosphorus removed by the planned crops over the 3-year
period.
C. Medium Risk of Potential Phosphorus Loss.
(1) Except as provided in §C(2) of this regulation, if the risk for
potential loss of phosphorus from the site is medium according to the
Phosphorus Management Tool, phosphorus rates shall be limited to
the expected amount removed from the field by the crop or plant
rotation immediately following the phosphorus application, not to
exceed two crops, or the amount indicated by soil testing, in
accordance with the recommendations described in the Maryland
Nutrient Management Manual, Section I-B , whichever is greater.
(2) If BMPs are implemented by the operator before or during
the application of additional phosphorus that address site or
management characteristics which, according to the outcome of a
recalculation using the Phosphorus Management Tool, reduce the
risk of phosphorus loss to low, nutrient rates may be established as
provided by §B of this regulation.
D. High Risk of Potential Phosphorus Loss.
(1) Except as provided in §D(2)—(6) of this regulation, if the
risk for potential loss of phosphorus from the site is high according
to the Phosphorus Management Tool, no additional phosphorus may
be applied.
(2) If BMPs are implemented by the operator before or during
the application of additional phosphorus that address site or
management characteristics which, according to the outcome of a
recalculation using the Phosphorus Management Tool, reduce the
risk of phosphorus loss to medium, nutrient rates may be established
as provided by §C of this regulation.
(3) If the crop to be produced is certified as organic pursuant
to the requirements of the federal Organic Foods Production Act, 7
U.S.C. § 6501 et seq., including implementing federal regulations, as
amended, recommended rates of application of phosphorus shall be
limited to the expected amount removed from the field by the planned
crop or plant rotation immediately following the phosphorus
application, not to exceed two crops, or the amount indicated by soil
testing in accordance with recommendations described in the
Maryland Nutrient Management Manual, Section I-B, whichever is
greater.
(4) Except when subject to cold and wet growing conditions,
crops determined to be deficient in phosphorus, as demonstrated by a
representative tissue analysis by an accredited laboratory, may
receive an application of phosphorus not to exceed 25 percent of the
expected amount removed from the field by the crop or plant harvest
immediately following the phosphorus application.
(5) Vegetable and tobacco crops with a recommended
phosphorus application rate of 40pounds or more at optimum or
excessive fertility levels as provided in the Maryland Nutrient
Management Manual, Section I-B, may receive a phosphorus
application at planting not to exceed 25 percent of the expected
amount removed from the field by the crop or plant harvest
immediately following the phosphorus application.
PROPOSED ACTION ON REGULATIONS 1438
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
(6) Agricultural operations implementing technologies to
reduce the phosphorus content of animal manures by at least 75
percent shall limit phosphorus application rates to 50 percent of the
expected amount removed from the field by the planned crop or plant
rotation immediately following the phosphorus application, not to
exceed two crops.
(7) The operator shall consider the implementation of
management practices and technologies that are effective in lowering
the risk of phosphorus loss, based on research and demonstration of
the University of Maryland, or other land grant university, or by the
United States Department of Agriculture, Natural Resources
Conservation Service, National Planning Procedures Handbook and
practice standards adopted for Maryland.
.10 Summary Schedule — Transition from Phosphorus Site Index
to Phosphorus Management Tool.
SIX-YEAR TRANSITION SCHEDULE
Crop Year (July 1—June 30, following year)
2016 2017 2018 2019 2020 2021
Average P FIV
>450 (Tier C
Operations)
PSI TM1 TM1 TM2 TM2 PMT
Average P FIV
300-450 (Tier B
Operations)
PSI PSI TM1 TM2 TM2 PMT
Average P FIV
150-299 (Tier A
Operations)
PSI PSI PSI TM1 TM2 PMT
PSI—Phosphorus
Site Index
TM1—Transition
Management Phase 1
TM2—Transition
Management Phase 2
PMT—Phosphorus
Management Tool
.11 Nutrient Management for Container or Out-of-Ground
Agricultural Production — Additional Required Plan
Content.
A. A certified nutrient management consultant or certified farm
operator shall prepare, and an operator of container or out-of-
ground agricultural production shall conform to the requirements of
§§B—H of this regulation, in addition to applicable requirements
described in this chapter, when developing and implementing a
nutrient management plan.
B. Plan Elements. A plan shall contain a summary of planned
plant production applicable to the site, including:
(1) A listing of plants to be grown by name, species, and variety
and cultivar or both; however, if more than 20 different kinds of
plants are grown, general plant categories may be used, such as
herbaceous, deciduous shrub, coniferous evergreen, broadleaf
evergreen, or trees;
(2) The estimated greatest number of plants, units, or
containers that will be in production at any one time during a
calendar year and the month this will occur;
(3) The estimated percentages of plants, units, or containers in
the following container size categories:
(a) Less than 1 gallon (less than 2,492 cubic centimeters
container volume),
(b) From 1 to 3 gallons (2,492 to 12,164 cubic centimeters),
(c) Greater than 3 gallons and less than 15 gallons (more
than 12,164, but less than 45,376 cubic centimeters), or
(d) 15 gallons or greater (45,376 cubic centimeters or
more);
(4) An inventory, which may include projected changes during
the life of the plan, taken by the operator for any purpose within 12
months of completion of the plan, which shall meet the requirements
of §B(1), (2), and (3) of this regulation, if the inventory is
representative of planned production during the period covered by a
nutrient management plan;
(5) Total growing area under the plan, which may include
projected changes in growing area planned to take place during the
life of the plan.
C. Summary of Nutrient Recommendations. A plan shall contain
summary information on the total amount of primary nutrients
recommended for each calendar year covered by the plan, including:
(1) The estimated total amounts of nitrogen, phosphorus, and
potash;
(2) A listing of all sources of nutrients;
(3) The estimated amounts of each source of nutrients to be
applied for each quarter of the year; and
(4) A listing or description of the application method or
methods for each nutrient.
D. Assessment of Environmental Risk. A nutrient management
plan shall contain an assessment of the risk of nutrient losses to
surface water, using the Environmental Risk Assessment for out-of-
ground production provided in the Maryland Nutrient Management
Manual, Section II-D.
E. General Management Recommendations. A plan shall contain
general recommendations to ensure efficient application of nutrients,
including:
(1) The calibration of equipment;
(2) The timing and application methods for water and
nutrients;
(3) Management options to maximize the efficient use of water;
(4) Any operator management options to reduce nutrient
losses; and
(5) Any other best management practices that may be
applicable as provided in the Maryland Nutrient Management
Manual, Section II-E.
F. Specific Management Recommendations. A consultant or
certified farm operator shall recommend growing area or section-
specific management techniques to improve water use efficiency and
minimize nutrient losses, including the following:
(1) Grouping plants to improve water and nutrient usage;
(2) Monitoring water and nutrient needs of plants;
(3) Increasing the percentage of water and nutrients entering
the plant root zone;
(4) Reducing the amount of leachate or runoff; and
(5) Reducing or containing the flow of water from growing
areas.
G. Program for Monitoring Runoff. A nutrient management plan
shall include recommendations to monitor runoff, as required in
Regulation .12C of this chapter, including recommendations on
methods, frequency, and locations of monitoring.
H. Plan Maintenance. A plan shall contain information to
maintain and update the plan. General comments about plan
maintenance may be summarized, but shall include:
(1) The length of time the plan is effective, not to exceed 3
years; and
(2) Identification of changes in the agricultural operation that
would require the original plan to be modified or updated, including
a:
(a) Change in area managed of 20 percent or greater, or 5
acres, whichever is less, or
(b) Substantial change in a production plan or method.
PROPOSED ACTION ON REGULATIONS 1439
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
.12 Nutrient Management—Required Plan Recommendations for
Container or Out-of-Ground Production.
A. Nutrient Recommendations. A certified nutrient management
consultant or certified farm operator shall evaluate production cycles
and methods and make nutrient recommendations based on at least
one of the following:
(1) The label recommendations on fertilizer products for the
plants being grown or similar plants;
(2) The recommendations of the University of Maryland
Cooperative Extension for the specific plants being grown or for
similar plants;
(3) The recommendation from other state universities for the
specific plants being grown or for similar plants;
(4) The data from research done by accredited universities on
the specific plants being grown or similar plants;
(5) The general nutrition guidelines for similar plants; or
(6) Any generally accepted growing practices for plants under
comparable growing conditions.
B. Management Recommendations.
(1) A consultant or certified farm operator shall use the
Environmental Risk Assessment for out-of-ground production, as
provided in the Maryland Nutrient Management Manual, Section II-
D, to identify the potential risk to the environment of nutrient
movement from out-of-ground growing areas.
(2) For growing areas where there is zero or low risk of
nutrient movement from the site, recommendations shall be made to
maintain this zero or low level of risk.
(3) For growing areas where there is medium risk of nutrient
movement:
(a) Management recommendations shall be made to minimize
the risk of nutrients moving to, or reaching, surface waters; and
(b) The consultant or certified farm operator shall
recommend that the operator or other person responsible for
irrigation and nutrient management attend Department-approved
training on best management practices for out-of-ground production
to minimize nutrient losses.
(4) For growing areas where there is high risk of nutrient
movement:
(a) Management recommendations shall be made for
individual growing areas, as well as for the operation as a whole, to
reduce the risk of nutrients moving to, or reaching, surface waters;
(b) The consultant or certified farm operator shall
recommend that the operator or other person responsible for
irrigation and nutrient management attend Department-approved
training on best management practices for out-of-ground production
that teaches how to minimize nutrient losses; and
(c) Only controlled release fertilizer shall be recommended
for use until management changes reduce the risk of nutrient loss to
medium.
(5) In recommending field or management unit practices to
reduce or minimize nutrient losses, a consultant or certified farm
operator shall consider the following:
(a) The appropriate nutrient application methods;
(b) Nutrient application timing; and
(c) Any plant nutrient needs.
(6) Timing of nutrient application shall be as close to plant
nutrient uptake as possible, except in the case of controlled release
fertilizer, which may be applied at any time.
C. Recommendations for Monitoring Runoff. Unless an operation
is assessed as zero risk for nutrient loss from the site, as provided in
the Maryland Nutrient Management Manual, Section II-D, the
nutrient management consultant shall recommend a monitoring
program, including the following:
(1) The periods for monitoring when plant nutrients can
reasonably be expected to be available;
(2) The locations immediately next to growing areas or areas
where runoff or overflow from collection basins enters surface water,
municipal stormwater, or drainage inlets; and
(3) The frequency of sampling for nutrients:
(a) Where the risk of nutrient movement from any growing
area is low, monitoring shall include samples for testing a minimum
of two different times during each growing season or cycle from each
location; and
(b) Where the risk of impacting surface water is medium or
high, monitoring recommendations shall be conducted monthly when
nutrients are being applied.
D. Methods of Sampling and Testing. Samples may be analyzed by
the operator or consultant on-site using calibrated electrical
conductivity (EC) or nutrient meters. To evaluate the accuracy of on-
site test results, at least two samples per year shall be split, with one
part being sent to an independent laboratory for analysis.
EARL F. HANCE
Secretary of Agriculture
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, Title 2, Subtitle 5, Title 4,
Subtitle 1, §4-106, and Title 8, Subtitle 1, Annotated Code of Maryland
Notice of Proposed Action [14-348-P]
The Secretary of Budget and Management proposes to amend
Regulations .03, .03-1, and .04 and repeal existing Regulation .06
under COMAR 17.04.13 State Employees’ Health Benefits.
Statement of Purpose The purpose of this action is to amend the regulations in
accordance with the federal Patient Protection and Affordable Care
Act Play or Pay Mandate that requires employers with more than 50
employees to offer affordable coverage that meets the minimum
value indicated by the law to all employees working 30 or more hours
per week or an average of 130 hours per month beginning January 1,
2015. In addition to aligning benefit eligibility rules with this federal
mandate, the purpose is to make technical updates and corrections
relating to expiring regulations.
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. This change will result in
additional costs to the State Employee and Retiree Health and
Welfare Benefits Program in the form of additional employer
contributions (subsidy) for individuals now eligible for benefits
subsidy. Subsidy dollars will be collected from applicable agencies in
the same manner as current health benefits subsidies.
PROPOSED ACTION ON REGULATIONS 1440
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Revenue (R+/R-)
II. Types of Economic Impact. Expenditure
(E+/E-) Magnitude
A. On issuing agency: (E+) $8,000,000
B. On other State agencies: NONE
C. On local governments: NONE
Benefit (+)
Cost (-) Magnitude
D. On regulated industries or
trade groups: NONE
E. On other industries or trade
groups: NONE
F. Direct and indirect effects on
public: NONE
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
A. Estimated cost of the 75 percent subsidy for medical and
prescription coverage for contractual employees.
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 Anne Timmons, Director, Employee
Benefits Division, Department of Budget and Management, 301 W.
Preston Street, 5th Floor, Baltimore, MD 21201, or call 410 767-
4710, or email to [email protected], or fax to 410 333-
7122. Comments will be accepted through December 31, 2014. A
public hearing has not been scheduled.
.03 Eligibility for Coverage and Subsidy. A. Eligible Persons. The following persons are eligible for
Program coverage, with the exception of those persons listed in §B of
this regulation:
(1) Employees whose coverage is required by law, full-time
employees, and part-time employees as defined by State Personnel
and Pensions Article, §7-701, Annotated Code of Maryland, who are
[in permanent positions and] regularly paid salary or wages through
an official State payroll center, including but not limited to:
(a)—(b) (text unchanged)
(c) The institutions of the University System of Maryland,
including graduate assistants, and the Far East and European
Divisions of the University of Maryland;
(2)—(5) (text unchanged)
(6) Designated beneficiaries of deceased persons listed in
§A(1)—(5), (7), and (8) of this regulation in accordance with State
Personnel and Pensions Article, §§2-507, 2-508 and 2-509,
Annotated Code of Maryland, with the following limitations:
(a) (text unchanged)
(b) Notwithstanding any other provision in this regulation, a
surviving spouse or surviving child must meet the requirements to be
a dependent eligible for coverage as provided in [§A(8)] §A(9) of this
regulation;
(7) Retired employees who began State service on or before
June 30, 2011, or who began State service on or after July 1, 2011
and are retirees of the Judges’ Retirement System, and who qualify in
accordance with §§A(7)(a) and (b) of this regulation. Neither service
as a faculty member, teacher, or staff member for a community
college or a local board of education prior or subsequent to State
service, nor membership in the Teachers’ Pension or Retirement
Systems, shall in itself disqualify a former State employee who is
otherwise eligible under §A(7)of this regulation. The only retired
employees eligible for benefits under §A(7) of this regulation are
those [and] who:
(a)—(b) (text unchanged)
(8) Retired employees who began State service on or after July
1, 2011, and who qualify in accordance with §§8(a) and (b) of this
regulation. Neither service as a faculty member, teacher, or staff
member for a community college or a local board of education prior
or subsequent to State service, nor membership in the Teachers’
Pension or Retirement Systems, shall in itself disqualify a former
State employee who is otherwise eligible under §A(8) of this
regulation. The only retired employees eligible for benefits under
§A(8) of this regulation are those [and] who:
(a)—(b) (text unchanged)
(9) Dependents of eligible persons listed in §A(1)—(5), (7),
(8), (10), and (11) of this regulation who are one of the following:
(a) A spouse of an employee or retired employee; or
(b) A dependent child of an employee or retired employee,
as identified in this chapter[;]. [(c) Until December 31, 2014, the domestic partner of the
employee or retired employee, as the term domestic partner, is
defined in this chapter, if the domestic partner was enrolled on June
30, 2013. The domestic partner is eligible for coverage only in those
benefits plans and options identified by the Secretary on an annual
basis, which may include only:
(i) Health benefits plans and options that are both State
self-funded and not subject to regulation;
(ii) Stand-alone dental or vision benefits plans which are
not subject to Insurance Article, §15-403.2, Annotated Code of
Maryland, and COMAR 31.10.35;
(iii) Life insurance; and
(iv) Personal, accidental death and dismemberment
insurance; or
(d) Until December 31, 2014, the dependent child of a
domestic partner, as the term, dependent child of a domestic partner,
is defined in this chapter, if the domestic partner or the dependent
child of the domestic partner was enrolled on June 30, 2013. The
dependent child of a domestic partner is eligible for coverage only in
those benefits plans and options identified by the Secretary on an
annual basis, which may include only:
(i) Health benefits plans and options that are both State
self-funded and not subject to regulation;
(ii) Stand-alone dental or vision benefits plans which are
not subject to Insurance Article, §15-403.2, Annotated Code of
Maryland, and COMAR 31.10.35;
(iii) Life insurance; and
(iv) Personal, accidental death and dismemberment
insurance;] (10) [Part-time employees] Employees working less than 50
percent of a normal workweek and their designated beneficiaries, in
accordance with Regulation [.04B(2)] .04B(3) of this chapter; and
(11) Contractual employees[,] regularly working at least 30
hours per week, or an average of 130 hours per month [including
those contractual employees as defined in COMAR 17.04.03.13 and
similar contractual employees in State personnel systems other than
the State Personnel Management System], in accordance with 26
USC § 4980(H) and Regulation .04B(2) of this chapter.
PROPOSED ACTION ON REGULATIONS 1441
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
[B. Ineligible Persons. The following persons are ineligible for
Program coverage:
(1) Temporary extra employees as described in COMAR
17.04.03.12;
(2) Emergency employees as described in State Personnel and
Pensions Article, §2-509, Annotated Code of Maryland; and
(3) Dependents as provided in §C of this regulation.] [C.] B. Ineligible Dependents.
(1) Dependents of persons who are ineligible [in accordance
with §B(1)—(3) of this regulation] are likewise ineligible for
coverage.
(2)—(3) (text unchanged)
[D.] C. Subsidy.
(1)—(3) (text unchanged)
(4) Contractual employees regularly working more than 30
hours per week, or more than an average of 130 hours per month,
shall be provided a State subsidy of 75 percent of the premium cost
for medical and prescription drug coverage. A measurement period
may be necessary to establish the employee’s eligibility for the State
subsidy.
(5) Employees working less than 50 percent of the workweek
and contractual employees working less than 30 hours per week or
130 hours per month shall not be provided a State subsidy.
.03-1 Satellite Organizations and Local Governments—Eligibility for Coverage and Subsidy.
A. The employees of the following entities are eligible to
participate in the Program upon the application of the entity, provided
that, at the discretion of the Secretary, such participation does not
impede, undermine, or conflict with the Program’s federal
compliance obligations or governmental and cafeteria plan status:
(1)—(2) (text unchanged)
B. Each entity identified in §A of this regulation shall permit the
spouses and dependent children of its employees to be eligible for
coverage but may elect[:] whether and to what extent to provide a
subsidy for the participation in the Program of its employees and
their dependents.
[(1) Whether and to what extent to provide a subsidy for the
participation in the Program of its employees and their dependents; and
(2) Whether the domestic partner of an entity’s employee or the
dependent children of a domestic partner of an entity’s employee are
eligible for coverage in the Program, as follows:
(a) A domestic partner is eligible for dependent coverage
only if the domestic partner was enrolled on June 30, 2013;
(b) A dependent child of a domestic partner is eligible for
dependent coverage only if the domestic partner or dependent child
of a domestic partner was enrolled on June 30, 2013; and
(c) Domestic partners and dependent children of a domestic
partner are ineligible for dependent coverage after December 31, 2014.]
.04 Effective Dates for Eligible Persons. A. Eligibility. [Each] Generally, each employee is eligible for
coverage on the first scheduled working day. Each retired employee
is eligible for coverage on the first day of retirement or the first day
of election in accordance with §B(1)(a) of this regulation.
Dependents of covered employees or retired employees are eligible
on the date the employee or retired employee becomes eligible. Later
acquired dependents become eligible on the date they become
dependents of a covered employee or retired employee. Eligibility for
the State subsidy may come at a date separate from and subsequent
to eligibility for coverage in general.
B. Coverage.
(1) Eligible Employees Listed in Regulation .03A(1)—(8) of
this Chapter.
(a)—(b) (text unchanged)
(c) A newborn child may be covered from birth when
maternity benefits are provided [to any female member]. However,
the employee shall make application within 60 days from the date of
the child’s birth to convert to an appropriate membership to provide
coverage for the newborn child. Coverage for the newborn shall be
effective [for the coverage period applicable to the health insurance
deduction made following] on the date of birth provided the
[employee’s submittal of] employee submits the completed
application and payroll deduction authorization form within 60 days
of the date of birth. However, if, due to an untimely application
retroactive coverage is necessary back to the date of birth, the
employee shall contact the Health Benefits Administrator and shall
submit any necessary payment with the completed application and
payroll deduction authorization form. Coverage may be purchased
pre-tax on a prospective basis only in accordance with the State
cafeteria plan adopted by the Department of Budget and Management
in accordance with federal tax law.
(2) [Part-Time and] Contractual Employees [Listed in
Regulation .03A(11) of this chapter.] Working More than 30 Hours
per Week or 130 Hours per Month.
[(a) A part-time or contractual employee may apply for
coverage for the employee and eligible dependents within 60 days of
employment by submitting to the appointing authority an application
for the coverage desired, or shall wait for the annual open enrollment
period. The part-time or contractual employee shall pay the total cost
of the premium in accordance with the direct billing procedures of
the Department of Budget and Management, and may not receive a
State subsidy. Coverage shall be effective the next available monthly
billing cycle for premium payment following the submittal of the
application to the appointing authority and receipt of payment.
(b) A part-time or contractual employee may obtain
coverage for later acquired or newly eligible dependents by
submitting to the appointing authority an application for the coverage
desired within 60 days of the qualifying event, or shall wait for the
annual open enrollment period. Coverage for that dependent shall be
the date of the next available monthly billing cycle for premium
payment following the submittal of the application to the appointing
authority and receipt of payment.] (a) An eligible contractual employee working more than 30
hours per week, or an average of 130 hours per month, as determined
after any necessary measurement period, shall apply for coverage for
himself and eligible dependents within 60 days of eligibility by
submitting to the appointing authority an application for the
coverage desired, or shall wait for the annual open enrollment period
unless otherwise indicated in §C of this regulation. The eligible
contractual employee working more than 30 hours per week, or an
average of 130 hours per month, shall be provided a State subsidy
equal to 75 percent of the premium for elected medical and
prescription drug coverage. The employee shall pay 25 percent of the
total cost of the premium in accordance with the direct billing
procedures of the Department of Budget and Management. For all
other coverage elected, the employee shall pay the total cost of the
premium in accordance with the direct billing procedures of the
Department of Budget and Management, and may not receive a State
subsidy. Coverage shall be effective the next available monthly
billing cycle for premium payment following the submittal of the
application to the appointing authority and receipt of payment.
(b) Coverage for later acquired or newly eligible dependents
of a covered contractual employee is obtained by submitting to the
appointing authority an application within 60 days of the change in
status. Coverage for that dependent shall be effective the next
available monthly billing cycle for premium payment following the
submittal of the application to the appointing authority and receipt of
payment. Coverage on a post-tax basis may be purchased
PROPOSED ACTION ON REGULATIONS 1442
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
retroactively to the date the contractual employee’s dependent or
dependents became eligible for coverage.
(c) A newborn child may be covered from birth when
maternity benefits are provided. However, the employee shall make
application within 60 days from the date of the child’s birth to
convert to an appropriate membership to provide coverage for the
newborn child. Coverage for the newborn shall be effective [for the
date of the next available monthly billing cycle for premium payment
following] as of the child’s date of birth provided the [submittal of] employee submits the completed application and makes any necessary
payments within 60 days of the date of birth. [to the appointing
authority and receipt of payment.] However, if retroactive coverage is
necessary due to an untimely application, the [part-time or] contractual employee shall contact the Health Benefits Administrator
and make any necessary payments to effect such retroactive
coverage.
(3) Permanent Employees Working Less than 50 Percent of the
Workweek and Contractual Employees Working Less than 30 Hours
per Week.
(a) An eligible permanent employee working less than 50
percent of the workweek or contractual employee working less than
30 hours per week or 130 hours per month may apply for coverage
for the employee and eligible dependents within 60 days of
employment by submitting to the appointing authority an application
for the coverage desired, or shall wait for the annual open enrollment
period. Such employees shall pay the total cost of the premium in
accordance with the direct billing procedures of the Department of
Budget and Management, and may not receive a State subsidy.
Coverage shall be effective the next available monthly billing cycle
for premium payment following the submittal of the application to the
appointing authority and receipt of payment.
(b) An eligible permanent employee working less than 50
percent of the workweek or contractual employee working less than
30 hours per week or 130 hours per month may obtain coverage for
later acquired or newly eligible dependents by submitting to the
appointing authority an application for the coverage desired within
60 days of the qualifying event, or shall wait for the annual open
enrollment period. Coverage for that dependent shall be the date of
the next available monthly billing cycle for premium payment
following the submittal of the application to the appointing authority
and receipt of payment.
(c) A newborn child may be covered from birth when
maternity benefits are provided. However, the employee shall make
application within 60 days from the date of the child’s birth to
convert to an appropriate membership to provide coverage for the
newborn child. Coverage for the newborn shall be effective as of the
date of birth provided the employee submits a completed application
and makes any necessary payment within 60 days of the date of birth.
However, if retroactive coverage is necessary due to an untimely
application, the part-time or contractual employee shall contact the
Health Benefits Administrator and make any necessary payments to
effect such retroactive coverage.
C. (text unchanged)
T. ELOISE FOSTER
Secretary of Budget and Management
Title 18 DEPARTMENT OF
ASSESSMENTS AND TAXATION
Subtitle 03 PERSONAL PROPERTY ASSESSMENTS
18.03.02 Filings Authority: Tax-Property Article, §§ 2-201, 2-202, and 11-101, Annotated
Code of Maryland
Notice of Proposed Action [14-350-P]
The Director of the State Department of Assessments and
Taxation proposes to amend Regulation .01 under COMAR 18.03.02 Filings.
Statement of Purpose The purpose of this action is to remove any current obligation of
the Department to furnish annual report forms, to provide for
electronic filing of those forms with the Department, and to accept
electronic signatures on those forms.
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 Michael Griffin, Associate Director,
SDAT, 301 W. Preston Street, Room 808, Baltimore, MD 21201 , or
call 410-767-1249, or email to [email protected], or fax
to 410-333-5873. Comments will be accepted through December 31,
2014. A public hearing has not been scheduled.
.01 Annual Report. Annual reports required to be filed with the State Department of
Assessments and Taxation, pursuant to the provisions of Tax-
Property Article, §11-101, Annotated Code of Maryland, shall be
submitted to the Department [annually on forms printed and
furnished by the Department for that purpose. Any person who
prefers to file the annual report by submitting a machine copy or
photocopy instead of the printed form furnished by the Department
may do so provided the machine copy or photocopy is on paper of
similar size, color, and texture as the form for the appropriate year
supplied by the Department] on a form generated by the Department,
a substantially similar form or through an approved online filing
system. The signature of the person signing the report shall be an
original [and not a photocopy of the signature] or electronic
signature acceptable to the Department under Commercial Law
Article, §21-117, Annotated Code of Maryland.
ROBERT E. YOUNG
Director
State Department of Assessments and Taxation
PROPOSED ACTION ON REGULATIONS 1443
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Title 20 PUBLIC SERVICE
COMMISSION Subtitle 79 APPLICATIONS
CONCERNING THE CONSTRUCTION OR MODIFICATION OF
GENERATING STATIONS AND OVERHEAD TRANSMISSION LINES
20.79.01 General Authority: Public Utilities Article, §§2-113, 2-121 and 7-205—7-208,
Annotated Code of Maryland
Notice of Proposed Action [14-346-P]
The Public Service Commission proposes to amend Regulation
.02 under COMAR 20.79.01 Applications Concerning the
Construction or Modification of Generating Stations and
Overhead Transmission Lines. This action was considered at a
scheduled rule making meeting on October 1, 2014.
Statement of Purpose The purpose of this action is to revise the definition of generating
station.
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 David J. Collins, Executive Secretary,
Public Service Commission, 6 St. Paul Street, Baltimore, Maryland
21202, or call 410-767-8067, or fax to 410-333-6495. Comments will
be accepted through December 31, 2014. A public hearing has not
been scheduled.
.02 Definitions. A. (text unchanged)
B. Terms Defined.
(1)—(10) (text unchanged)
(11) Generating Station.
(a) (text unchanged)
(b) “Generating station” does not include an integral plant or
unit less than or equal to [1500]2,000 kilowatts if it is installed with
equipment that prevents the flow of electricity to the electric system
during time periods when the electric system is out of service.
(12)—(21) (text unchanged)
DAVID J. COLLINS
Executive Secretary
Public Service Commission
Title 26 DEPARTMENT OF THE
ENVIRONMENT Subtitle 11 AIR QUALITY
26.11.19 Volatile Organic Compounds from Specific Processes
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 Proposed Action [14-352-P]
The Secretary of the Environment proposes to amend Regulation
.26 and adopt new Regulation .26-1 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.
Statement of Purpose The purpose of this action is to adopt the requirements of the
EPA’s Control Techniques Guidelines (CTG) for Fiberglass Boat
Manufacturing. The new regulation COMAR 26.11.19.26-1, Control
of Volatile Organic Compounds from Fiberglass Boat Manufacturing,
adopts the EPA’s Control Techniques Guidelines (CTG)
requirements. EPA develops CTGs as guidance on control
requirements for various source categories. States can follow the
CTGs or adopt more restrictive standards. MDE proposes to adopt
new volatile organic compound (VOC) limits, standards for
application methods, and work practice requirements which are
consistent with the most recent CTG recommendations applicable to
fiberglass boat manufacturing. The new regulation affects
manufacturers of fiberglass boats. Also COMAR 26.11.19.26 Control
of Volatile Organic Compounds from Reinforced Plastic
Manufacturing is amended to exempt fiberglass boat manufacturing.
This amendment and new regulation will be submitted to the U.S.
Environmental Protection Agency (EPA) as a revision to the
Maryland’s State Implementation Plan (SIP).
Background
The EPA first published an assessment of VOC emissions from
fiberglass boat manufacturing in 1990. This assessment evaluated
VOC emissions from fiberglass boat manufacturing and potential
control options. The National Emission Standards for Hazardous Air
Pollutants for Boat Manufacturing, 40 CFR part 63, subpart VVVV
(2001 NESHAP) were promulgated in 2001. Emission standards
under the 2001 NESHAP were for organic hazardous air pollutants
(HAPs) based on low-HAP resins and gel coats and low-emitting
resin application technology. In September 2008, the EPA published
a new CTG for Fiberglass Boat Manufacturing Materials. The CTG
was developed based on the 1990 VOC assessment, the 2001
NESHAP, existing state VOC emission reduction approaches such as
California, and in consideration of information obtained since the
issuance of the 2001 NESHAP.
Requirements
Resins containing styrene and gel coats containing both styrene
and methyl methacrylate (MMA) are the main contributors of VOC
emissions at fiberglass boat manufacturing facilities. The proposed
standards are designed to reduce VOC emissions during fiberglass
boat manufacturing operations. Not all the VOCs in the materials
used are emitted to the atmosphere, as some of the VOCs are used in
cross linking reactions of polymers and are retained in the finished
material. Thus, an overall reduction of VOC content in production
PROPOSED ACTION ON REGULATIONS 1444
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
materials reduces potential emissions from extraneous VOCs during
the manufacturing process.
Cleaning activities other than surface preparation also occur at
facilities engaged in fiberglass boat manufacturing. Cleaning
materials are used to remove residue or other unwanted materials
from equipment related to manufacturing operations such as molds
and prototypes, as well as the cleaning of application equipment,
transfer lines and other ancillary equipment. These cleaning materials
are typically mixtures of VOC containing solvents. The proposed
regulation includes emission control requirements for cleaning
materials consistent with those in the CTG.
Expected Emissions Reductions
The proposed regulation sets standards for fiberglass boat
manufacturing operations. Emissions of VOCs from fiberglass boat
manufacturing operations are expected to be reduced by
approximately 40 percent nationally. Maryland only has one known
source that may, on occasion, assemble fiberglass boats from pre-
manufactured hulls and decks. Therefore Maryland VOC emission
benefits will be negligible. The coatings industry already has
products available to meet VOC standards contained in the CTG and
proposed regulation. The maximum benefit from VOC reductions
will be provided during the ozone season when VOCs readily
combine with NOx to form the pollutant ground level ozone.
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. The proposed new regulation
adopts the requirements of the CTG for fiberglass boat
manufacturing. EPA estimated the economic impact of this regulation
on a national level at a cost effectiveness approximately $4,200/ton
of VOC controlled. The standards and requirements of the CTG have
already been implemented in other states and as a result cost of
production of compliant materials has come down from initial phase
of implementation. As the CTGs are implemented nationally, the
costs of compliant materials are expected to be reduced further. Due
to the limited number of affected sources, the economic impact in
MD will be small.
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: (-) Minimal
E. On other industries or trade
groups: NONE
F. Direct and indirect effects on
public: NONE
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
D. Minimal
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 January 7, 2015 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 Mr. Randy Mosier, Chief of the Regulation Division, Air
and Radiation Management Administration, Department of the
Environment, 1800 Washington Boulevard, Suite 730, Baltimore,
Maryland 21230-1720, or emailed to [email protected].
Comments must be received not later than January 7, 2015, or be
submitted at the hearing. For more information, call Randy Mosier at
(410) 537-4488.
Copies of the proposed action and supporting documents are
available for review at the following locations:
• The Department of the Environment’s website at:
http://www.mde.state.md.us/programs/regulations/air/Pages/req
comments.aspx
• The Air and Radiation Management Administration Office in
Baltimore; and
• The regional offices of the Department in Cumberland and
Salisbury.
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 Control of Volatile Organic Compound Emissions from Reinforced Plastic Manufacturing.
A. Applicability.
(1)—(2) (text unchanged)
(3) The requirements in this regulation do not apply to any
fiberglass boat manufacturing facility as defined in Regulation .26-
1B(5) of this chapter.
B.—D. (text unchanged)
.26-1Control of Volatile Organic Compound Emissions from
Fiberglass Boat Manufacturing.
A. Applicability.
(1) This regulation applies to any fiberglass boat
manufacturing facility where the total actual VOC emissions, before
add-on controls, from all fiberglass boat manufacturing is 15 pounds
or more per day as determined on a monthly average.
(2) VOC emissions from polyester resins, tooling resins and gel
coats, ancillary parts production, touch-up, clean-up, and repair are
to be included in determining VOC emissions pursuant to §(A)(1) of
this regulation.
B. Definitions. In this regulation, the following terms have the
meanings indicated:
(1) Atomized Resin Application.
(a) “Atomized resin application” means a resin application
technology in which the resin leaves the application equipment and
breaks into droplets or an aerosol as it travels from the application
equipment to the surface of the part.
PROPOSED ACTION ON REGULATIONS 1445
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
(b) “Atomized resin application” includes, but is not limited
to, resin spray guns and resin chopper spray guns.
(2) Clear Gel Coat.
(a) “Clear gel coat” means a gel coat that is clear or
translucent such that underlying colors are visible.
(b) “Clear gel coat” does not include tooling gel coats used
to build or repair molds.
(3) Closed Molding.
(a) “Closed molding” means any molding process that has
the following characteristics:
(i) Pressure is used to distribute the resin through the
reinforcing fabric placed between two mold surfaces to either
saturate the fabric or fill the mold cavity; and
(ii) Clamping pressure, fluid pressure, atmospheric
pressure, or vacuum pressure are applied either alone or in
combination.
(b) “Closed molding” includes, but is not limited to,
compression molding with sheet molding compound, infusion
molding, resin injection molding (RIM), vacuum assisted resin
transfer molding (VARTM), resin transfer molding (RTM), and
vacuum assisted compression molding.
(c) “Closed molding” does not include:
(i) Processes in which a closed mold is used only to
compact saturated fabric or remove air or excess resin from the
fabric (such as in vacuum bagging); or
(ii) Open molding steps such as application of a gel coat
or skin coat layer by conventional open molding prior to a closed
molding process.
(4) “Fiberglass boat” means any type of vessel, other than a
seaplane, that can be used for transportation on the water, in which
either the hull or deck is built from a composite material consisting of
a polyester resin or other thermosetting resin matrix reinforced with
fiberglass (glass fibers), inert filler or other reinforcing materials
such as fibers of carbon or aramid.
(5) Fiberglass Boat Manufacturing Facility.
(a) “Fiberglass boat manufacturing facility” means a
facility that manufactures hulls or decks of fiberglass boats,
assembles fiberglass boats from premanufactured hulls and decks, or
builds molds to make hulls or decks of fiberglass boats.
(b) “Fiberglass boat manufacturing facility” does not
include a facility which:
(i) Manufactures ancillary parts for fiberglass boats
(such as hatches, seats, or lockers) or boat trailers; and
(ii) Does not manufacture hulls or decks of fiberglass
boats, assemble fiberglass boats from premanufactured hulls and
decks, or build molds for fiberglass boat hulls or decks.
(6) “Filled resin” means a resin to which an inert material has
been added to change viscosity, density, shrinkage, or other physical
properties.
(7) “Gel coat” means a thermosetting resin surface coating
containing styrene (Chemical Abstract Service (CAS No. 100–42–5))
or methyl methacrylate (CAS No. 80–62–6) that:
(a) Provides a cosmetic enhancement or improves resistance
to degradation from exposure to the elements;
(b) Does not contain any reinforcing fibers; and
(c) Is applied directly to mold surfaces or to a finished
laminate.
(8) “Mold” means the cavity or surface into or on which gel
coat, resin, and fibers are placed and from which finished fiberglass
parts take their form.
(9) “Monomer” means a low molecular weight organic
compound that reacts with itself or other similar compounds to
produce a polymer such as a polyester or vinylester resin.
(10) Nonatomized Resin Application.
(a) “Nonatomized resin application” means any application
technology in which the resin is not broken into droplets or an
aerosol as it travels from the application equipment to the surface of
the part.
(b) “Nonatomized resin application” includes, but is not
limited to, flowcoaters, chopper flowcoaters, pressure fed resin
rollers, resin impregnators, and hand application by paint brush or
paint roller.
(11) “Non-monomer” means any low molecular weight organic
compound that does not react with itself or other similar compounds
to produce a polymer and is assumed to be emitted fully as a VOC
into the atmosphere.
(12) “Non-VOC cleanup material” means a material that:
(a) Is used to clean products, tools, process equipment, and
other equipment used in the manufacture of fiberglass boats; and
(b) Either contains less than 5 percent VOC by weight or
has a VOC composite vapor pressure of organic compounds not
exceeding 0.74 pound per square inch.
(13) Open Molding and Gel Coat Operations.
(a) “Open molding and gel coat operation” means any
process in which the reinforcing fibers and resin are placed in the
mold and are open to the surrounding air while the reinforcing fibers
are saturated with resin.
(b) “Open molding and gel coat operation” includes
operations in which a vacuum bag or similar cover is used to
compress an uncured laminate to remove air bubbles or excess resin,
or to achieve a bond between a core material and a laminate.
(14) Pigmented Gel Coat.
(a) “Pigmented gel coat” means an opaque gel coat.
(b) “Pigmented gel coat” does not include tooling gel coats
used to build or repair molds.
(15) Production Resin.
(a) “Production resin” means any resin used to
manufacture parts for sale.
(b) “Production resin” does not include tooling resins used
to build or repair molds, or assembly adhesives.
(16) “Pure, 100-percent, vinylester resin used for skin coats”
means resins containing only vinylester resin and does not include
any resin containing blends of vinylester and polyester resins.
(17) “Resin and gel coat mixing operation” means any
operation in which a resin or gel coat is combined with additives that
include, but are not limited to, fillers, promoters, or catalysts, and
includes operations making putties or polyputties used to assemble
parts of fiberglass boats and to fill gaps between parts.
(18) “Skin coat” means a layer of resin and fibers applied over
a gel coat to protect the gel coat from being deformed by an
additional laminate layer or layers.
(19) “Tooling” means the production of molding tools such as
shapes, matrixes, molds, or other instruments and utensils that are
used during manufacturing of fiberglass boats.
(20) “Tooling resin” means, for the purposes of §C(1) of this
regulation, the resin used to build or repair molds (also known as
tools) or prototypes (also known as plugs) from which molds will be
made.
(21) “Tooling gel coat” means, for the purposes of §C(1) of
this regulation, the gel coat used to build or repair molds (also
known as tools) or prototypes (also known as plugs) from which
molds will be made.
(22) “Total VOC Content (percent by weight)” means the sum
of the monomer content (percent by weight) determined according to
§D(1) of this regulation and of the weight percent of the non-
monomer VOC determined by §D(3) of this regulation.
PROPOSED ACTION ON REGULATIONS 1446
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
(23) Vacuum Bagging.
(a) “Vacuum bagging” means any molding technique in
which the reinforcing fabric is saturated with resin and then covered
with a flexible sheet that is sealed to the edge of the mold and where
a vacuum is applied under the sheet to compress the laminate,
remove excess resin, or remove trapped air from the laminate during
curing.
(b) “Vacuum bagging” does not include closed molding.
(24) “Vinylester resin” means a thermosetting resin containing
esters of acrylic or methacrylic acids and having double-bond and
ester linkage sites only at the ends of the resin molecules.
C. Requirements.
(1) A person who owns or operates a fiberglass boat
manufacturing facility subject to this regulation:
(a) May not cause or permit the discharge into the
atmosphere of any VOC from resin and gel coat operations in excess
of the following standards, except as provided in §C(3) of this
regulation:
Operation Application
Method
Total Monomer
Content
(percent by
weight)
Total VOC
Content
(percent by
weight)
Production
resin
Atomized resin
application
(spray)
28 33
Production
resin
Nonatomized
resin application
35 40
Pigmented
gel coat
Atomized or
nonatomized
resin application
33 38
Clear gel
coat
Atomized or
nonatomized
resin application
48 53
Tooling resin Atomized resin
application
(spray)
30 35
Tooling resin Nonatomized
resin application
39 44
Tooling gel
coat
Atomized or
nonatomized
resin application
40 45
(b) Notwithstanding §C(3)(a) and (b) of this regulation,
shall use nonatomizing resin application equipment when applying
production resins (including skin coat resins) pursuant to §C(3)(a) of
this regulation and pure,100-percent vinylester resins pursuant to
§C(3)(b) of this regulation;
(c) May not cause or permit the discharge into the
atmosphere of any VOC from any resin and gel coat mixing
operation unless all mixing containers with a capacity equal to or
greater than 208 liters (55 gallons), including those used for on-site
mixing of putties and polyputties, have a cover with no visible gaps in
place at all times except when material is being manually added to or
removed from the container, or when mixing or pumping equipment
is being placed in or removed from the container; and
(d) Shall only use non-VOC cleanup materials.
(2) Alternative Compliance Option. In lieu of meeting the
standards of §C(1)(a) of this regulation, a person who owns or
operates a fiberglass boat manufacturing facility subject to this
regulation may cause or permit the discharge into the atmosphere of
any VOC from filled resins provided that such emissions do not
exceed the following non-monomer VOC content and as-applied
monomer VOC emission rates calculated using the equation in §D(3)
of this regulation:
Type of Filled resin Monomer rate in kg
monomer VOC per
megagram of filled
resin as applied
Non-monomer VOC
content limit of
unfilled resin
Production 46 5 percent
Tooling 54 5 percent
(3) Exemptions. The standards in §C(1)(a) of this regulation do
not apply to:
(a) Production resins (including skin coat resins) that meet
specifications for use in military vessels or must be approved by the
U.S. Coast Guard for use in the construction of lifeboats, rescue
boats, and other life-saving appliances approved under 46 CFR
Chapter I, Subchapter Q, or the construction of small passenger
vessels as regulated by 46 CFR Chapter I, Subchapter T;
(b) Pure, 100-percent vinylester resins used for skin coats
where the total quantity of such resins used is less than or equal to 5
percent by weight of all resin used at a fiberglass boat manufacturing
facility on a 12-month rolling average basis, as reported in §§E(5)—
(7) of this regulation;
(c) Production and tooling resins, and pigmented, clear, and
tooling gel coats, which are used for touch up and repair of parts or
molds and which are used in quantities less than or equal to 1
percent by weight of all resin used at a fiberglass boat manufacturing
facility on a 12-month rolling average basis, as reported in §E(1) of
this regulation;
(d) Resins used in closed molding;
(e) Polyester resins used for tooling or touch-up and repair
during a manufacturing process that is not fiberglass boat
manufacturing;
(f) Coatings applied to fiberglass boats; and
(g) Adhesives used in the assembly of fiberglass boats.
D. Test Methods and Compliance Procedures.
(1) A person who owns or operates a fiberglass boat
manufacturing facility subject to this regulation shall determine the
monomer VOC content of any resin or gel coat applied at the facility
using:
(a) SCAQMD Method 312-91, Determination of Percent
Monomer in Polyester Resins, revised April 1996; or
(b) Manufacturer’s formulation data.
(2) In the event of a conflict between the monomer VOC content
of any resin or gel coat indicated by the manufacturer’s formulation
data and the results of a test using the method referenced in §D(1)(a)
of this regulation, the test results shall be used for the purpose of
determining compliance with this regulation.
(3) A person meeting the alternative emission rates in §C(2) of
this regulation shall compute the as-applied monomer VOC emission
rate for the filled production resin or tooling resin, in kilograms
monomer VOC per megagram of filled material, using the following
equation:
PVF = PVu times (100 – Filler pct)
100
Where:
PVF is the as-applied monomer VOC emission rate for the filled
production resin or tooling resin, kilograms monomer VOC per
megagram of filled material.
PVu is the monomer VOC emission rate for the neat (unfilled)
resin, before filler is added, as calculated using the formulas in the
table in §D(4) of this regulation.
Filler pct is the weight-percent of filler in the as-applied filled
resin system.
PROPOSED ACTION ON REGULATIONS 1447
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
(4) The monomer VOC emission rate for the neat (unfilled)
resin, before filler is added, PVu, shall be calculated using the
formulas in the following table:
Monomer VOC Emission Rate Formulas for Open Molding and Gel
Coat Operations
Material Application Method Formula to calculate
the monomer VOC
emission
rate1
Production resin or
tooling resin
Atomized resin
application
0.014 x (Resin
VOC%)2.425
Atomized resin
application, plus
vacuum bagging
with roll-out
0.01185 x (Resin
VOC%)2.425
Atomized resin
application, plus
vacuum bagging
without roll-out
0.00945 x (Resin
VOC%)2.425
Nonatomized resin
application
0.014 x (Resin
VOC%)2.425
Nonatomized resin
application plus
vacuum bagging
with roll-out
0.0110 x (Resin
VOC%)2.275
Nonatomized resin
application plus
vacuum bagging
without roll-out
0.0076 x (Resin
VOC%)2.275
Pigmented gel coat,
clear gel coat,
tooling gel coat
All methods 0.445 x (Gel coat
VOC%)1.675
1 Where the resin VOC percent is the monomer VOC content as
supplied, expressed as a weight-percent value between 0 and 100
percent.
(5) A person meeting the alternative emission rates in §C(2) of
this regulation shall demonstrate the as-applied non-monomer VOC
content of resins and gel coats using the test method prescribed in
COMAR 26.11.19.02D(1), and for this purpose, resins and gel coats
shall be considered coatings.
(6) For the purpose of demonstrating that a cleanup material is
a non-VOC cleanup material, a person shall:
(a) Perform a test using the method prescribed in COMAR
26.11.19.02D(1), where the cleanup material shall be considered a
coating; and
(b) Determine the composite vapor pressure of organic-
compounds in a cleanup material using the calculation prescribed in
COMAR 26.11.19.02E(3).
E. Record Keeping. A person who owns or operates a fiberglass
boat manufacturing facility subject to this regulation shall maintain
for not less than 3 years, and shall make available to the Department
upon request, records that provide the following information:
(1) A description of each polyester or vinylester resin material
used including:
(a) The manufacturer’s name;
(b) The type (e.g. production resin, production gel coat,
tooling resin, tooling gel coat);
(c) The amount of each of the polyester or vinylester resin
materials used;
(d) The weight (in percent) of monomer for each polyester
resin materials and filler or fillers used;
(e) The weight percent of VOC that is not monomer or the
total weight percent of the VOC content; and
(f) The type of application method used with each resin;
(2) On a quarterly basis, the total weight and the monomer
content and VOC content of each polyester and vinylester resin
material;
(3) On a quarterly basis, the total weight and the monomer
content and VOC content of each polyester and vinylester resin
material used under the exemption of §C(3)(a) of this regulation,
including a description or identification (military specifications, 46
CFR Subchapter Q, or 46 CFR subchapter T) of the exemption;
(4) On a monthly basis, the total weight, monomer content, and
VOC content of each polyester and vinylester resin material used for
closed molding under the exemption of §C(3)(d) of this regulation;
(5) On a monthly basis, the total weight, monomer content, and
VOC content of each pure,100-percent vinylester resins used under
the exemption of §C(3)(b) of this regulation;
(6) On a monthly basis the total weight of all resins used;
(7) On a monthly basis the total weight of pure, 100-percent
vinylester resins used under the exemption of §C(3)(b) of this
regulation over the preceding 12 months divided by total weight of
all resins used over the preceding 12 months;
(8) On a daily basis, the total weight, monomer content, and
VOC content of each resin used for touch up and repair of parts or
molds under the exemption of §C(3)(c) of this regulation;
(9) For filled resins for which compliance is demonstrated
under alternative compliance option of §C(2) of this regulation:
(a) The total weight and non-monomer VOC content of each
polyester and vinylester resin material used; and
(b) The monomer emission rate computed in accordance
with §D(3) of this regulation in kg monomer VOC per megagram of
filled resin as applied; and
(10) On a monthly basis the total clean-up materials used.
ROBERT M. SUMMERS, Ph.D.
Secretary of the Environment
Subtitle 11 AIR QUALITY 26.11.34 Low Emissions Vehicle Program Authority: Environment Article, §§1-404, 2-102, 2-103, 2-301, 2-1102, and 2-
1103, Annotated Code of Maryland
Notice of Proposed Action [14-351-P-I]
The Secretary of the Environment proposes to amend Regulation
.02 under COMAR 26.11.34 Low Emissions Vehicle Program.
Statement of Purpose The purpose of this action is to update the Incorporation by
Reference documents to reflect the changes made to the California
regulations since their last update.
These amendments will be submitted to the U.S. Environmental
Protection Agency (EPA) as a revision to Maryland’s State
Implementation Plan (SIP).
Background
Vehicles sold in the United States must be certified under one of
two certification programs: the federal program (Tier 2) or the
California program (the Clean Car Program). Section 177 of the
Clean Air Act Amendments of 1990 states the ability to adopt the
California program in lieu of the federal program as long as the
adopted state program is identical to the California program and the
state allows 2 model years lead time from adoption to
implementation.
The Maryland Clean Cars Act of 2007 required the Maryland
Department of the Environment (MDE) to adopt regulations
PROPOSED ACTION ON REGULATIONS 1448
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
implementing the California Clean Car Program (also referred to as
the California Low Emissions Vehicle Program (Cal LEV) in
Maryland. Maryland’s implementing regulations adopted, through
incorporation by reference, the applicable California regulations. The
Cal LEV program is a dynamic, changing program in which many of
the relevant California regulations are continuously updated. To
retain California’s standards, Maryland must remain consistent with
their regulations, hence when California updates its regulations,
Maryland must reflect these changes by amending our regulations.
The proposed changes are in effect in California as well as some
of the other states that have adopted the Cal LEV program. The only
regulatory change in this proposed action is to the ZEV portion of the
regulation. It will have minimal, if any, impact on the cost or
implementation of the program in Maryland. Reference updates to the
incorporated by reference documents have also been included.
Sources Affected and Location
These amendments apply to automobile manufacturers that
produce new motor vehicles for sale in Maryland. All vehicle types
that have a gross vehicle weight rating of less than 14,000 pounds are
affected.
Requirements
These amendments update Maryland’s program requirements to be
consistent with California’s program requirements. This action is
necessary since many of the California regulations that are
incorporated into the Maryland regulation have been updated. These
individual regulatory changes can be grouped into 3 areas:
•Adjustments to the optional Section 177 state compliance path
(OCP).
•Maintain a minimum ZEV credit requirement for
manufacturers for each model year.
•Amend the fast refueling definition for determining ZEV
types.
These changes are described in greater detail in the Technical
Support Document for this action. The biggest change that will affect
Maryland is the elimination of certain credits from being used to
meet the OCP requirements. Manufacturers will only be allowed to
meet the requirements from credits generated by vehicles actually
placed in the state, which was the original intent of the OCP as
negotiated with the manufacturers.
Expected Emissions Reductions
The changes to the ZEV portion of the regulation may have a
small positive impact on the benefits, as it is designed to ensure more
ZEVs are actually delivered to the Section 177 States in order to
comply with the OCP. The emissions impact is expected to be
minimal though, as the manufacturer fleet average emission
requirement remains the same.
Comparison to Federal Standards There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact I. Summary of Economic Impact. Minimal additional burden or
cost is expected as a result of these amendments. The changes to the
OCP, and maintaining a minimum ZEV credit requirement will
require manufacturers to introduce more actual ZEVs to Maryland
and the other Section 177 states. However, provisions to allow
pooling across states and from the east and west regions from
different model years will give manufacturers greater flexibility to
meet the regulatory requirements in a way that is best for their
business situation.
These amendments will have no economic impact on the
Department. They also will have no impact on the Motor Vehicle
Administration’s registration, data management, and dealer oversight
activities related to this program.
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: (+) Minimal
E. On other industries or
trade groups: NONE
F. Direct and indirect effects on public:
(1) Cost to Consumers (+) Minimal
(2) Health/Environmental
Benefits (+) Indeterminable
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
D. These amendments should have no impact on Maryland
dealers. The increase in ZEVs that will result from this amendment
will be minimal, and enable the dealers to provide consumers with
more of the most advanced and fuel efficient technology vehicles
available.
F(1). The economic impact to Maryland consumers is minimal as
there are no significant changes to the vehicle requirements.
F(2). Indirectly, the implementation of this program will benefit
the public by helping to 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 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 January 7, 2015 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 Mr. Randy Mosier, Chief of the Regulation Division, Air
and Radiation Management Administration, Department of the
Environment, 1800 Washington Boulevard, Suite 730, Baltimore,
Maryland 21230-1720, or email to [email protected].
Comments must be received not later than January 7, 2015, or be
submitted at the hearing. For more information, call Randy Mosier at
(410) 537-4488.
PROPOSED ACTION ON REGULATIONS 1449
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Copies of the proposed action and supporting documents are
available for review at the following locations:
• The Department of the Environment’s website at:
http://www.mde.state.md.us/programs/regulations/air/Pages/req
comments.aspx
• The Air and Radiation Management Administration; and
• Regional offices of the Department in Cumberland and
Salisbury.
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.
Editor’s Note on Incorporation by Reference
Pursuant to State Government Article, §7-207, Annotated Code of
Maryland, the California Code of Regulations (CCR), Title 13 Motor
Vehicles, Division 3 Air Resources Board, Chapters 1, 2, 3, and 4.4
has been declared a document generally available to the public and
appropriate for incorporation by reference. For this reason, it will not
be printed in the Maryland Register or the Code of Maryland
Regulations (COMAR). Copies of this document are filed in special
public depositories located throughout the State. A list of these
depositories was published in 41:1 Md. R. 9 (January 10, 2014), and
is available online at www.dsd.state.md.us. The document may also
be inspected at the office of the Division of State Documents, 16
Francis Street, Annapolis, Maryland 21401.
.02 Incorporation by Reference. A. (text unchanged)
B. Documents Incorporated.
(1)—(8) (text unchanged)
(9) Title 13, California Code of Regulations (CCR), Division 3,
Chapter 1, Article 2, §1962.1 Zero-Emission Vehicle Standards for
2009 through 2017 Model Year Passenger Cars, Light-Duty Trucks,
and Medium-Duty Vehicles, as effective [December 31, 2012] July
10, 2014.
(10) Title 13, California Code of Regulations (CCR), Division
3, Chapter 1, Article 2, §1962.2 Zero-Emission Vehicle Standards for
2018 and Subsequent Model Year Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles, as effective [December 31,
2012] July 10, 2014.
(11)─(33) (text unchanged)
(34) Title 13, California Code of Regulations (CCR), Division
3, Chapter 2, Article 2.1, §2111 Applicability, as effective [August
16, 2009] December 8, 2010.
(35) ─(45) (text unchanged)
(46) Title 13, California Code of Regulations (CCR), Division
3, Chapter 2, Article 2.2, §2122 General Provisions, as effective
[January 4, 2008] December 8, 2010.
(47) ─(59) (text unchanged)
(60) Title 13, California Code of Regulations (CCR), Division
3, Chapter 2, Article 2.3, §2136 General Provisions, as effective
[January 4, 2008] December 8, 2010.
(61) ─(64) (text unchanged)
(65) Title 13, California Code of Regulations (CCR), Division
3, Chapter 2, Article 2.4, §2141 General Provisions, as effective
[January 4, 2008] December 8, 2010.
(66) ─(78) (text unchanged)
(79) Title 13, California Code of Regulations (CCR), Division
3, Chapter 4.4, §2235 Requirements, as effective August [7] 8, 2012.
ROBERT M. SUMMERS, PH.D.
Secretary of the Environment
Subtitle 11 AIR QUALITY 26.11.38 Control of NOx Emissions from Coal-
Fired Electric Generating Units
Authority: Environment Article, §§1-404, 2-103, and 2-301—2-303,
Annotated Code of Maryland
Notice of Proposed Action [14-349-P]
The Secretary of the Environment proposes to adopt new
Regulations .01—.06 under a new chapter, COMAR 26.11.38 Control of NOx Emissions from Coal-Fired Electric Generating Units.
Statement of Purpose The purpose of this action is to establish new nitrogen oxides
(NOx) emission standards and additional monitoring and reporting
requirements for coal-fired electric generating units in Maryland. The
new standards for coal-fired electric generating units in Maryland and
resulting reductions in NOx emissions are needed to achieve
attainment of the National Ambient Air Quality Standard (NAAQS)
for ozone and will satisfy the requirements of §182 of the federal
Clean Air Act.
This action will be submitted to the U.S. Environmental Protection
Agency (EPA) for approval as part of Maryland’s State
Implementation Plan.
Background
In 2012, portions of Maryland were designated as nonattainment
for the 75 parts per billion (ppb) ozone NAAQS. Ozone is produced
when volatile organic compounds (VOCs) and nitrogen oxides (NOx)
react in the presence of heat and sunlight. The Department has found
through a research partnership with the University of Maryland that
NOx reductions are more effective at reducing ozone levels than VOC
reductions.
Under the federal Clean Air Act, 42 U.S.C. § 7401 et seq., sources
in ozone nonattainment areas classified as moderate and above are
subject to a NOx Reasonably Available Control Technology (RACT)
requirement.
Section 182 of the Clean Air Act requires the Maryland
Department of the Environment (MDE) to review and revise NOx
RACT requirements in the Maryland State Implementation Plan (SIP)
as necessary to achieve compliance with new more stringent ambient
air quality standards. EPA defines RACT as the lowest emissions
limitation (e.g., on a part per million or pound per million Btu basis)
that a particular source is capable of meeting by the application of
control technology (e.g., installation and operation of low-NOx
burners) that is reasonably available considering technological and
economic feasibility. In reviewing existing NOx RACT requirements
for adequacy, the Department considers technological advances, the
stringency of the revised ozone standard and whether new sources
subject to RACT requirements are present in the nonattainment area.
Maryland’s RACT SIP for the new 75 ppb ozone standard must
examine existing controls on major sources of NOx to determine
whether additional controls are economical and technically feasible.
In 2015, MDE is also required to submit an ozone attainment SIP
that includes emission reduction strategies designed to achieve
compliance with the 75 ppb ozone standard by 2018. Reductions in
NOx emissions from coal-fired electric generating units on high
electricity demand days during the ozone season are necessary to
achieve compliance with the 75 ppb standard and will also be
necessary to achieve compliance with the more stringent ozone
standard EPA is expected to propose in December 2014. The
measures required by this proposed action to reduce NOx emissions
PROPOSED ACTION ON REGULATIONS 1450
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
will address peak day NOx emissions as well as satisfy the
requirement to update the NOx RACT standard.
To comply with the Maryland Healthy Air Act (or HAA), all
active coal-fired electric generating units installed NOx reduction
technologies that utilize chemical reductants to lower NOx emissions.
These technologies included selective catalytic reduction (SCR),
selective non-catalytic reduction (SNCR), and selective alternative
catalytic reduction (SACR). Implementation of the Healthy Air Act
resulted in significant reductions in NOx emissions through the
establishment of separate annual and ozone season mass emission
limitations or caps on the affected coal-fired units. The HAA allows
system-wide averaging to demonstrate compliance with the emission
limits, i.e., compliance is demonstrated so long as total NOx
emissions from all units in a system do not exceed the aggregate
tonnage limit for all units in the “system”—defined as all units under
the same ownership. At this time, there are two “systems” in
Maryland: (1) the Raven Power Finance LLC (Raven Power) System
comprised of Brandon Shores Units 1 and 2, H. A. Wagner Units 2
and 3, and C. P. Crane Units 1 and 2; and (2) the NRG Energy, Inc.
(NRG) system comprised of Morgantown Units 1 and 2, Chalk Point
Units 1 and 2, and Dickerson Units 1, 2 and 3.
Previously owners of the plants now owned by Raven Power and
NRG installed SCR, SNCR or SACR on units subject to the Healthy
Air Act. The ability to average emissions across a system provided
flexibility to install the most advanced controls (SCR) at some units,
and controls with lower NOx emission removal efficiency (SACR and
SNCR) at the remaining units. “Baseload” units were equipped with
SCR while “load following” units were predominantly equipped with
SNCR or SACR. Overall, the operation of the combination of
controls yielded a 75 percent reduction in NOx emissions from 2002
levels. The mass emission caps driving this reduction were
established based on historic comparatively high utilization rates for
the units.
In recent years the utilization of coal plants has changed
dramatically on a national level, as well as in Maryland. The sharp
decline in natural gas prices, rising cost of coal, and reduced demand
for electricity are all contributing to a substantial reduction in the
utilization of coal-fired plants. With increasing frequency, these
older, less efficient plants operate primarily during periods of peak
demand. This reduction in operation results in lower system-wide
annual and ozone season NOx emissions, thereby allowing the units
to operate at higher emission rates, while remaining below the HAA
emission caps.
The Department found, through its recent review of 2007 through
2013 emissions data from Maryland coal-fired units equipped with
SCRs, SNCRs and SACRs many of the coal-fired units were not
consistently operating their previously installed controls to optimize
emission reductions—particularly during ozone season periods of
high electricity demand when ozone levels are highest. In fact, during
the most recent years, average ozone season NOx emission rates for
certain units were increasing. This practice has resulted in high NOx
emissions on days when emission reductions are most needed to
avoid exceedances of the ozone standard.
This proposed regulation, when effective, will result in immediate
reductions in ozone season NOx emissions from these sources, which
are needed to achieve and maintain compliance with the 75 ppb
ozone standard. In the longer term additional reductions will come
primarily from seven units that are not equipped with SCR controls
and are high NOx emitters when called upon to run — Chalk Point
Unit 2; Wagner Unit 2; Crane Units 1 and 2; and Dickerson Units 1,
2, and 3.
Affected Sources
This action impacts coal-fired electric generating units (EGUs) in
Maryland, which account for more than 80 percent of the State’s
power plant NOx emissions. Affected EGUs include: Brandon Shores
(Units 1 and 2); C.P. Crane (Units 1 and 2), H.A. Wagner (Units 2
and 3) plants; Chalk Point (Units 1 and 2), Morgantown (Units 1 and
2), Dickerson (Units 1, 2 and 3); and AESWarrior Run.
Requirements
This action is part of a broader strategy to further reduce NOx
emissions from coal-fired EGUs in the State by requiring owners and
operators of affected EGUs to comply with the following measures:
•No later than 45 days after the effective date of this regulation,
submit a plan to MDE, for approval by MDE and EPA, that
demonstrates how the unit will operate installed pollution control
technology and combustion controls to minimize emissions;
•Beginning May 1, 2015, and during the entire ozone season
whenever the unit is combusting coal, operate and optimize the use of
all installed pollution and combustion controls consistent with the
technological limitations, manufacturers’ specifications, good
engineering, maintenance practices, and air pollution control
practices to minimize emissions (as defined in 40 C.F.R. § 60.11(d));
•Demonstrate compliance by meeting a system-wide NOx
emission rate of 0.15 lbs/MMBtu as a 30-day rolling average during
the ozone season. A unit that is located at an electric generating
facility that is the only facility in Maryland directly, or indirectly
owned, operated or controlled by the owner, operator or controller of
the facility is exempt from the obligation to meet this NOx emission
rate;
•Continue to meet the ozone season and annual NOx reduction
requirements set forth in COMAR 26.11.27;
•Meet a NOx emission rate of 0.10 lbs/MMBtu as a 24-hour
block average on an annual basis if the unit is a fluidized bed
combustor;
•No later than June 1, 2020, the owner or operator of C.P.
Crane Units 1 and 2, Chalk Point Unit 2, Dickerson Units 1, 2, and 3
and H.A. Wagner Unit 2 must comply with one the following three
options:
(i) install and operate a selective catalytic reduction (SCR)
control system during the ozone season and meet a NOx emission rate
of 0.09 lbs/MMBtu, as determined on a 30-day rolling average during
the ozone season;
(ii) permanently retire the unit; or
(iii) switch the unit’s fuel from coal to natural gas.
•Demonstrate compliance with the requirements and emission
rates in the regulation in accordance with the prescribed procedures.
Projected Emissions Reductions
The Department projects that implementation of Regulation .03
requirements will result in an estimated daily NOx emission reduction
of 25 percent and 9 tons from average levels of 36 tons/day during
the period from 2011 through 2013 as long as the two current systems
remain intact. Additional emission reductions should be realized on
peak days as the NOx emission rate restrictions will achieve better
performance from units that traditionally are operated only upon high
electricity demand days. A more accurate estimate of daily reductions
can be made after compliance plans from the affected sources are
approved by the Department. The estimated daily NOx emission
reduction due to implementation of Regulation .04 in 2020 ranges
from 30 to 36 percent below the aggregate potential to emit with a
maximum reduction of 17 tons/day.
Comparison to Federal Standards There is a corresponding federal standard to this proposed action,
but the proposed action is not more restrictive or stringent.
PROPOSED ACTION ON REGULATIONS 1451
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Estimate of Economic Impact I. Summary of Economic Impact. As described above, the new
regulation provides three options from which affected sources may
choose to achieve compliance with the 2020 requirements. Affected
sources have 5 years to analyze compliance options and projected
changes in energy markets to select the most cost-effective
compliance option. The flexible regulatory approach and 5-year lead
time makes it difficult at this time to quantify future costs.
Implementation of these regulations will result in reduced ozone
levels thereby reducing the adverse health impacts experienced by
many Marylanders caused by exposure to high levels of ozone. These
benefits include a lower incidence of hospitalizations, respiratory
illnesses, and restricted activity days. Health benefits are influenced
by many factors and monetizing benefits is difficult. Ozone season
economic benefits from reduced incidents ranges from $60,000—
$300,000,000 (in 2010 dollars).
All of Maryland’s coal-fired EGUs are currently equipped with
either the most efficient or second most efficient available NOx
control technology, SCR and SNCR or SACR, respectively.
Compliance with the 2015 requirements will require all coal-fired
units to operate and optimize existing pollution and combustion
controls to minimize NOx emissions during the ozone season. The
cost of optimizing operation of the existing control technologies
(SCR and SNCR and SACR) annually for each affected unit
individually is estimated to be in the range of $430,000 to $4,300,000
for each affected unit.
As noted above, compliance with the 2020 requirements can be
achieved through one of three options. Under the first option for 2020
compliance, units currently equipped with SNCR or SACR control
technologies could remove and replace those technologies with the
more advanced SCR technology. Installation of state-of-the-art SCR
controls on a unit can cost up to $200,000,000. The performance and
removal efficiency of the controls at a specific unit can depend in part
on how much the unit operates. We note that in 2012 Securities and
Exchange Commission filings, the previous owners of the units now
owned by NRG indicated their intent to install SCR technology at
Chalk Point Unit 2 and Dickerson Units 1, 2 and 3.
Under the second compliance option, affected units could convert
to cleaner burning natural gas. The installed cost of a natural gas
combined cycle unit is approximately $1,000,000 per megawatt of
capacity. The regulation provides a significant 5-year compliance
lead time. This is particularly important for the natural gas option, as
the utilization of natural gas is projected to significantly increase due
to the dynamics of the energy market. The availability of natural gas,
site specific constraints and market fuel prices will factor into
decisions about selection of this option.
The third compliance option is retirement of the unit(s). Many of
the units subject to this regulation were built in the 1950s and are
much less efficient than modern units. Some of these units may
simply be reaching the end of their ability to efficiently produce
energy and the costs associated with fuel switching or installation and
operation of advanced NOx controls would reduce the unit’s
profitability.
There will be no expected impact on the Department, other State
agencies, or local governments as a result of this action.
Revenue (R+/R-)
II. Types of Economic Impact.
Expenditure
(E+/E-) Magnitude
A. On issuing agency: (E+) Minimal
B. On other State
agencies: NONE Minimal
C. On local
governments: NONE Minimal
Benefit (+)
Cost (-) Magnitude
D. On regulated industries or trade groups:
Compliance Costs (-) $430,000—
$300,000,000
E. On other industries or trade groups:
MD Contractors (+) Indeterminate
F. Direct and indirect effects on public:
(1) Health Benefits (+) $60,000—
$300,000,000
(2) Electricity
Rates (-) Indeterminate
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
A. The Department maintains both a compliance and permitting
program for major sources as required by the Clean Air Act. These
programs will implement these regulations.
B. There are no anticipated tasks or compliance activities required
of other State agencies due to these regulations.
C. There are no anticipated tasks or compliance activities required
of local government due to these regulations.
D. It is difficult to determine the precise costs to regulated entities
associated with implementation of this action because there can be of
a number of site-specific requirements and variables associated with
the cost of installation and operation of pollution control equipment
or installation of new equipment at specific plants. Companies must
optimize their existing control equipment to meet the 2015
requirements. The annual operating and maintenance cost for a single
unit can range from $430,000 to $4,300,000. Optimization of the
operation of the existing controls many push annual operating and
maintenance costs toward the high end of the estimates or even add
some additional costs but the exact additional cost if any cannot be
determined at this time. Companies can choose from three options to
meet 2020 requirements. Raven Power and NRG submitted cost
analyses for the replacement of existing SNCR/SACR control
technology with SCR control technology for certain units. Capital
cost estimates for this change in technology on an individual unit
range from $40,000,000 to $200,000,000. Operating and maintenance
costs range from $430,000 to $4,300,000 (in 2014 dollars).
Additionally, the regulations allow fuel switching to natural gas.
Current publications and review of recently built facilities that have
installed natural gas boilers indicates the cost of installation to be
approximately $1,000,000 per megawatt of capacity. Therefore an
anticipated range of cost for installing a natural gas boiler is
$25,000,000 to $300,000,000 (in 2014 dollars). In the case of a unit
retirement, the company will lose revenue and may face
decommissioning costs. Therefore the Department anticipates costs
will range from $430,000 to $300,000,000 for any of the options.
E. Installation of SCR technology or natural gas-fired boilers is
usually performed by specially trained tradesmen. Maryland
contractors and equipment manufacturers may see an increase in
demand for services; however, the magnitude of the increase that
may result is indeterminate.
F(1). Health benefits are influenced by many factors and
monetizing benefits is difficult. Implementation of these regulations
PROPOSED ACTION ON REGULATIONS 1452
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
will result in a reduction of incidents in which Marylanders
experience adverse health effects, including hospitalizations,
illnesses, restricted activity days and other effects caused by air
pollution and exposure to ground level ozone. Ozone season
economic benefits from reduced incidents ranges from $60,000 to
$300,000,000 (in 2010 dollars).
F(2). Commercial and consumer electricity rates are influenced by
many factors. The costs associated with implementation of this action
may be one factor that influences these rates, but the magnitude of
that influence is difficult to quantify when considered along with
other factors that significantly affect electric rates.
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 January 7, 2015 at 11 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 Mr. Randy Mosier, Chief of the Regulation Division, Air
and Radiation Management Administration, Department of the
Environment, 1800 Washington Boulevard, Suite 730, Baltimore,
Maryland 21230-1720, or email to [email protected].
Comments must be received no later than January 7, 2015, or be
submitted at the hearing. For more information, call Randy Mosier at
(410) 537-4488.
Copies of the proposed action and supporting documents are
available for review at the following locations:
• The Department of the Environment’s website at:
http://www.mde.state.md.us/programs/regulations/air/Pages/req
comments.aspx
• The Air and Radiation Management Administration; and
• Regional offices of the Department in Cumberland and
Salisbury.
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.
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Affected electric generating unit” means any one of the
following coal-fired electric generating units:
(a) Brandon Shores Units 1 and 2;
(b) C.P. Crane Units 1 and 2;
(c) Chalk Point Units 1 and 2;
(d) Dickerson Units 1, 2, and 3;
(e) H.A. Wagner Units 2 and 3;
(f) Morgantown Units 1 and 2; and
(g) Warrior Run.
(2) “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 is operating, consuming fuel, or causing
emissions.
(3) “Ozone season” means the period beginning May 1 of any
given year and ending September 30 of the same year.
(4) System.
(a) “System” means all affected electric generating units
within the State of Maryland subject to this chapter that are owned,
operated, or controlled by the same person and are located:
(i) In the same ozone nonattainment area as specified in
40 CFR Part 81; or
(ii) Outside any designated ozone nonattainment area as
specified in 40 CFR 81.
(b) A system must include at least two affected electric
generating units.
(5) “System operating day” means any day in which an electric
generating unit in a system operates.
(6) “30-day rolling average emission rate” means a value in
lbs/MMBtu calculated by:
(a) Summing the total pounds of pollutant emitted from the
unit during the current operating day and the previous 29 operating
days;
(b) Summing the total heat input to the unit in MMBtu
during the current operating day and the previous 29 operating days;
and
(c) Dividing the total number of pounds of pollutant emitted
during the 30 operating days by the total heat input during the 30
operating days.
(7) “30-day system-wide rolling average emission rate” means
a value in lbs/MMBtu calculated by:
(a) Summing the total pounds of pollutant emitted from the
system during the current system operating day and the previous 29
system operating days;
(b) Summing the total heat input to the system in MMBtu
during the current system operating day and the previous 29 system
operating days; and
(c) Dividing the total number of pounds of pollutant emitted
during the 30 system operating days by the total heat input during the
30 system operating days.
(8) “24-hour block average emission rate” means a value in
lbs/MMBtu calculated by:
(a) Summing the total pounds of pollutant emitted from the
unit during 24 hours between midnight of one day and ending the
following midnight;
(b) Summing the total heat input to the unit in MMBtu
during 24 hours between midnight of one day and ending the
following midnight; and
(c) Dividing the total number of pounds of pollutant emitted
during 24 hours between midnight of one day and ending the
following midnight by the total heat input during 24 hours between
midnight of one day and ending the following midnight.
.02 Applicability.
The provisions of this chapter apply to an affected electric
generating unit as that term is defined in Regulation .01B of this
chapter.
.03 2015 NOx Emission Control Requirements.
A. Daily NOx Reduction Requirements During the Ozone Season.
(1) Not later than 45 days after the effective date of this
regulation, the owner or operator of an affected electric generating
unit shall submit a plan to the Department and EPA for approval that
demonstrates how each affected electric generating unit (“the unit”)
shall operate installed pollution control technology and combustion
controls to meet the requirements of §A(2) of this regulation. The
plan shall summarize the data that will be collected to demonstrate
compliance with §A(2) of this regulation. The plan shall cover all
modes of operation, including but not limited to normal operations,
start-up, shut-down and low capacity operations.
PROPOSED ACTION ON REGULATIONS 1453
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
(2) Beginning on May 1, 2015, for each operating day during
the ozone season, the owner or operator of an affected electric
generating unit shall minimize NOx emissions by operating and
optimizing the use of all installed pollution control technology and
combustion controls consistent with the technological limitations,
manufacturers’ specifications, good engineering and maintenance
practices, and good air pollution control practices for minimizing
emissions, as defined in 40 C.F.R. § 60.11(d), for such equipment and
the unit at all times the unit is in operation while burning any coal.
B. Ozone Season NOx Reduction Requirements.
(1) Except as provided in §B(3) of this regulation, the owner or
operator of an affected electric generating unit may not exceed a NOx
30-day system-wide rolling average emission rate of 0.15 lbs/MMBtu
during the ozone season.
(2) The owner or operator of an affected electric generating
unit subject to the provisions of this regulation shall continue to meet
the ozone season NOx reduction requirements in COMAR 26.11.27.
(3) Ownership of Single Electric Generating Facility.
(a) An affected electric generating unit is not subject to
§B(1) of this regulation if the unit is located at an electric generating
facility that is the only facility in Maryland directly or indirectly
owned, operated or controlled by the owner, operator or controller of
the facility.
(b) For the purposes of Regulation .03B(3) of this chapter,
the owner includes parent companies, affiliates and subsidiaries of
the owner.
C. Annual NOx Reduction Requirements. The owner or operator of
an affected electric generating unit subject to the provisions of this
regulation shall continue to meet the annual NOx reduction
requirements in COMAR 26.11.27.
D. NOx Emission Requirements for Affected Electric Generating
Units Equipped with Fluidized Bed Combustors.
(1) The owner or operator of an affected electric generating
unit equipped with a fluidized bed combustor is not subject to the
requirements of §§A, B(1), B(2) and C of this regulation.
(2) The owner or operator of an affected electric generating
unit equipped with a fluidized bed combustor may not exceed a NOx
24-hour block average emission rate of 0.10 lbs/MMBtu.
.04 Additional NOx Emission Control Requirements Beginning
June 1, 2020.
A. This regulation applies to C.P. Crane units 1 and 2, Chalk
Point unit 2, Dickerson units 1, 2, and 3 and H.A. Wagner unit 2.
B. General Requirements. The owner or operator of the affected
electric generating units subject to this regulation shall choose from
the following:
(1) Not later than June 1, 2020:
(a) Install and operate a selective catalytic reduction (SCR)
control system; and
(b) Meet a NOx emission rate of 0.09 lbs/MMBtu, as
determined on a 30-day rolling average during the ozone season;
(2) Not later than June 1, 2020, permanently retire the unit; or
(3) Not later than June 1, 2020, switch fuel from coal to natural
gas for the unit.
.05 Compliance Demonstration Requirements.
A. Procedures for Demonstrating Compliance with Regulation
.03(A) of this Chapter.
(1) An affected electric generating unit shall demonstrate, to
the Department’s satisfaction, compliance with Regulation .03(A)(2)
of this chapter, using the information collected and maintained in
accordance with Regulation .03(A)(1) of this chapter and any
additional documentation available to and maintained by the affected
electric generating unit.
(2) An affected electric generating unit shall not be required to
submit a unit-specific report consistent with §A(3) of this regulation
where the unit emits at levels that are at or below the following rates:
Affected Unit 24-Hour Block Average
NOx Emissions
in lbs/MMBtu
Brandon Shores
Unit 1 0.08
Unit 2
< 650 MWg
≥ 650 MWg
0.07
0.15
C.P. Crane
Unit 1 0.30
Unit 2 0.28
Chalk Point
Unit 1 only 0.07
Unit 2 only 0.33
Units 1 and 2 combined 0.20
Dickerson
Unit 1 only 0.24
Unit 2 only 0.24
Unit 3 only 0.24
Two or more Units combined 0.24
H.A. Wagner
Unit 2 0.34
Unit 3 0.07
Morgantown
Unit 1 0.07
Unit 2 0.07
(3) The owner or operator of an affected electric generating
unit subject to Regulation .03(A)(2) of this chapter shall submit a
unit-specific report for each day the unit exceeds its NOx emission
rate of §A(2) of this regulation, which shall include the following
information for the entire operating day:
(a) Hours of operation for the unit;
(b) Hourly averages of operating temperature of installed
pollution control technology;
(c) Hourly averages of heat input (MMBtu/hr);
(d) Hourly averages of output (MWh);
(e) Hourly averages of Ammonia or urea flow rates;
(f) Hourly averages of NOx emissions data (lbs/MMBtu and
tons);
(g) Malfunction data;
(h) The technical and operational reason the rate was
exceeded, such as:
(i) Operator error;
(ii) Technical events beyond the control of the owner or
operator (e.g. acts of God, malfunctions); or
(iii) Dispatch requirements that mandate unplanned
operation (e.g. start-ups and shut-downs, idling and operation at low
voltage or low capacity);
(i) A written narrative describing any actions taken to
reduce emission rates; and
(j) Other information that the Department determines is
necessary to evaluate the data or to ensure that compliance is
achieved.
(4) An exceedance of the emissions rate of §A(2) of this
regulation including but not limited to start-up and shut-down, days
when the unit was directed by the electric grid operator to operate at
low capacity or to operate pursuant to any emergency generation
operations required by the electric grid operator, including
PROPOSED ACTION ON REGULATIONS 1454
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
necessary testing for such emergency operations or to have otherwise
occurred during operations which are deemed consistent with the
unit’s technological limitations, manufacturers’ specifications, good
engineering and maintenance practices, and good air pollution
control practices for minimizing emissions, shall not be considered a
violation of Regulation .03A(2) of this chapter provided that the
provisions of the approved plan as required in Regulation.03A(1) of
this chapter are met.
B. Procedures for Demonstrating Compliance with NOx Emission
Rates of this Chapter.
(1) Compliance with the NOx emission rate limitations in
Regulations .03B(1), .03D(2), .04B(1)(b) and .05A(2) of this chapter
shall be demonstrated with a continuous emission monitoring system
that is installed, operated, and certified in accordance with 40 CFR
Part 75.
(2) For Regulation .03B(1) of this chapter, in order to calculate
the 30-day system-wide rolling average emission rates, if 29 system
operating days are not available from the current ozone season,
system operating days from the previous ozone season shall be used.
(3) For Regulation .04B(1) of this chapter, in order to calculate
the 30-day rolling average emission rates, if 29 operating days are
not available from the current ozone season, operating days from the
previous ozone season shall be used.
.06 Reporting Requirements.
A. Reporting Schedule.
(1) Beginning 30 days after the first month of the ozone season
following the effective date of this chapter, each affected electric
generating unit subject to the requirements of this chapter shall
submit a monthly report to the Department detailing the status of
compliance with this chapter during the ozone season.
(2) Each subsequent monthly report shall be submitted to the
Department not later than 30 days following the end of the calendar
month during the ozone season.
B. Monthly Reports During Ozone Season. Monthly reports during
the ozone season shall include:
(1) Daily pass or fail of the NOx emission rates of Regulation
.05A(2) of this chapter.
(2) The reporting information as required under Regulation
.05A(3) of this chapter.
(3) The 30-day system-wide rolling average emission rate for
each affected electric generating unit to demonstrate compliance with
Regulation .03B(1) of this chapter; and
(4) Beginning June 1, 2020, the daily 30-day rolling average
heat input calculated in lbs/MMBtu to demonstrate compliance with
the requirements of Regulation .04B(1)(b) of this chapter.
ROBERT M. SUMMERS, Ph.D.
Secretary of the Environment
Title 36 MARYLAND STATE
LOTTERY AND GAMING CONTROL AGENCY
Subtitle 01 GENERAL PROVISIONS 36.01.01 General Authority: State Government Article, §§9-110(a) and 9-111(a)(7), Annotated
Code of Maryland
Notice of Proposed Action [14-345-P]
The Maryland Lottery and Gaming Control Agency proposes to
amend Regulation .04 under COMAR 36.01.01 General. This action
was considered at the Maryland State Lottery and Gaming Control
Commission open meeting held on September 25, 2014, 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 incorporate provisions that better
refine the requirements of the agency.
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 James B. Butler, Director of Legislative
and Policy Affairs, Maryland Lottery and Gaming Control Agency,
1800 Washington Blvd., Suite 330, Baltimore, MD 21230, or call
(410) 230-8781, or email to [email protected], or fax to (410)
230-8727. Comments will be accepted through December 31, 2014.
A public hearing has not been scheduled.
.04 Lottery and Gaming Control Director. A. (text unchanged)
B. Powers of Director.
(1)—(3) (text unchanged) (4) With the approval of the Commission, the Director may:
(a) (text unchanged)
(b) Enter into private sector cooperative marketing project
agreements as provided for in State Finance and Procurement Article,
§11-203[(a)(1)(xiv)], Annotated Code of Maryland.
(5)—(11) (text unchanged)
STEPHEN L. MARTINO
Director
Maryland State Lottery and Gaming Control Agency
PROPOSED ACTION ON REGULATIONS 1455
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Subtitle 03 GAMING PROVISIONS 36.03.03 Video Lottery Operation License
Authority: State Government Article, §9-1A-24(f), Annotated Code of
Maryland
Notice of Proposed Action [14-344-P]
The Maryland Lottery and Gaming Control Agency proposes to
amend Regulation .07 under COMAR 36.03.03 Video Lottery Operation License. This action was considered at the Maryland
State Lottery and Gaming Control Commission open meeting held on
September 25, 2014, 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 incorporate provisions that refine
the withdrawal limits on automated teller machines at casinos.
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 James B. Butler, Director of Legislative
and Policy Affairs, Maryland Lottery and Gaming Control Agency,
1800 Washington Blvd, Suite 330, Baltimore, MD 21230, or call
(410) 230-8780, or email to [email protected], or fax to (410)
230-8727. Comments will be accepted through December 31, 2014.
A public hearing has not been scheduled.
.07 Automated Teller Machines. A. (text unchanged)
B. Withdrawal Limits. [The] Exclusive of transaction fees or
surcharges, the maximum amount that a player may withdraw from
an account by using an automated teller machine located on the
gaming floor [shall be:] is [(1) No more than $250 per transaction; and
(2) No] no more than [$1,000] $2,500 per gaming day.
C. (text unchanged)
STEPHEN L. MARTINO
Director
Maryland State Lottery and Gaming Control Agency
Subtitle 04 VIDEO LOTTERY TERMINALS
36.04.01 Video Lottery Terminal Technical Standards
Authority: State Government Article, §§9-1A-02(b) and 9-1A-04(d),
Annotated Code of Maryland
Notice of Proposed Action [14-343-P]
The Maryland Lottery and Gaming Control Agency proposes to
amend Regulation .20 under COMAR 36.04.01 Video Lottery
Terminal Technical Standards. This action was considered at the
Maryland State Lottery and Gaming Control Commission open
meeting held on September 25, 2014, 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 incorporate provisions that better
refine the requirements and procedures for VLT operations.
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 James B. Butler, Director of Legislative
and Policy Affairs, Maryland Lottery and Gaming Control Agency,
1800 Washington Blvd, Suite 330, Baltimore, MD 21230, or call
(410) 230-8781, or email to [email protected], or fax to (410)
230-8727. Comments will be accepted through December 31, 2014.
A public hearing has not been scheduled.
.20 Video Lottery Terminal Entry Logs. A. (text unchanged)
B. A maintenance log shall be:
(1) (text unchanged)
(2) Maintained in a book with bound numbered pages that
cannot be readily removed, or in a functional equivalent that has
been reviewed and approved by the Commission:
(3)—(4) (text unchanged)
C. (text unchanged)
STEPHEN L. MARTINO
Director
Maryland State Lottery and Gaming Control Agency
Subtitle 05 TABLE GAMES 36.05.02 Table Game Equipment
Authority: State Government Article, §§9-1A-02(b) and 9-1A-04(d),
Annotated Code of Maryland
Notice of Proposed Action [14-342-P]
The Maryland Lottery and Gaming Control Agency proposes to
amend Regulation .16 under COMAR 36.05.02 Table Game Equipment. This action was considered at the Maryland State
Lottery and Gaming Control Commission open meeting held on
September 25, 2014, 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 incorporate provisions that better
clarify the duties and responsibilities of a table games supervisor.
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.
PROPOSED ACTION ON REGULATIONS 1456
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
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 James B. Butler, Director of Legislative
and Policy Affairs, Maryland Lottery and Gaming Control Agency,
1800 Washington Blvd, Suite 330, Baltimore, MD 21230, or call
(410) 230-8781, or email to [email protected], or fax to (410)
230-8727. Comments will be accepted through December 31, 2014.
A public hearing has not been scheduled.
.16 Cards — Receipt, Storage, Inspection, and Removal. A. (text unchanged)
B. Storage. The Commission-approved storage area must have two
separate locks, to which access shall be controlled as follows:
(1) – (2) (text unchanged)
(3) If the facility operator has a separate [Poker] poker storage
area, an employee below a [poker shift manager] poker supervisor in
the organizational hierarchy may not have access to the gaming
operations department key to the poker storage area.
C. Distribution.
(1) (text unchanged)
(2) The floorperson or above and the security department
employee who removed the decks shall distribute sufficient decks to
the pit managers or above and, if applicable, to the [poker shift
manager] poker supervisor.
(3) (text unchanged)
(4) Decks of cards in the pit stand shall be placed in a locked
compartment, the keys to which shall be in the possession of the pit
managers or above or the [poker shift manager] poker supervisor or
above.
D. Inspection.
(1) If the decks are to be inspected at open gaming tables under
§F of this regulation, the pit manager or above shall distribute the
decks to the dealer at each table or the [poker shift manager] poker
supervisor shall transport the decks to the poker pit stand for
subsequent distribution to the dealer at each poker table either
directly by the [poker shift manager] poker supervisor or through the
floorperson assigned to supervise the dealer.
(2) If the decks are to be preinspected and preshuffled at a
closed gaming table as permitted under §R of this regulation, the pit
manager or above or [Poker shift manager] poker supervisor shall
deliver the decks to the dealer and the floorperson or above at the
closed gaming table where the preinspection and preshuffling shall be
performed.
(3)—(4) (text unchanged)
E. Removal.
(1) If the decks of cards to be used for poker are removed from
the poker storage area, the [poker shift manager] poker supervisor or
above and a security department employee shall, at times as may be
necessary, remove the appropriate number of decks from the [Poker] poker storage area and distribute the decks under §D(1), (2) or (3) of
this regulation.
(2) The number of decks distributed must include extra decks
that shall be placed in the pit stand for the card reserve.
(3) Decks of cards in the pit stand shall be placed in a locked
compartment, the keys to which shall be in the possession of the
[poker shift manager] poker supervisor or above.
F. (text unchanged)
G. Unsuitable or Missing Card. If, while inspecting the cards in
accordance with §F of this regulation, the dealer finds that a card is
unsuitable for use, a card is missing from the deck or an extra card is
found, the following procedures shall be observed:
(1) A supervisor or above or a [poker shift manager] poker
supervisor shall bring a replacement deck of cards or card from the
card reserve in the pit stand.
(2) (text unchanged)
(3) The pit manager or above or a [poker shift manager] poker
supervisor shall maintain the envelope or container in a secure place
within the pit until collection by a security department employee.
H. (text unchanged)
I. Damaged Cards.
(1) (text unchanged)
(2) If after inspection, the floorperson or above determines that
the card is damaged and needs to be replaced, the floorperson shall
notify the pit manager or above or the [poker shift manager] poker
supervisor.
(3) The pit manager or above or the [poker shift manager] poker supervisor shall:
(a)—(g) (text unchanged)
(4) At least once each gaming day, the replacement decks of
cards shall be collected and placed in an envelope or container and
sealed. A label shall be attached to each envelope or container which
identifies the deck as a replacement deck and signed by the pit
manager or above or the [poker shift manager] poker supervisor.
(5) The pit manager or above or the [poker shift manager] poker supervisor shall maintain the sealed envelopes or containers in
a secure place within the pit until collection by a security department
employee in accordance with §M of this regulation.
(6) (text unchanged)
J. Decks of cards that were used for play shall be put into
envelopes or containers when removed from active use at the table.
(1) (text unchanged)
(2) The [poker shift manager] poker supervisor or pit manager
or above shall maintain the sealed envelopes or containers in a secure
place within the pit until collection by a security department
employee.
K.—M. (text unchanged)
N. When the envelopes or containers of used cards and reserve
cards with broken seals are returned to the security department, the
cards shall be inspected for tampering, marks, alterations, missing or
additional cards, or anything that might indicate unfair play:
(1)—(4) (text unchanged)
(5) Upon completion of the inspection procedures required
under §N(2) of this regulation, each deck of cards used in [Poker] poker that is determined suitable for continued use shall be placed in
sequential order, repackaged and returned to the approved or poker
storage area for subsequent use.
(6)—(9) (text unchanged)
O.—P. (text unchanged)
Q. Reused Deck.
(1) If a deck of plastic cards has been determined to not be
suitable for reuse by the individual performing the inspection
procedures required under subsection §N(3) of this regulation, the
deck shall be placed in a sealed envelope or container with a label
attached which identifies the date and time the deck was placed in the
envelope or container and that shall be signed by the [Poker shift
manager] poker supervisor or floorperson.
(2) (text unchanged)
R. If a facility operator elects to preinspect and preshuffle cards at
a closed gaming table prior to the delivery of the cards to an open
gaming table, a dealer and supervised by a floorperson or above with
no concurrent supervisory responsibility for open gaming tables shall
perform the procedures required under this section.
(1)—(10) (text unchanged)
PROPOSED ACTION ON REGULATIONS 1457
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
(11) The sealed containers of cards shall be transported by:
(a) A pit manager or above or [poker shift manager] poker
supervisor to the gaming pit of the gaming tables where the cards will
be utilized and locked in the pit stand; or
(b) An assistant table games shift manager or above and a
security department employee to the approved storage area or [Poker] poker storage area where the cards shall be placed back into the card
inventory and segregated from cards that have not been preinspected
and preshuffled.
(12)—(15) (text unchanged)
S. (text unchanged)
STEPHEN L. MARTINO
Director
Maryland State Lottery and Gaming Control Agency
Subtitle 05 TABLE GAMES 36.05.03 Table Game Procedures
Authority: State Government Article, §§9-1A-02(b) and 9-1A-04(d),
Annotated Code of Maryland
Notice of Proposed Action [14-347-P]
The Maryland State Lottery and Gaming Control Agency proposes
to amend Regulations .03, .05, and .23 under COMAR 36.05.03 Table Game Procedures. This action was considered at the
Maryland State Lottery and Gaming Control Commission open
meeting held on September 25, 2014, 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 incorporate provisions that better
refine the procedures for table game operations.
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 James B. Butler, Director of Legislative
and Policy Affairs, Maryland Lottery and Gaming Control Agency,
1800 Washington Blvd, Suite 330, Baltimore, MD 21230, or call
(410) 230-8781, or email to [email protected], or fax to (410)
230-8727. Comments will be accepted through December 31, 2014.
A public hearing has not been scheduled.
.03 Procedures for Opening a Table Game. A.—E. (text unchanged)
F. If there is a discrepancy between the amount of gaming chips
and plaques counted and the amount of the gaming chips and plaques
recorded on the duplicate copy of the Table Inventory Slip:
(1) (text unchanged)
(2) In the presence of the floorperson or above [and a security
department employee], the dealer or boxperson assigned to the table
shall recount the table inventory and complete a new Table Inventory
Slip reflecting the results of the dealer’s or boxperson’s recount of
the table inventory;
(3)—(5) (text unchanged)
G.—H. (text unchanged)
.05 Removing a Value Chip, Coin, or Plaque from a Gaming Table.
A.—O. (text unchanged)
P. Signatures on the drop box, acknowledgement and chip bank
copies of a Credit Slip attesting to the accuracy of the information
contained on the Credit Slip shall be required of the specified
employees at the specified times:
(1) The chip bank cashier, upon [preparation] receipt of the
value chips from the table;
(2)—(4) (text unchanged)
Q.—R. (text unchanged)
.23 Table Game Payouts. A.—D. (text unchanged)
E. A facility operator’s internal controls shall include:
(1)—(8) (text unchanged)
(9) Procedures utilized to issue a manual table game payout
document which:
(a)—(c) (text unchanged)
(d) Require manual table game payout books[, wiz
machines,] or their functional equivalent to be maintained in a
secured locked cabinet; and
(e) Require the key to the cabinet in §E(9)(d) of this
regulation to be:
(i) Controlled by the security department or the
[accounting] table games department in a manual key box or an
automated key tracking system; and
(ii) (text unchanged)
STEPHEN L. MARTINO
Director
Maryland State Lottery and Gaming Control Agency
1458
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Errata
COMAR 10.32.06 At 41:20 Md. R. 1165 (October 3, 2014), col. 1, line 16 from the
top:
For: be accepted through November 3, 2013. A public hearing
has not
Read: be accepted through November 3, 2014. A public hearing
has not
[14-24-32]
1459
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Special Documents
MARYLAND DEPARTMENT OF THE ENVIRONMENT
PROPOSED CALENDAR YEAR 2015 STANDARD PERMIT APPLICATION
TURNAROUND TIMES As required by Section 1-607(A)(2) of the Environment Article,
the Maryland Department of the Environment (MDE) is seeking
comment on the proposed standard turnaround times for all types of
permit applications. For further information, please contact Mr.
Andrew Gosden in MDE’s MDEStat Office at 410-537-4158.
Details about the proposed changes and the full list of proposed
turnaround times are available on MDE’s web site,
www.mde.state.md.us.
MDE reviews and adjusts these turnaround times annually to give
permit applicants current information regarding the processing time.
Please note the following important points about these standard
times:
(1) These standards refer to the time between MDE’s receipt of a
complete permit application and MDE’s issuance or denial of
the permit, excluding delays caused by factors beyond MDE’s
control. Many applications are incomplete when they first
arrive at MDE. The appropriate MDE permit writer can
provide guidance on how to ensure that an application is
complete when submitted.
(2) In most permitting programs, each application has unique
characteristics that influence its processing time. For each
program listed, the standard time represents the time in which
90% of applications can be processed. Many applications will
require less time; a few will require more time due to unusual
circumstances.
Paper copies of the proposed times are available on request.
Requests, comments, and questions can be directed to Mr. Andrew
Gosden at [email protected]; by phone at 410-537-4158; via
postal mail to MDE/OS, 1800 Washington Boulevard, Suite 745,
Baltimore, MD 21230-1720; or by fax to 410-537-3888. Comments
will be accepted until December 28, 2014.
[14-24-42]
SUSQUEHANNA RIVER BASIN COMMISSION
Commission Meeting — Correction
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice; correction.
SUMMARY: The Susquehanna River Basin Commission published
a document in the Federal Register of November 10, 2014,
concerning its regular business meeting on December 5, 2014, in
Annapolis, Maryland. The location of the meeting has been changed
and the new location is contained in the Addresses section of this
notice. Also an agenda item has been added to be addressed at the
business meeting and is contained in the Supplementary Information
section of this notice.
DATE: December 5, 2014, at 9:00 a.m.
ADDRESSES: Miller Senate Office Building, President’s Conference
Room, 11 Bladen Street, Annapolis, Md. 21401. (The recommended
parking and transportation option is to park at the Navy-Marine
Corps Memorial Stadium and take the Annapolis Transit Trolley
Shuttle from there — for all available parking options, see
http://www.downtownannapolis.org/_pages/transport/tr_parking.htm.)
FURTHER INFORMATION CONTACT: Jason E. Oyler,
Regulatory Counsel, telephone: (717) 238-0423, ext. 1312; fax:
(717) 238-2436.
SUPPLEMENTARY INFORMATION: The business meeting will
include actions or presentations on the following items:
(1) informational presentation of interest to the Lower Susquehanna
Subbasin area; (2) resolution concerning FY-2016 federal funding of
the Susquehanna Flood Forecast and Warning System and National
Streamflow Information Program; (3) rulemaking action to clarify the
water uses involved in hydrocarbon development that are subject to
the consumptive use regulations, as implemented by the Approval By
Rule program; (4) resolution concerning delegation of authority;
(5) ratification/approval of contracts/grants; (6) regulatory
compliance matters for Lion Brewery, LHP Management, and
Southwestern Energy Company; (7) transfer of approval (Docket No.
20081222) from Sunbury Generation LP to Hummel Station LLC;
(8) Future Power PA, LLC request for waiver of 18 CFR §§806.3 and
806.4; and (9) Regulatory Program projects.
The rulemaking item listed for Commission action was the subject of
a public hearing conducted by the Commission on November 6,
2014, and identified in the notice for such hearing, which was
published in 79 FR 57850, September 26, 2014. Projects listed for
Commission action are those that were the subject of a public hearing
conducted by the Commission on November 6, 2014, and identified
in the notice for such hearing, which was published in 79 FR 61683,
October 14, 2014.
Opportunity to Appear and Comment:
Interested parties are invited to attend the business meeting and
encouraged to review the Commission’s Public Meeting Rules of
Conduct, which are posted on the Commission’s website,
www.srbc.net. As identified in the public hearing notices referenced
above, written comments on the rulemaking item and Regulatory
Program projects that were the subject of public hearings, and are
listed for action at the business meeting, are subject to a comment
deadline of November 17, 2014. Written comments pertaining to any
other matters listed for action at the business meeting may be mailed
to the Susquehanna River Basin Commission, 4423 North Front
Street, Harrisburg, Pennsylvania 17110-1788, or submitted
electronically through
http://www.srbc.net/pubinfo/publicparticipation.htm. Any such
comments mailed or electronically submitted must be received by the
Commission on or before November 26, 2014, to be considered.
AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts
806, 807, and 808.
Dated: November 10, 2014.
STEPHANIE L. RICHARDSON
Secretary to the Commission
[14-24-45]
SPECIAL DOCUMENTS 1460
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
MARYLAND HEALTH CARE COMMISSION Number of Chronic Hospital Beds and Patient Days
and Percent Occupancy, by Facility: Maryland, FY 2013
Jurisdiction/Facility Number of Licensed Beds
Number of Patient Days
Occupancy (%)
Baltimore City UM Rehabilitation & Orthopedic Institute1 52 14,187 75.22% Johns Hopkins Bayview Medical Center2 76 20,970 75.6% Levindale Hebrew Geriatric Center & Hospital 100 33,960 93.04% UM Medical Center Midtown Campus3
80 17,803 62.69%
Prince George’s County Laurel Regional Hospital4
46 7,658 45.61%
SUBTOTAL: Private Chronic Hospitals 354 94,578 73.72% Washington County
Western Maryland Hospital Center5
60 6,016 27.47%
Wicomico County Deer’s Head Hospital Center6
66 3,915 16.25%
SUBTOTAL: State-operated Chronic Hospitals7 126 9,931 21.59% STATEWIDE TOTAL8
480
104,509
59.97%
Sources: Maryland Health Care Commission. The number of licensed chronic hospital beds maintained in the Commission’s inventory is
based on the Commission’s Certificate of Need files and licensing information provided by the Office of Health Care Quality. The number of
FY 2013 patient days for the private chronic hospitals is obtained from the Financial Data Base, as reported by private chronic hospitals to the
Health Services Cost Review Commission (HSCRC), as of October 7, 2014. The number of FY 2013 patient days for the two state-operated
chronic hospitals is obtained from the Hospital Management Information System (HMIS), as maintained by the Maryland Department of Health
and Mental Hygiene.
Notes: The number of beds reflects the number of licensed chronic hospital beds at each facility as of June 30, 2013 (the end of the 2013 fiscal
year reporting period). Occupancy is calculated based on licensed beds.
[14-24-36]
1 University of Maryland Rehabilitation and Orthopedic Institute’s (formerly Kernan Hospital) 52 chronic hospital beds include
16 dually licensed chronic/rehabilitation beds. UM Rehabilitation & Orthopedic Institute added 12 chronic hospital beds; these
beds were relocated from University Specialty Hospital, July 11, 2012. 2 Johns Hopkins Bayview Medical Center’s 20,970 patient days is the combined number of patient days for the separately
licensed 76 special hospital-chronic beds and nine special hospital-rehabilitation beds. 3 University of Maryland Medical Center Midtown Campus (formerly Maryland General Hospital) established an 80-bed chronic
hospital unit. These 80 chronic hospital beds were relocated from University Specialty Hospital (“USH”) on July 11, 2012. 4 Gladys Spellman Specialty Hospital and Nursing Center relocated its 46 licensed chronic hospital beds to Laurel Regional
Hospital, effective June 30, 2011. 5Western Maryland Hospital Center’s occupancy, based on its 30 budgeted chronic hospital beds, would be 54.94 percent.
6 Deer’s Head Hospital Center’s chronic hospital occupancy, based on its 14 budgeted chronic hospital beds, would be 76.61
percent. 7 The occupancy for the two State-operated chronic hospitals, based on the total 44 budgeted chronic hospital beds, would be
61.84 percent. 8 The statewide chronic hospital occupancy based on the 354 licensed beds at the five private facilities plus the 44 budgeted beds
at the two state-operated facilities would be 72.4 percent.
1461
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
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 ARCHITECTS
Subject: Public Meeting
Date and Time: December 15, 2014, 10
a.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Add'l. Info: The Board will take final
action to adopt amendments to COMAR
09.21.02.03 to allow the use of digital
signatures.
Contact: Pamela J. Edwards (410) 230-
6262
[14-24-31]
ATHLETIC COMMISSION
Subject: Public Meeting
Date and Time: December 17, 2014, 2 —
4 p.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Contact: Patrick Pannella (410) 230-6223
[14-24-27]
BOARD OF COSMETOLOGISTS
Subject: Public Meeting
Date and Time: January 5, 2015, 10 a.m.
— 4:30 p.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Contact: Sheryl Leach (410) 230-6195
[14-24-08]
GOVERNOR'S OFFICE OF CRIME
CONTROL AND PREVENTION
Subject: Public Meeting
Date and Time: January 15, 2015, 1 — 3
p.m.
Place: All meetings will be located at the
Howard Co. Police Dept., Main
Headquarters, 3410 Courthouse Dr.,
Ellicott City, MD, unless otherwise
specified in advance.
Add'l. Info: Children’s Justice Act
Committee Meetings
Contact: Jessica Wheeler (410) 821-2824
[14-24-12]
CRIMINAL JUSTICE INFORMATION
ADVISORY BOARD
Subject: Public Meeting
Date and Time: December 15, 2014, 1 —
3 p.m.
Place: Judicial Training Center, 2009-D
Commerce Park Dr., Annapolis, MD
Contact: Robyn Lyles (410) 585-3185
[14-24-23]
OFFICE OF THE DEAF AND HARD OF
HEARING/MARYLAND ADVISORY
COUNCIL ON THE DEAF AND HARD
OF HEARING
Subject: Public Meeting
Date and Time: December 11, 2014, 1:30
— 4:30 p.m.
Place: CSSD, 2606 Rolling Rd., Ste. 301,
Windsor Mill, MD
Contact: Lisa Kornberg (410) 767-6290
[14-24-39]
ELEVATOR SAFETY REVIEW BOARD
Subject: Public Meeting
Date and Time: December 19, 2014, 10
a.m. — 12 p.m.
Place: 500 N. Calvert St., 2nd Fl. Conf.
Rm., Baltimore, MD
Contact: Raquel M. Meyers (410) 230-
6379 [14-24-09]
EMERGENCY MEDICAL SERVICES
BOARD
Subject: Special Test Document
Date and Time: December 9, 2014, 9 —
11 a.m.; part of the meeting may include a
closed session.
Place: 653 W. Pratt Street, Ste. 212,
Baltimore, MD
Add'l. Info: The State Emergency Medical
Services Board (EMS Board) meets
regularly on the 2nd Tuesday of each
month.
Contact: Leandrea Gilliam (410) 706-4449
[14-24-10]
BOARD FOR PROFESSIONAL
ENGINEERS
Subject: Public Meeting
Date and Time: December 11, 2014, 9
a.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Contact: Pamela J. Edwards (410) 230-
6262 [14-24-30]
STATE BOARD OF STATIONARY
ENGINEERS
Subject: Public Meeting
Date and Time: January 20, 2015, 10 a.m.
— 12 a.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Contact: Gae Herzberger (410) 230-6163
[14-24-24]
DEPARTMENT OF THE
ENVIRONMENT/AIR AND
RADIATION MANAGEMENT
ADMINISTRATION
Subject: Public Hearing on Regulations
Date and Time: January 7, 2015, 10 —
10:30 a.m.
Place: 1800 Washington Blvd., 1st Fl.
Conf. Rms., Baltimore, MD
Add'l. Info: The Department of the
Environment will hold a public hearing
concerning the State's intention to submit a
negative declaration for the Environmental
Protection Agency's (EPA) Control
Techniques Guidelines (CTG) for
Automobile and Light-Duty Truck
Assembly Coatings (EPA-453/R-08-006).
As an alternative to adopting a reasonably
available control technologies (RACT)
rule, a state or local agency may adopt a
negative declaration documenting that it
has no stationary sources or emitting
facilities to which the CTG is applicable.
The CTG applies to automobile and light-
duty truck assembly coating operations.
The source category includes the coatings
that are applied to new automobile or new
light-duty truck bodies, or body parts for
new automobiles or new light-duty trucks.
These coatings are applied at automobile or
light-duty truck assembly plants. The large
majority of these coatings are specifically
formulated, marketed and sold for this
purpose. There are no automobile or light-
duty truck assembly facilities in the State
and none are expected in the near future.
The public hearing will be held on January
7, 2015, 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 Randy Mosier,
Chief, Regulations Development Division,
Air and Radiation Management
Administration, Department of the
Environment, 1800 Washington
Boulevard, Suite 730, Baltimore,
Maryland 21230-1720, or emailed to
[email protected]. Comments
must be received not later than January 7,
2015, or be submitted at the hearing.
Copies of the proposed action and
supporting documents are available for
review at the following locations:
• The Department of the Environment's
website at:
GENERAL NOTICES 1462
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
http://www.mde.state.md.us/programs/r
egulations/air/Pages/reqcomments.aspx
• The Air and Radiation Management
Administration; and
• Regional offices of the Department in
Cumberland and Salisbury.
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.
Contact: Carolyn A. Jones (410) 537-4210
[14-24-38]
FIRE PREVENTION COMMISSION
Subject: Public Meeting
Date and Time: December 18, 2014, 9:30
a.m.
Place: Laurel Municipal Center, 8103
Sandy Spring Rd., Council Chambers,
Laurel, MD
Add'l. Info: Portions of the meeting may
be held in closed session. If public schools
in Prince George's County are CLOSED
due to inclement weather, the meeting and
any appeals will be rescheduled.
Contact: Heidi Ritchie (877) 890-0199
[14-24-26]
DEPARTMENT OF HEALTH AND
MENTAL HYGIENE
Subject: Public Meeting
Date and Time: December 9, 2014, 10
a.m. — 1 p.m.
Place: Anne Arundel Co. Dept. of
Recreation and Parks, Kinder
Center/Harvest Hall, 10001 Kinder Farm
Park Rd., Millersville, MD
Contact: Linda Rudie (410) 767-8419
[14-24-35]
DEPARTMENT OF HEALTH AND
MENTAL HYGIENE/OFFICE OF
HEALTH SERVICES
Subject: Public Notice for Free-Standing
Ambulatory Surgical Centers
Add'l. Info: Free-Standing Medicare-
Certified Ambulatory Surgical Centers
For dates of service beginning
December 1, 2014, the Maryland Medical
Assistance reimbursement rates for covered
dental services provided in a free-standing
Medicare-certified ambulatory surgical
center (ASC) are as follows: for covered
dental services that have a reimbursement
amount of $1,000 through $2,999.99, the
ASC facility fee will be $600; for covered
dental services with a reimbursement
amount of $3,000 through $4,999.99, the
ASC facility fee will be $1,250; for
covered dental services with a
reimbursement amount of $5,000 through
$7,999.99, the ASC facility fee will be
$2,500; and for covered dental services
with a reimbursement amount of $8,000
and over, the ASC facility fee will be
$3,000.
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 128E, Baltimore, MD 21201, or
call at 410-767-0579 or email to
Contact: Michael Cimmino (410) 767-
0579
[14-24-40]
DEPARTMENT OF HEALTH AND
MENTAL HYGIENE/OFFICE OF
HEALTH SERVICES
Subject: Maryland Medicaid Dental Fee
Schedule Update
Add'l. Info: Maryland Medicaid Dental
Fee Schedule Update
The Secretary of Health and Mental
Hygiene proposes to amend COMAR
10.09.05.07 in order to increase Medicaid
reimbursement for dental services in
accordance with the State budget
appropriation for Fiscal Year 2015. The
new fee schedule is effective January 1,
2015.
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, Department of Health and Mental
Hygiene, 201 W. Preston St., Rm. 128E,
Baltimore, MD 21201, or fax to 410-333-
5154.
Contact: Michael Cimmino (410) 767-
0579
[14-24-43]
BOARD OF HEATING, VENTILATION,
AIR-CONDITIONING, AND
REFRIGERATION CONTRACTORS
(HVACR)
Subject: Public Meeting
Date and Time: December 10, 2014, 10:30
a.m. — 12 p.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Contact: Robin Bailey (410) 230-6160
[14-24-13]
MARYLAND STATEWIDE
INDEPENDENT LIVING COUNCIL
Subject: Public Meeting
Date and Time: December 19, 2014, 12 —
3 p.m.
Place: Workforce and Technology Center,
2301 Argonne Dr., Rm. T-130, Baltimore,
MD
Add'l. Info: For more information please
call Denise Thomas at (240) 638-0074 or
email [email protected].
Contact: Denise Thomas (240) 638-0074
[14-24-01]
FACILITIES ADVISORY BOARD —
JUVENILE SERVICES
Subject: Public Meeting
Date and Time: December 11, 2014, 4:30
— 6 p.m.
Place: Alfred D. Noyes Center, 9925
Blackwell Rd., Rockville, MD
Add'l. Info: Noyes Center Facility
Advisory Board Meeting
Contact: Antoinette McLeod (301) 315-
1610
[14-24-05]
STATE ADVISORY BOARD FOR
JUVENILE SERVICES
Subject: No Meeting Notice
Date and Time: December 15, 2014, 2 —
4 p.m.
Place: DJS Annapolis Office, 49 Old
Solomons Island Rd., Annapolis, MD
Add'l. Info: This meeting is canceled.
Contact: Tim Gilbert (410) 230-3488
[14-24-14]
STATE ADVISORY BOARD FOR
JUVENILE SERVICES — GIRLS
SERVICES SUBCOMMITTEE
Subject: Public Meeting
Date and Time: December 8, 2014, 1 — 3
p.m.
Place: Dept. of Juvenile Services, 120 W.
Fayette St., 5th Fl., Baltimore, MD
Contact: Tim Gilbert (410) 230-3488
[14-24-33]
MARYLAND STATE LOTTERY AND
GAMING CONTROL COMMISSION
Subject: Public Meeting
Date and Time: December 16, 2014, 10
a.m. — 12 p.m.
Place: Montgomery Park Business Center,
1800 Washington Blvd., Ste. 330,
Baltimore, MD
Contact: Marie A. Torosino (410) 230-
8790
[14-24-37]
GENERAL NOTICES 1463
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
MARYLAND HEALTH CARE
COMMISSION
Subject: Public Meeting
Date and Time: December 18, 2014, 1
p.m.
Place: Maryland Health Care Commission,
4160 Patterson Ave., Conf. Rm. 100,
Baltimore, MD
Contact: Valerie Wooding (410) 764-3460
[14-24-11]
MARYLAND AUTOMOBILE
INSURANCE FUND
Subject: Public Meeting
Date and Time: December 18, 2014, 9
a.m. — 12 p.m.
Place: Gaylord National Resort and
Convention Center, 201 Waterfront St.,
National Harbor, MD
Contact: Susan Leese (410) 269-8626
[14-24-34]
DEPARTMENT OF NATURAL
RESOURCES/FISHERIES SERVICE
Subject: Public Notice
Add'l. Info: Commercial Striped Bass
Common Pool Season Modification
The Secretary of Maryland Department of
Natural Resources, pursuant to COMAR
08.02.15.12H, announces the re-opening of
the 2014 commercial striped bass common
pool hook and line fishery on Tuesday,
November 11, 2014, one hour before
sunrise, with a catch limit of 450
lbs/permittee/week and 900 lbs/vessel/day.
The common pool fishery will close on
Thursday, November 13th, 2014, one hour
before sunset. A re-opening will be
announced by public notice.
Contact: Jacob Holtz (410) 260-8262
[14-24-41]
BOARD OF OCCUPATIONAL
THERAPY PRACTICE
Subject: Public Meeting
Date and Time: December 19, 2014, 8:30
a.m. — 2 p.m.
Place: Spring Grove Hospital Center, 55
Wade Ave., 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
[14-24-02]
BOARD OF PLUMBING
Subject: Public Meeting
Date and Time: December 18, 2014, 10
a.m. — 12:30 p.m.
Place: 500 North Calvert St., Rm. 302,
Baltimore, MD
Contact: Robin Bailey (410) 230-6160
[14-24-18]
BOARD OF PODIATRIC MEDICAL
EXAMINERS
Subject: Public Meeting
Date and Time: December 11, 2014, 1
p.m.
Place: 4201 Patterson Ave., Rm. 110,
Baltimore, MD
Contact: Sheri Henderson (410) 764-4785
[14-24-15]
BOARD OF PODIATRIC MEDICAL
EXAMINERS
Subject: Public Meeting
Date and Time: January 8, 2015, 1 p.m.
Place: 4201 Patterson Ave., Rm. 110,
Baltimore, MD
Contact: Sheri Henderson (410) 764-4785
[14-24-16]
BOARD OF PODIATRIC MEDICAL
EXAMINERS
Subject: Public Meeting
Date and Time: February 12, 2015, 1 p.m.
Place: 4201 Patterson Ave., Rm. 110,
Baltimore, MD
Contact: Sheri Henderson (410) 764-4785
[14-24-17]
STATE ADVISORY COUNCIL ON
QUALITY CARE AT THE END OF
LIFE
Subject: Public Meeting
Date and Time: January 16, 2015, 10 a.m.
— 12 p.m.
Place: Department of Aging, 301 W.
Preston St., Rm. 1007, Baltimore, MD
Contact: Paul Ballard (410) 767-6918
[14-24-25]
RACING COMMISSION
Subject: Public Meeting
Date and Time: December 16, 2014, 12:30
— 1 p.m.
Place: Laurel Park, Laurel, MD
Contact: J. Michael Hopkins (410) 296-
2682
[14-24-06]
REAL ESTATE COMMISSION
Subject: Public Meeting
Date and Time: December 17, 2014, 10:30
a.m.
Place: Dept. of Labor, Licensing, and
Regulation, 500 N. Calvert St., 3rd Fl.,
Baltimore, MD
Contact: Charlene Faison (410) 230-6199
[14-24-19]
REAL ESTATE COMMISSION
Subject: Public Hearing
Date and Time: December 17, 2014, 12:30
p.m.
Place: Dept. of Labor, Licensing, and
Regulation, 500 N. Calvert St., 3rd Fl.,
Baltimore, MD
Contact: Charlene Faison (410) 230-6199
[14-24-20]
BOARD OF REVENUE ESTIMATES
Subject: Public Meeting
Date and Time: December 15, 2014, 3 —
4 p.m.
Place: Louis L. Goldstein Treasury Bldg.,
Comptroller of Maryland, Annapolis, MD
Add'l. Info: Board of Revenue Estimates
Board Report Meeting
Contact: Kynara Fogan (410) 260-7450
[14-24-44]
NORTHEAST MARYLAND WASTE
DISPOSAL AUTHORITY
Subject: Public Meetings Notice Procedure
Add'l. Info: The Authority gives notice of
meetings by posting a notice on its website
under the section entitled "Press
Releases/Notices" and at the entrance of its
offices. Notice is hereby given that the
Authority's website address is nmwda.org;
its offices are located at Tower II, Suite
402, 100 S. Charles Street, Baltimore,
Maryland 21201. Notice is also hereby
given that portions of Authority meetings
may be held in closed session.
Contact: M. Catherine Coble (410) 333-
2730
[14-24-28]
BOARD OF WATERWORKS AND
WASTE SYSTEMS OPERATORS
Subject: Public Meeting
Date and Time: January 15, 2015, 10 a.m.
— 4 p.m.
Place: Howard Co. Bureau of Utilities,
8270 Old Montgomery Rd., Columbia, MD
Add'l. Info: A portion of this meeting may
be held in closed session.
Contact: Pat Kratochvil (410) 537-3167
[14-24-29]
Updated on 9-5-2014
COMAR IN PDF — ORDER FORM Titles Agency Name Price1 Subscription2 Quantity Total
Complete set of COMAR PDF format $1,000 $500 _____ _____
Title 01 Executive Department $35 $24 _____ _____
Title 02 Office of the Attorney General $22 $13 _____ _____
Title 03 Comptroller of the Treasury $30 $20 _____ _____
Title 04 General Services $16 $10 _____ _____
Title 05 Housing and Community Development $78 $50 _____ _____
Title 07 Human Resources $80 $53 _____ _____
Title 08 Natural Resources $78 $51 _____ _____
Title 09 Labor, Licensing and Regulation $89 $60 _____ _____
Title 10 Health & Mental Hygiene (All parts) ** $272 $180 _____ _____
Title 10 Part 1 ** $48 $32 _____ _____
Title 10 Part 2 ** $75 $50 _____ _____
Title 10 Part 3 ** $75 $50 _____ _____
Title 10 Part 4 ** $50 $35 _____ _____
Title 10 Part 5 ** $69 $50 _____ _____
Title 11 Transportation (All parts) ** $106 $75 _____ _____
Title 11 Part 1 (Transportation) ** $42 $25 _____ _____
Title 11 Parts 2 & 3 (MVA)** $74 $50 _____ _____
Title 12 Public Safety and Correctional Services $67 $43 _____ _____
Title 13A Board of Education $63 $42 _____ _____
Title 13B Higher Education Commission $25 $15 _____ _____
Title 14 Independent Agencies $80 $53 _____ _____
Title 15 Agriculture $48 $30 _____ _____
Title 16 Juvenile Service $23 $15 _____ _____
Title 17 Budget and Management $28 $16 _____ _____
Title 18 Assessments and Taxation $20 $12 _____ _____
Title 19A State Ethics Commission $24 $14 _____ _____
Title 20 Public Service Commission $49 $32 _____ _____
Title 21 State Procurement Regulations $48 $30 _____ _____
Title 22 State Retirement and Pension System $22 $13 _____ _____
Title 23 Board of Public Works $18 $11 _____ _____
Title 24 Business and Economic Development $34 $20 _____ _____
Title 25 State Treasurer $16 $9 _____ _____
Title 26 Environment (All parts) ** $189 $125 _____ _____
Title 26 Part 1 ** $54 $35 _____ _____
Title 26 Part 2 ** $83 $52 _____ _____
Title 26 Part 3 ** $57 $38 _____ _____
Title 26 Part 4 ** $37 $24 _____ _____
Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $18 $10 _____ _____
Title 28 Office of Administrative Hearings $16 $9 _____ _____
Title 29 State Police $30 $18 _____ _____
Title 30 MD Institute for Emergency Medical Services Systems $25 $17 _____ _____
Title 31 Maryland Insurance Administration $68 $45 _____ _____
Title 32 Aging $25 $15 _____ _____
Title 33 State Board of Elections $42 $25 _____ _____
Title 34 Planning $31 $18 _____ _____
Title 35 Veterans Affairs $16 $9 _____ _____
Title 36 Maryland State Lottery and Gaming Control Agency - Pending $48 $30 _____ _____
Individual Binders (COMAR PDF’s binders not included) $15 S & H $9.00 _____ _____
Total: _____
Prices are for single user license only ~ Multi-user licenses are available. Please call 410-260-3876 for pricing information. 1 Price is per copy of each Title
2 Annual Subscription (optional) - Receive updated information quarterly. ~ If ordered, subscription quantities MUST match Title
quantities.
** See the following pages for description of contents
Updated on 9-5-2014
COMAR IN PRINT — ORDER FORM (8 ½ x 11 format) Titles Agency Name Price1 Subscription2 Quantity Total
Complete set of COMAR (includes binders) $1,425 $700 _____ _____
Title 01 Executive Department $47 $30 _____ _____
Title 02 Office of the Attorney General $31 $20 _____ _____
Title 03 Comptroller of the Treasury $41 $25 _____ _____
Title 04 General Services $23 $12 _____ _____
Title 05 Housing and Community Development $103 $70 _____ _____
Title 07 Human Resources $104 $70 _____ _____
Title 08 Natural Resources $102 $70 _____ _____
Title 09 Labor, Licensing and Regulation $116 $75 _____ _____
Title 10 Health & Mental Hygiene (All Parts)** $350 $230 _____ _____
Title 10 Part 1 ** $65 $40 _____ _____
Title 10 Part 2 ** $99 $70 _____ _____
Title 10 Part 3 ** $99 $70 _____ _____
Title 10 Part 4 ** $69 $42 _____ _____
Title 10 Part 5 ** $91 $62 _____ _____
Title 11 Transportation (All parts) ** $137 $85 _____ _____
Title 11 Part 1 (Transportation)** $55 $35 _____ _____
Title 11 Parts 2 & 3 (MVA) ** $102 $70 _____ _____
Title 12 Public Safety and Correctional Services $86 $55 _____ _____
Title 13A Board of Education $83 $60 _____ _____
Title 13B Higher Education Commission $34 $20 _____ _____
Title 14 Independent Agencies $103 $70 _____ _____
Title 15 Agriculture $63 $40 _____ _____
Title 16 Juvenile Service $32 $20 _____ _____
Title 17 Budget and Management $38 $25 _____ _____
Title 18 Assessments and Taxation $28 $18 _____ _____
Title 19A State Ethics Commission $33 $20 _____ _____
Title 20 Public Service Commission $64 $42 _____ _____
Title 21 State Procurement Regulations $65 $42 _____ _____
Title 22 State Retirement and Pension System $33 $18 _____ _____
Title 23 Board of Public Works $26 $15 _____ _____
Title 24 Business and Economic Development $47 $25 _____ _____
Title 25 State Treasurer $23 $12 _____ _____
Title 26 Environment (All parts) ** $241 $160 _____ _____
Title 26 Part 1 ** $72 $42 _____ _____
Title 26 Part 2 ** $109 $72 _____ _____
Title 26 Part 3 ** $76 $50 _____ _____
Title 26 Part 4 ** $51 $30 _____ _____
Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $26 $15 _____ _____
Title 28 Office of Administrative Hearings $23 $12 _____ _____
Title 29 State Police $40 $22 _____ _____
Title 30 MD Institute for Emergency Medical Services Systems $34 $20 _____ _____
Title 31 Maryland Insurance Administration $90 $62 _____ _____
Title 32 Aging $34 $18 _____ _____
Title 33 State Board of Elections $57 $35 _____ _____
Title 34 Planning $42 $25 _____ _____
Title 35 Veterans Affairs $23 $12 _____ _____
Title 36 Maryland State Lottery and Gaming Control Agency - Pending $65 $43 _____ _____
Binders $15 S & H $9.00 _____ _____
Shipping & Handling Total: _________ Order Total: _____ 1 Price is per copy of each Title Binder included with purchase of Title
2 Annual Subscription (optional) - Receive updated information bi-annually ~ If ordered, subscription quantities MUST match Title quantities.
** See the following pages for description of contents
Note: COMAR prices are subject to change. Check
the date on the lower right hand corner of this form.
If the form is more than two months old, call the
COMAR Subscription Manager (410-260-3876) to
confirm prices. Fees are not refundable.
Shipping/Handling Publication Total Shipping
$ 0-50 $15
$ 51-150 $20
$ 151-300 $25
$ 301-400 $35
$400 + please call Subscription Department.
State agencies using courier, may omit S&H
Updated on 9-5-2014
COMAR ORDER INFORMATION SHEET
Date ____________________________ Subscriber I.D. _____________________________
Name________________________________________________________________________
Company_____________________________________________________________________
Address______________________________________________________________________
City______________________________State____________Zip_________________________
Tel.___________________________________ Fax___________________________________
Email: _______________________________________________________________________
_______ Check enclosed, made payable to “Division of State Documents”
_______ Visa/Master Card/American Express/Discover card payment:
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Signature ________________________________________Tel:_____________________________
Return form & payment to: Office of the Secretary of State, Division of State Documents ~
State House ~ Annapolis, MD 21401 ~ Tel: 410-260-3876 ~ 800-633-9657 ext. 3876 ~ Fax: 410-280-5647
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
SPECIAL PUBLICATIONS Publication / Handbook Print
Price S & H Quantity Total
Control of Ionizing Radiation (including supplements up to 24) $163 $12 _____ _____
Control of Ionizing Radiation Supplement 23 ONLY $17 $0 _____ _____
Control of Ionizing Radiation Supplement 24 ONLY $15 $0 _____ _____
Forest Conservation Law $20 $9 _____ _____
Forest Conservation Technical Manual 3rd
Edition, 1997 $25 $9 _____ _____
Preventive Maintenance Handbook (PM Handbook) (grey cover) $15 $5 _____ _____
Vehicle Inspection Handbook (Feb 2012) $48 $9 _____ _____
Total _____
If more than one quantity, shipping charges may vary, please call 410-260-3876 for pricing information.
SUPPLEMENT UPDATE SCHEDULES PDF QUARTERLY UPDATES PRINT SEMI-ANNUAL UPDATES
After March 30th After June 30
th
After June 30th After December 31
st
After September 30th
After December 31st
PDF – A replacement title(s) in its entirety will be sent in electronic format.
PRINT – Entire chapters affected will be sent for replacement and insertion into COMAR title book(s).
Maryland Register Archive Order Form
The Division of State Documents has created pdf files of all the Maryland Register issues since 1974. The issues from 1974—2003 are scanned images in pdf format of the actual Register and, as such, are not searchable, while the issues beginning with 2004 are searchable text in pdf format.
Single issues of the Maryland Register from 1974—present
_____ $10 Per issue of the Register from 1974—present via emailed pdf file. Please specify Issue(s): _______________________________________ _____ $15 Per issue of the Maryland Register from 1974—present via mailed hard-copy Please specify Issue(s): _______________________________________ An archival library of all Maryland Register issues from 1974—2013: _____ $375 2 DVDs (1974 — 2013) _____ $50 One year of the Maryland Register from 1974—2003 (unsearchable):
Please specify Year(s): ______________________________ _____ $100 A single year of issues from 2004 forward will be available in January of the
year following their publication. These will be searchable, on CD. Please specify: 2004 2005 2006 2007 2008 2009 2010 2011 2012
Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).
By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.
Please order by faxing the completed form to: Fax: 410-280-5647
By mailing it to: Division of State Documents State House Annapolis, MD 21401 By email to:
[email protected] By calling: 410-260-3876
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Business/Firm: ___________________________________________
Name: __________________________________________________
Billing Address: __________________________________________
_______________________________________________________
City, State, Zip ___________________________________________
Tel: _______________________Fax:_________________________
Recipient’s Email:_________________________________________
1/2014
(Please circle payment choice and complete the order form)
Money Order or Check # ____________ Amount: $___________ or
VISA, MasterCard, American Express, Discover ~ Amount: $______________
Card # ______________________________________________________ Card Exp. Date: ____________
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Date: ________________________ Subscriber Id.# ______________
2013
Maryland Register
Print and E-Version Order Form
The Maryland Register is a biweekly publication containing proposed, emergency, and final
administrative regulations as well as other State government information. The Register serves as
the temporary supplement to the Code of Maryland Regulations (COMAR). 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.
See separate Order Form for the Maryland Register Archive Issues from 1974 — 2013.
_____ $225 A single year of print 1st Class Mail Delivery.
_____ $190 A single-user annual eSubscription, which would provide a searchable pdf text
file of each issue, emailed directly to one recipient’s email address.
_____ $130 Per additional user, per account subscription. Call 410-260-3876 for details.
Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).
By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.
Please order by faxing the
completed form to:
Fax: 410-280-5647
By mailing it to:
Division of State Documents
State House
Annapolis, MD 21401
By email to:
By calling: 410-260-3876
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Business/Firm: ___________________________________________
Name: __________________________________________________
Billing Address: __________________________________________
_______________________________________________________
City, State, Zip ___________________________________________
Tel: _______________________Fax:_________________________
Recipient’s Email:_________________________________________
Last updated on 1/2013
(Please circle payment choice and complete the order form)
Money Order or Check # ____________ Amount: $___________ or
VISA, MasterCard, American Express, Discover ~ Amount: $______________
Card # ______________________________________________________ Card Exp. Date: ____________
Signature: __________________________________________ Phone: _______________________
Date: ________________________
Subscriber Id.# ______________
Fees are not refundable.
Date: ______________
DHMH Pamphlets ORDER FORM Name: _________________________________________________________________________________
Firm Name: _____________________________________________________________________________
Address: __________________________________________________ P. O. Box: __________________
City: _____________________________________ State: ________ Zip Code: ___________________
Phone: ____________________________________ Fax: ________________________________________
Email: _________________________________________________________________________________
Codification # Pamphlet Title Price / # COMAR 10.05 Freestanding Ambulatory Care Facilities — August 2013 ...................................... * $10 × ____
COMAR 10.07.01 Acute General Hospitals and Special Hospitals — Nov 2014 .................................... $10 × ____
COMAR 10.07.02 Comprehensive Care Facilities and Extended Care Facilities — May 2014 ............... $15 × ____
COMAR 10.07.03 Nursing Staff Agencies — Feb 2008 ........................................................................... $ 9 × ____
COMAR 10.07.05 Residential Service Agencies — June 2014 ................................................................ $11 × ____
COMAR 10.07.06 Hospital Patient Safety Program — Apr 2004 ............................................................ $ 8 × ____
COMAR 10.07.07 Nursing Referral Service Agencies — Dec 2006 ........................................................ $ 8 × ____
COMAR 10.07.09 Residents’ Bill of Rights: Comprehensive Care Facilities
and Extended Care Facilities — Mar 2010 ........................................................... $ 9 × ____
COMAR 10.07.10 Home Health Agencies — Aug 2002 .......................................................................... $ 8 × ____
COMAR 10.07.11 Health Maintenance Organizations — Aug 2010 ........................................................ $10 × ____
COMAR 10.07.14 Assisted Living Programs — August 2013 ................................................................. $15 × ____
COMAR 10.07.21 Hospice Care Programs — Sep 1998 .......................................................................... $ 9 × ____
COMAR 10.10 Laboratory Regulations — June 2013 ......................................................................... $15 × ____
COMAR 10.12.04 Day Care for the Elderly and Adults with a Medical Disability — Jan 2014 ............. $ 9 × ____
COMAR 10.15.03 Food Service Facilities — May 2014 .......................................................................... $15 × ____
COMAR 10.21 Mental Hygiene Regulations — May 2014 ................................................................. $27 × ____
COMAR 10.22 Developmental Disabilities — May 2014 ................................................................... $20 × ____
COMAR 10.47 Alcohol And Drug Abuse Administration — May 2014 ............................................ $15 × ____
COMAR 10.51 Forensic Laboratories — May 2014 ............................................................................ $15 × ____
TOTAL: $__________
_______________________________________________________________________________________________
Payment Method, _____ Check enclosed, made payable to: “The Division of State Documents”
Choose/Check one: _____ VISA / Master Card / American Express / Discover card payment:
Acct.# _______________________________________________________ Exp. Date: _____________
Signature: ______________________________________________ Tel: _________________________
Return form and payment to: Office of the Secretary of State
Division of State Documents ~ State House ~ Annapolis, MD 21401
Tel: 410-260-3876 ~ 800-633-9657 ~ Fax: 410-280-5647
Note: COMAR prices change frequently. Check the date
on the lower right hand corner of this form. If the form is
more than 2 months old, call the Subscription Manager
(410-260-3876) to confirm prices.
11/2014
* Price of pamphlets includes shipping.