Capitol Building Maryland Register

Issue Date:  September 23, 2022

Volume 49 •  Issue 20  • Pages 903 —932

IN THIS ISSUE

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before September 2, 2022 5 p.m.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 September 2, 2022.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

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 http://www.dsd.state.md.us/PDF/CumulativeTable.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.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior 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.


 


Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register .....................................................................  906

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  907

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources .....................................  914

09        Maryland Department of Labor .................................  909, 915

10        Maryland Department of Health ........................................  916

11        Department of Transportation ............................................  918

12        Department of Public Safety and Correctional Services .....  919

15        Maryland Department of Agriculture ................................  920

18        Department of Assessments and Taxation ........................  922

26        Department of the Environment ................................  910, 923

30        Maryland Institute for Emergency Medical Services
Systems (MIEMSS) .......................................................  913

36        Maryland State Lottery and Gaming Control
               Agency ............................................................................  912

 

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.

 

Emergency Action on Regulations

09  MARYLAND DEPARTMENT OF LABOR

UNEMPLOYMENT INSURANCE

Reconsideration of Unemployment Insurance Overpayment
   Recovery and Waiver Request  909

Procedures for Initial Determination of Unemployment
   Insurance Overpayments and for Appeals of Overpayment
   Determinations .  909

26  DEPARTMENT OF THE ENVIRONMENT

REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL,
   AND SOLID WASTE

On-Site Wastewater Property Transfer Inspection
   License .  910

36  MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

SPORTS WAGERING APPLICATION REVIEW
   COMMISSION

General Provisions .  912

All Applicants and Awardees ..................................................  912

 

Final Action on Regulations

30  MARYLAND INSTITUTE FOR EMERGENCY
   MEDICAL SERVICES SYSTEMS (MIEMSS)

DESIGNATION OF TRAUMA AND SPECIALTY
   REFERRAL CENTERS

General Provisions .  913

Perinatal and Neonatal Referral Center Standards .  913

 


Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Gear  914

09  MARYLAND DEPARTMENT OF LABOR

BOARD FOR PROFESSIONAL LAND SURVEYORS

Minimum Standards of Practice .  915

10  MARYLAND DEPARTMENT OF HEALTH

MARYLAND HEALTH CARE COMMISSION

State Recognition of an Electronic Advance Directives
   Service .  916

11 DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION—VEHICLE
   INSPECTIONS

Notice of Change to Estimate of Economic Impact and
   Opportunity for Public Comment .........................................  918

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

CORRECTIONAL TRAINING COMMISSION

General Regulations .  919

15  MARYLAND DEPARTMENT OF AGRICULTURE

BOARD OF VETERINARY MEDICAL EXAMINERS

Continuing Education Requirements .  920

Continuing Education Requirements for Registered
   Veterinary Technicians .  921

18  DEPARTMENT OF ASSESSMENTS AND TAXATION

HOMEOWNER PROTECTION PROGRAM

General  922

26  DEPARTMENT OF THE ENVIRONMENT

REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL,
   SOLID WASTE, AND RECYCLABLE MATERIALS

Food Residuals—Organics Recycling and Waste
   Diversion .  923

AIR QUALITY

Control of Agriculturally Related Installations .  927

Mobile Sources .  927

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0011 .  929

Water Quality Certification 22-WQC-0027EX ..  929

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Proposed Additions to Handgun Roster and Notice of Right
   to Object or Petition
.  930

 

General Notices

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting .........................................................................  932

FIRE PREVENTION COMMISSION

Public Meeting .  932

MARYLAND DEPARTMENT OF HEALTH

Public Meeting .  932

MARYLAND VETERANS COMMISSION

Public Meeting .  932

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .  932


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.dsd.state.md.us, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 


CLOSING DATES AND ISSUE DATES THROUGH
JANUARY 2023

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2022

October 7

September 19

September 26

September 28

October 21

October 3

October 7**

October 12

November 4

October 17

October 24

October 26

November 18

October 31

November 7

November 9

December 2

November 14

November 21

November 23

December 16

November 28

December 5

December 7

December 30

December 12

December 19

December 21

2023

January 13

December 23**

December 30**

January 4

January 27

January 9

January 13**

January 18

 

   Please note that this table is provided for planning purposes and that the Division of State Documents (DSD) cannot guarantee submissions will be published in an agency’s desired issue. Although DSD strives to publish according to the schedule above, there may be times when workload pressures prevent adherence to it.

*   Also note that proposal deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. The due date for documents containing 8 to 18 pages is 48 hours before the date listed; the due date for documents exceeding 18 pages is 1 week before the date listed.

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes.

***    Note issue date changes.

The regular closing date for Proposals and Emergencies is Monday.

 



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

 

01.02.08.01,.02,.07,.11 • 49:19 Md. R. 869 (9-9-22)

 

07 DEPARTMENT OF HUMAN SERVICES

 

07.02.01.10 • 49:9 Md. R. 532 (4-22-22)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.13 • 49:18 Md. R. 821 (8-26-22)

08.02.04.11 • 49:15 Md. R. 742 (7-15-22)

                      49:18 Md. R. 855 (8-26-22) (err)

08.02.13.06 • 49:17 Md. R. 792 (8-12-22)

08.02.25.06 • 49:20 Md. R. 914 (9-23-22)

08.07.03.03 • 49:16 Md. R. 759 (7-29-22)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.03.12.01—.10,.13,.14 • 49:2 Md. R. 81 (1-14-22)

09.12.60.01—.16 • 49:17 Md. R. 793 (8-12-22)

09.12.61.01—.08 • 49:17 Md. R. 793 (8-12-22) (ibr)

09.12.62.01—.20 • 49:17 Md. R. 793 (8-12-22)

09.12.65.01,.02 • 49:17 Md. R. 793 (8-12-22)

09.12.66.01,.03,.10 • 49:17 Md. R. 793 (8-12-22)

09.13.06.02,.04,.05 • 49:20 Md. R. 915 (9-23-22)

09.32.07.02—.04,.08 • 49:17 Md. R. 798 (8-12-22)

09.32.12.01—.05 • 49:17 Md. R. 798 (8-12-22)

09.37.04.01—.08 • 49:17 Md. R. 800 (8-12-22)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitle 09 (2nd volume)

 

10.09.07.08 • 49:16 Md. R. 760 (7-29-22)

10.09.10.07,.08,.19,.21,.22 • 49:16 Md. R. 761 (7-29-22)

10.09.28.01—.06 • 49:19 Md. R. 870 (9-9-22)

10.09.34.01—.04,.06 • 49:19 Md. R. 874 (9-9-22)

10.09.41.04,.07 • 49:16 Md. R. 762 (7-29-22)

10.09.53.07 • 49:16 Md. R. 763 (7-29-22)

10.09.69.14,.17 • 49:16 Md. R. 764 (7-29-22)

10.09.80.01,.03,.05,.06,.08 • 49:16 Md. R. 765 (7-29-22)

10.09.90.07 • 49:10 Md. R. 568 (5-6-22)

 

     Subtitles 10—22 (3rd volume)

 

10.21.01.04,.08 • 49:17 Md. R. 801 (8-12-22)

 

     Subtitles 23—36 (4th volume)

 

10.25.17.01—.05 • 49:19 Md. R. 876 (9-9-22)

10.25.19.02—.04,.07,.08 • 49:20 Md. R. 916 (9-23-22)

10.27.27.01,.04 • 48:22 Md. R. 948 (10-22-21)

10.32.01.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.10 • 49:16 Md. R. 769 (7-29-22)

 

     Subtitles 37—52 (5th volume)

 

10.37.10.26 • 49:18 Md. R. 822 (8-26-22)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 11—23 (MVA)

 

11.11.05.04 • 49:18 Md. R. 829 (8-26-22)

11.12.01.01 • 49:18 Md. R. 830 (8-26-22)

11.14 • 49:20 Md. R. 918 (9-23-22) (corr)

11.14.08.01—.20 • 49:19 Md. R. 787 (9-9-22)

11.15.39.01—.05 • 49:18 Md. R. 829 (8-26-22)

11.16.02.03 • 49:18 Md. R. 831 (8-26-22)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.10.01.22 • 49:20 Md. R. 919 (9-23-22)

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.02,.04,.06,.07,.09,.09-1 • 49:9 Md. R. 533 (4-22-22)

13A.07.06.01—.15 • 49:1 Md. R. 39 (1-3-22) (ibr)

13A.07.14.03 • 48:25 Md. R. 1091 (12-3-21) (err)

13A.12.01.01—.14 • 49:2 Md. R. 92 (1-14-22)

13A.12.02.01—.29 • 49:2 Md. R. 92 (1-14-22)

13A.12.03.01—.12 • 49:2 Md. R. 92 (1-14-22)

13A.12.04.01—.16 • 49:2 Md. R. 92 (1-14-22)

13A.12.05.01—.15 • 49:2 Md. R. 92 (1-14-22)

13A.12.06.01—.09 • 49:2 Md. R. 92 (1-14-22)

13A.12.07.01—.08 • 49:2 Md. R. 92 (1-14-22)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.08.01.02 • 49:16 Md. R. 772 (7-29-22)

13B.08.13.03 • 49:17 Md. R. 802 (8-12-22)

13B.08.14.02,.06,.07 • 49:17 Md. R. 803 (8-12-22)

 

14 INDEPENDENT AGENCIES

 

14.04.09.01—.04 • 49:9 Md. R. 536 (4-22-22)

14.22.01.02,.07,.09 • 49:19 Md. R. 885 (9-9-22)

14.22.02.02 • 49:19 Md. R. 885 (9-9-22)

14.35.19.04 • 49:18 Md. R. 831 (8-26-22)

14.39.02.05 • 49:15 Md. R. 743 (7-15-22)

14.39.07.01—.17 • 49:19 Md. R. 887 (9-9-22)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.03.01.02 • 49:18 Md. R. 832 (8-26-22) (ibr)

15.03.02.01 • 49:18 Md. R. 832 (8-26-22) (ibr)

15.14.10.02,.05 • 49:20 Md. R. 920 (9-23-22)

15.14.16.02—.04 • 49:20 Md. R. 921 (9-23-22)

15.20.07.02 • 49:17 Md. R. 804 (8-12-22) (ibr)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.11.04 • 49:18 Md. R. 833 (8-26-22)

17.04.13.04 • 49:18 Md. R. 833 (8-26-22)

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.03.01.02 • 49:18 Md. R. 835 (8-26-22)

18.03.02.01 • 49:19 Md. R. 891 (9-9-22)

18.03.06.02 • 49:19 Md. R. 892 (9-9-22)

18.04.02.04 • 49:19 Md. R. 892 (9-9-22)

18.04.05.02 • 49:19 Md. R. 893 (9-9-22)

18.04.06.01 • 49:19 Md. R. 893 (9-9-22)

18.04.07.02 • 49:19 Md. R. 893 (9-9-22)

18.04.08.02,.03,.06,.07 • 49:19 Md. R. 894 (9-9-22)

18.04.10.05 • 49:19 Md. R. 895 (9-9-22)

18.11.01.01—.05 • 49:19 Md. R. 895 (9-9-22)

18.18.01.01—.06 • 49:20 Md. R. 922 (9-23-22)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.03.01.01—.12 • 49:18 Md. R. 836 (8-26-22)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 01—07 (Part 1)

 

26.04.13.01—.05 • 49:20 Md. R. 923 (9-23-22)

 

     Subtitles 08—12 (Part 2)

 

26.08.02.02-1,.03-2,.03-3,.04,.04-1,.04-2,.04-3,.07,
     .08
• 49:6 Md. R. 415 (3-11-22) (ibr)

26.11.18.05 • 49:20 Md. R. 927 (9-23-22)

26.11.20.02 • 49:20 Md. R. 927 (9-23-22)

26.12.01.01 • 49:17 Md. R. 805 (8-12-22) (ibr)

 

29 DEPARTMENT OF STATE POLICE

 

29.01.02.02 • 48:19 Md. R. 828 (9-10-21)

29.04.02 • 49:11 Md. R. 617 (5-20-22) (err)

29.04.02.01—.13 • 49:10 Md. R. 584 (5-6-22)

29.06.01.02,.06—.09 • 49:10 Md. R. 588 (5-6-22) (ibr)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 49:19 Md. R. 896 (9-9-22) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.01.02.01,.03,.05 • 49:16 Md. R. 772 (7-29-22)

31.10.49.01 • 48:26 Md. R. 1156 (12-17-21)

31.10.50.01—.05 • 48:26 Md. R. 1156 (12-17-21)

 

33 STATE BOARD OF ELECTIONS

 

33.01.07.01—.06 • 49:9 Md. R. 537 (4-22-22)

33.07.04.02 • 49:18 Md. R. 838 (8-26-22)

33.11.03.06 • 49:18 Md. R. 838 (8-26-22)

33.11.05.04 • 49:18 Md. R. 839 (8-26-22)

33.14.01.02—.04 • 49:18 Md. R. 839 (8-26-22)

33.14.02.01—.13 • 49:18 Md. R. 839 (8-26-22)

33.14.03.01—.03,.06,.07 • 49:18 Md. R. 839 (8-26-22)

33.14.04.03—.06 • 49:18 Md. R. 839 (8-26-22)

33.14.05.01,.02 • 49:18 Md. R. 839 (8-26-22)

33.15.03.03—.04,.07 • 49:18 Md. R. 846 (8-26-22)

33.16.06.04 • 49:18 Md. R. 839 (8-26-22)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.10.07,.27,.37 • 49:16 Md. R. 773 (7-29-22)

36.04.01.11 • 49:16 Md. R. 773 (7-29-22)

36.10.05.04 • 49:16 Md. R. 773 (7-29-22)

36.10.13.06 • 49:16 Md. R. 773 (7-29-22)

36.11.01.01,.02 • 49:18 Md. R. 846 (8-26-22)

36.11.02.01—.19 • 49:18 Md. R. 846 (8-26-22)

 


Emergency Action on Regulations

Symbol Key

   Roman type indicates text existing before emergency status was granted.

   Italic type indicates new text.

   [Single brackets] indicate deleted text.

 

Emergency Regulations

Under State Government Article, §10-111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative, Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the regulations become effective immediately, or at a later time specified by the Committee. After the Committee has granted emergency status, the regulations are published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or more conditions, including a time limit. During the time the emergency status is in effect, the agency may adopt the regulations through the usual promulgation process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergency regulations ends. When emergency status expires, the text of the regulations reverts to its original language.

 


Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 32 UNEMPLOYMENT INSURANCE

09.32.07 Reconsideration of Unemployment Insurance Overpayment Recovery and Waiver Request

Authority: Labor and Employment Article, §§8-305 and 8-309, Annotated Code of Maryland

Notice of Emergency Action

[22-130-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .02—.04 and .08 under COMAR 09.32.07 Reconsideration of Unemployment Insurance Overpayment Recovery and Waiver Request.

Emergency status began: August 17, 2022.

Emergency status expires: November 22, 2022.

 

     Editor’s Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 49:17 Md. R. 798 (August 12, 2022), referenced as [22-130-P].

TIFFANY P. ROBINSON
Secretary of Labor

 


Subtitle 32 UNEMPLOYMENT INSURANCE

09.32.12 Procedures for Initial Determination of Unemployment Insurance Overpayments and for Appeals of Overpayment Determinations

Authority: Labor and Employment Article, §§8-305 and 8-809, Annotated Code of Maryland

Notice of Emergency Action

[22-131-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to new Regulations .01—.05 under a new chapter, COMAR 09.32.12 Procedures for Initial Determination of Unemployment Insurance Overpayments and for Appeals of Overpayment Determinations.

Emergency status began: August 17, 2022.

Emergency status expires: November 22, 2022.

 

     Editor’s Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 49:17 Md. R. 798—800 (August 12, 2022), referenced as [22-131-P].

TIFFANY P. ROBINSON
Secretary of Labor

 


Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE

26.04.12 On-Site Wastewater Property Transfer Inspection License

Authority: Environment Article, §9-217.2, Annotated Code of Maryland

Notice of Emergency Action

[22-182-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to new Regulations .01—.07 under a new chapter, COMAR 26.04.12 On-Site Wastewater Property Transfer Inspection License.

Emergency status began: August 24, 2022.

Emergency status expires: February 20, 2023.

Comparison to Federal Standards

There is no corresponding federal standard to this emergency action.

Estimate of Economic Impact

I. Summary of Economic Impact. There will be a slight economic impact to individuals who inspect on-site disposal systems (OSDS) because the regulations will provide for a licensure requirement after July 1, 2022. The fee to obtain a license will be $150 every 2 years. Individuals who are not licensed will not be allowed to inspect properties with OSDS and will be required by the regulations to obtain certified training to conduct their business.

 

 

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:

NONE

E. On other industries or trade groups:

 

Individuals who inspect OSDS

(-)

$150 every 2 years

F. Direct and indirect effects on public:

Public benefit

(+)

Greater Assurance

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

E. In order to conduct an inspection, an individual must first obtain an on-site wastewater property transfer inspection license from MDE. The cost to obtain the license will be set at $150 every two years. The individual will be required to apply for training and pass a test to be certified. In 2022, there are approximately 1200 individuals conducting OSDS inspections

F. The public will have greater assurance that an individual who inspects their property at the point of transfer will be certified by MDE to conduct the inspection correctly and there will be remedies against ill-trained or uncertified inspectors.

Economic Impact on Small Businesses

The emergency action has minimal or no economic impact on small businesses.

.01 Definitions.

A. In this chapter the following terms have the meanings indicated.

B. Terms Defined.

(1) “Certificate of completion” means documentation of successful completion of a Department-approved on-site wastewater sewage disposal property transfer inspection course.

(2) “Department standard inspection form” means Maryland Department of the Environment’s standardized inspection form including instructional guidelines for evaluating an existing on-site sewage disposal system and reporting the findings.

(3) “License holder” means an individual who holds a valid on-site sewage disposal system property transfer inspection license issued by the Department.

(4) “On-site sewage disposal inspection” or “OSDS inspection” means any evaluation of an on-site sewage disposal system.

(5) “On-site wastewater property transfer inspection license” means an individual license to engage in the business of inspecting an on-site sewage disposal system for property transfer purposes issued by the Department.

.02 Applicability.

A. This chapter applies to individuals engaged in the business of inspecting any on-site wastewater sewage disposal system for a property transfer inspection.

B. This chapter does not apply to an individual who inspects an on-site sewage disposal system as a part of the individual’s duties as an employee of the federal government, the State, or any local government of the State.

.03 Licensure.

A. An individual may not engage in the inspection of an on-site sewage disposal system for property transfer inspections after June 30, 2022, without obtaining an on-site wastewater property transfer inspection license issued by the Department.

B. The Department may issue an on-site wastewater property transfer inspection license to an individual that:

(1) Submits a complete application provided by the Department for licensure to the Department;

(2) Submits the $150 application fee; and

(3) Either:

(a) Provides a certificate of completion for a Department-approved training course meeting the requirements detailed in Regulation .04 of this chapter; or

(b) As of July 1, 2022, is identified on MDE’s list of individuals who have completed a Department-approved on-site inspection course for property transfer inspections.

C. The on-site wastewater property transfer inspection license will be valid for a 2-year period.,

D. Sixty days prior to expiration of an on-site wastewater property transfer inspection license, an individual shall apply for licensure renewal according to the conditions described in §B of this regulation.

E. The licensee shall retain all records of property transfer inspections for a period of 5 years and provide copies of these records to the Department upon request.

F. The Department reserves the right to suspend or revoke a license in accordance with Regulation .06 of this chapter.

.04 Training Course Requirements.

A. A training course for an on-site wastewater property transfer inspection license shall include:

(1) A minimum 14 total hours of instruction to include lectures, demonstrations, and course review;

(2) A minimum of 3 hours of the 14 hours shall include hands-on training which allows applicants the experience of performing tasks associated with on-site wastewater sewage system inspections;

(3) Topics covering Maryland statutory and regulatory requirements related to on-site sewage disposal systems in COMAR 26.04.02;

(4) Distribution of written materials, including the Department standard inspection form and instruction guideline document; and

(5) A closed book examination with a minimum of 100 multiple choice questions with:

(a) 25 questions specific to COMAR 26.04.02;

(b) 20 questions specific to the Department standard inspection form; and

(c) 20 questions specific to final inspection determinations regarding replacement or repair to an on-site wastewater system.

B. Applicants may receive a certificate of completion when passing an examination with a 70 percent or greater score.

C. Any training course for the purpose of obtaining a certificate of completion under this regulation shall be provided by the Department or a Department-approved training course provider.

.05 Training Course Provider Requirements.

A. The training course provider must satisfy all requirements of Regulation .04 of this chapter.

B. The Department may approve a training course if the training provider demonstrates to the satisfaction of the Department the ability to teach the requirements in this regulation and Regulations .02—.04 of this chapter by:

(1) Submitting complete course materials to the Department for approval; and

(2) Employing instructors having academic credentials or a minimum of 3 years field experience in the topics they instruct.

C. The training provider shall administer a proctored closed-book examination approved by the Department which:

(1) Contains a minimum of 100 multiple-choice questions, of which:

(a) At least 25 questions shall be specific to COMAR 26.04.02;

(b) At least 15 questions shall adequately cover the Department standard inspection format; and

(c) At least 10 questions shall adequately cover final determinations regarding replacement or repair of an on-site wastewater system inspection; and

(2) Requires a passing score of at least 70 percent for certificate of completion.

D. The training provider shall issue to each individual who successfully completes the training course a certificate of completion with the following information:

(1) Name of training course;

(2) Individual’s name;

(3) Individual’s mailing address, electronic address, and phone number;

(4) Identification number unique to that individual;

(5) Name, address, and phone number of training provider;

(6) Instructor’s name and signature; and

(7) Date of training and examination.

E. In order to audit any training provider, Department representatives may attend, evaluate, and monitor any training course and may or may not provide notice of attendance.

F. Prior to changing any portion of an approved course the training provider shall obtain approval from the Department for the proposed changes.

G. A training provider shall provide to the Department a written schedule of dates and locations at which training will be conducted and:

(1) Ensure that the Department receives this schedule at least 10 days before the course is offered; and

(2) Provide as promptly as possible to the Department any changes to the schedule.

H. The training provider shall:

(1) Maintain lists of individuals trained, the dates on which training occurred, instructor names, proctor names, training locations, individual test scores, and copies of certificates of completion;

(2) Maintain testing materials in a secure and confidential manner and, if any breach occurs with testing materials, notify the Department within 48 hours;

(3) Retain records for 3 years and provide copies of these records to the Department upon request; and

(4) Send the information in §H(1) of this regulation on a form provided by the Department to the Department within 10 working days of completion of the approved course.

I. Training courses shall be approved annually by the Department.

J. Training providers shall provide reasonable testing accommodations upon request from an individual.

K. Unless the Department withdrawals the approval of the training provider or a training course such approval shall remain valid for 1 year.

L. Training courses approvals are not transferable.

M. The Department may withdrawal the approval of any approved training course or training provider if the Department determines that the training provider, instructors, or course has demonstrated any of the following:

(1) Failure to meet the standards of this regulation;

(2) Misrepresentation of a training course’s approval;

(3) Failure of instructors to present the course as approved;

(4) Failure to submit any notifications required by this chapter in a timely manner;

(5) Failure to maintain records as required by this chapter;

(6) Falsification of records, instructor qualifications or other information;

(7) Incompetence or negligent in the performance of administering the training or the exam; or

(8) Other good cause.

N. The Department shall serve notice of withdrawal of an approved training provider or an approved training course. The training provider may request a hearing within 10 days after service of the notice. If the Department receives a timely request, the Department shall hold a hearing in accordance with State Government Article, §10-201 et seq., Annotated Code of Maryland.

.06 Suspension or Revocation of an On-Site Wastewater Property Transfer Inspection License.

A. The Department may revoke or suspend the on-site wastewater property transfer inspection license of an individual if the individual:

(1) Fraudulently or deceptively obtains, uses, or attempts to obtain an on-site wastewater property transfer inspection license for another individual;

(2) Fails at any time to meet the requirements of licensure in this chapter;

(3) Falsified information regarding the inspection;

(4) Violates any rule, regulatory order, or permit issued by the Department or the Approving Authority related to the on-site sewage disposal system;

(5) Negligently or incompetently performs on-site sewage disposal inspections;

(6) Performs an inspection without being in physical possession of a valid on-site wastewater property transfer inspection license; or

(7) Other good cause.

B. The Department shall serve notice of the revocation or suspension of an individual’s license to the individual. The individual may request a hearing within 10 days after service of the notice. If the Department receives a timely request, the Department shall hold a hearing in accordance with Environment Article, §10-201 et seq., Annotated Code of Maryland.

.07 Penalties.

A. An individual who violates Environment Article, §9-217.2, Annotated Code of Maryland, or any provision of these regulations shall be subject to an administrative penalty not exceeding $10,000 for each violation.

B. Each on-site sewage disposal system that an individual knowingly inspects without a valid on-site wastewater property transfer inspection license constitutes a separate violation.

C. Any administrative penalty collected by the Department under this chapter shall be paid into the Bay Restoration Fund.

HORACIO TABLADA
Secretary of the Environment

 


Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Subtitle 11 SPORTS WAGERING APPLICATION REVIEW COMMISSION

Notice of Emergency Action

[22-153-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to the following under new Subtitle 11 Sports Wagering Application Review Commission:

(1) New Regulations .01 and .02 under a new chapter, COMAR 36.11.01 General Provisions; and

(2) New Regulations .01—.19 under a new chapter, COMAR 36.11.02 All Applicants and Awardees.

Emergency status began: September 2, 2022.

Emergency status expires: March 3, 2023.

 

     Editor’s Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 49:18 Md. R. 846—854 (August 26, 2022), referenced as [22-153-P].

THOMAS M. BRANDT, JR.
Chairman
Sports Wagering Application Review Commission

 


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 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subtitle 08 DESIGNATION OF TRAUMA AND SPECIALTY REFERRAL CENTERS

Notice of Final Action

[22-100-F]

On September 13, 2022, the Maryland Emergency Medical Services Board adopted amendments to:

(1) Regulation .02 under COMAR 30.08.01 General Provisions; and

(2) Regulations .01 and .03—.15 under COMAR 30.08.12 Perinatal and Neonatal Referral Center Standards.

This action, which was proposed for adoption in 49:14 Md. R. 707—713 (July 1, 2022), has been adopted as proposed.

Effective Date: October 3, 2022.

THEODORE R. DELBRIDGE, M.D.
Executive Director

 

 


Proposed Action on Regulations

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.25 Gear

Authority: Natural Resources Article, §4-221, Annotated Code of Maryland

Notice of Proposed Action

[22-174-P]

The Secretary of Natural Resources proposes to amend Regulation .06 under COMAR 08.02.25 Gear.

Statement of Purpose

The purpose of this action is to define a shortline as a specific type of finfish trotline and create specific rules for the gear. The action also removes the requirement for a commercial licensee to obtain a finfish trotline permit and submit additional reporting under that permit.

The ASMFC Interstate Fishery Management Plan for Atlantic Coastal Sharks (2008) describes a shortline as being less than 500 yards (1500 feet) in length and having 50 or fewer hooks, allowing for a maximum of two shortlines per vessel. Shortlines would be limited to the Atlantic Ocean unless a scientific collection permit exemption was granted.

The change is necessary to clarify that a shortline is a different type of finfish trotline, and some requirements must be met if used to retain sharks. The clarification will also make it easier for users to comply with the ASMFC Interstate Fishery Management Plan for Atlantic Coastal Sharks (2008).

This action will also remove the permit and reporting requirements for the commercial use of finfish trotlines. The finfish trotline permit was part of the Department’s initial regulatory structure after the General Assembly first legalized the gear. Because it was a new gear in State waters, the Department, the General Assembly, and both commercial harvesters and recreational anglers all harbored some level of concern that finfish trotlines might inadvertently catch striped bass or other unintended species, resulting in a potential conservation concern. By requiring the additional permit, the Department could gather additional data specific to commercial harvest with finfish trotline gear. The data collected from the other reporting by finfish trotline permit holders, and stakeholder feedback, indicates that none of the concerns have come to fruition. Between how the gear has been utilized by harvesters and the regulations the Department has enacted for the gear, the use of finfish trotlines overwhelmingly has resulted in the harvest of catfish with almost no bycatch. Therefore, the permit and the additional reporting submitted under the permit are no longer necessary.

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 Shortline and Finfish
Trotline Regulations, Regulatory Staff, Department of
Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD
21401, or call 410-260-8300, or submit comments at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx. Comments will be accepted through October 24, 2022. A public hearing has not been scheduled.

.06 Commercial — Finfish Trotlines.

A.—B. (text unchanged)

C. [A] Except as provided in §H of this regulation, a finfish trotline:

(1)—(3) (text unchanged)

D. Float Requirements.

(1)—(2) (text unchanged)

(3) Floats that do not have a round or spherical shape shall be at least 12 inches long and [10] 7 inches wide.

(4) (text unchanged)

E. (text unchanged)

F. Area Restrictions. [A] Except as provided in §H of this regulation, a finfish trotline:

(1)—(2) (text unchanged)

G. (text unchanged)

[H. Finfish Trotline Permit.

(1) A finfish trotline permit may only be issued to a licensee who has met all reporting requirements as required by Natural Resources Article, §4-206, Annotated Code of Maryland, and this regulation.

(2) An individual may be issued only one finfish trotline permit.

(3) An individual shall have their finfish trotline permit in their possession while using a finfish trotline.

(4) A finfish trotline permit may not be transferred.

(5) Reporting and Penalties.

(a) In addition to the requirements of Natural Resources Article, §4-206, Annotated Code of Maryland, a finfish trotline permittee shall report in the manner specified by the Department.

(b) In addition to any other penalty established in COMAR 08.02.13, failure to comply with this regulation may result in the suspension of the current permit or the denial of a subsequent permit.

(c) Prior to suspending a permit under this regulation or denying an application for a permit, the Department shall give the licensee notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.]

H. Shortlines.

(1) Definition.

(a) In this section, the following term has the meaning indicated.

(b) Term Defined. “Shortline” means a type of finfish trotline which meets the requirements of this section.

(2) A shortline may not exceed 1,500 feet in length.

(3) Hook Requirements. In addition to the hook requirements in §C of this regulation:

(a) A shortline may not have more than 50 hooks; and

(b) Any hook used on a shortline shall be corrodible.

(4) Allowed Area. A shortline may only be used in the Atlantic Ocean.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 


Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

09.13.06 Minimum Standards of Practice

Authority: Business Occupations and Professions Article, §15-208(b)(4), Annotated Code of Maryland

Notice of Proposed Action

[22-177-P]

The State Board for Professional Land Surveyors proposes to amend Regulations .02, .04, and .05 under COMAR 09.13.06 Minimum Standards of Practice. This action was considered by the State Board for Professional Land Surveyors at a public meeting held on May 4, 2022, notice of which was published on the Board's website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to implement Ch. 432, Acts of 2021, as codified in Business Occupations and Professions Article, §15-301(b)(4), Annotated Code of Maryland, by providing additional definitions and clarifying requirements for the exemption of certain individuals from requiring a license as professional land surveyors for the exclusive purpose of determining topography and contours.

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 Zevi Thomas, Executive Director, State Board for Professional Land Surveyors, , Department of Labor, 1100 N. Eutaw Street, Baltimore, MD 21202, or call 410-230-6262, or email to zevi.thomas@maryland.gov, or fax to 410-962-8483. Comments will be accepted through October 26, 2022. A public hearing will be held October 12, 2022.

Open Meeting

Final action on the proposal will be considered by the Board for Professional Land Surveyors during a public meeting to be held on November 2, 2022, at 1100 Eutaw Street, Baltimore, MD 21201.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Accurate and precise location” means a description of the position of a feature, object, or boundary that meets or exceeds the positional tolerance.

[(1)] (2) (text unchanged).

(3) “Authoritative” means the process of surveying which results in an accurately and precisely established location of a feature, object, or boundary.

[(2)] (4)—[(3)] (5) (text unchanged)

(6) “Certification entity” means an entity acceptable to the Board, as stated in Business Occupations and Professions Article, §15-301(b)(4), Annotated Code of Maryland, including, but not limited to, the following entities:

(a) American Society for Photogrammetry and Remote Sensing;

(b) GIS Certification Institute;

(c) United States Geospatial Intelligence Foundation; and

(d) National Society of Professional Surveyors.

[(4)] (7)—[(10)] (13) (text unchanged)

(14) “Positional tolerance” means the maximum allowable relative positional precision of 0.07 feet (or 2 centimeters) plus 50 parts per million, based on the direct distance between the two survey markers or monuments, as applicable.

(15) “Qualifying activity” means an activity which:

(a) Is acceptable to the Board;

(b) Is offered by a certification entity; and

(c) Has content areas related to the utilization of measurement devices or systems for the purpose of determining topography or contours.

[(11)] (16) “Relative positional precision” means the length of the semi-major axis expressed in feet or meters, of the error ellipse representing the uncertainty due to random errors in measurements used to control surveys in the location of the property evidence, marking any corner of the surveyed property relative to the property evidence, and marking any other corner of the surveyed property at the 95 percent confidence level (two standard deviations).

[(12)] (17)—[(18)] (23) (text unchanged)

.04 [Field Run] Topographic Surveys.

A. Purpose. The purpose of a [field run] topographic survey is to locate, describe, or map, or all of these, the elevations and positions of the physical features and characteristics of the surface of the earth, including spot elevations, contours, and other features.

B.—E. (text unchanged)

F. Exemptions. Individuals who successfully completed the qualifying activity, as defined in Regulation.02B(15) of this chapter, from the certification entity, as defined in Regulation .02B(6) of this chapter, are permitted to produce topographic surveys.

.05 [Field Run] Planimetric Surveys.

A. Purpose. The purpose of a [field run] planimetric survey is to locate, describe, or map, or all of these, the horizontal positions of the physical features and characteristics of the surface of the earth and other features.

B.—E. (text unchanged)

JOHN V. METTEE III
Chair

 


Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 25 MARYLAND HEALTH CARE COMMISSION

10.25.19 State Recognition of an Electronic Advance Directives Service

Authority: Health-General Article, §§4-302.2, 5-602, 5-622, 19-103(c)(2)(i) and (ii), and 19-144, Annotated Code of Maryland

Notice of Proposed Action

[22-180-P]

     The Maryland Health Care Commission proposes to amend Regulations .02—.04, .07, and .08, under COMAR 10.25.19 State Recognition of an Electronic Advance Directives Service. This action was considered by the Commission at an open meeting held on July 21, 2022, a notice of which was given through publication in the Maryland Register, in accordance with General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to propose amendments to COMAR 10.25.19. State law (2016 Chapter 510 and 2017 Chapter 667) required the Maryland Health Care Commission (MHCC) to develop a State Recognition Program for electronic advance directives services (vendors). In 2016, MHCC worked collaboratively with stakeholders to develop regulations and vendor criteria for State Recognition. During the 2022 session of the Maryland General Assembly, Chapter 312 (Senate Bill 824), Health – Accessibility of Electronic Advance Care Planning Documents, was passed repealing a requirement that vendors implement a certain electronic authorization guideline (National Institute of Standards and Technology Special Publication 800–63–2: Electronic Authentication Guideline or subsequent replacement publications to 800-63) to connect to the State-Designated Health Information Exchange. The proposed amendments remove references of the electronic authentication guideline under Regulation .02, and other miscellaneous non-technical changes in Regulations .03, .04, .07, and .08.

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 Justine Springer, Program Manager, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3574, or email to justine.springer@maryland.gov, or fax to 410-358-1236 . Comments will be accepted through October 24, 2022. A public hearing has not been scheduled.

 Open Meeting

Final action on the proposal will be considered by the Maryland Health Care Commission during a public meeting to be held on November 17, 2022, at 4160 Patterson Avenue, Baltimore, MD 21215.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Advance Care Planning” means a process through which an individual considers and documents in a formal manner the individual’s preferences for the receipt of health care, including through the use of an advance directive.

(2) “Advance directive” [means:

(a) A witnessed written or electronic document, voluntarily executed by the declarant in accordance with the requirements of Health General Article, Title 5 Subtitle 6, Annotated Code of Maryland;

(b) A witnessed oral statement, made by the declarant in accordance with the provisions of Health General Article, Title 5 Subtitle 6, Annotated Code of Maryland; or

(c) An unwitnessed electronic document in which the declarant’s identity is authenticated in accordance with the National Institute of Standards and Technology Special Publication 800–63–2: Electronic Authentication Guideline or subsequent replacement publications to 800-63.] has the meaning stated in Health-General Article, Title 5 Subtitle 6, Annotated Code of Maryland.

[(2)] (3)[(8)] (9) (text unchanged)

[(9)] (10) “State Recognition criteria” or “criteria” means technology, security, privacy, and other standards established by the Commission in accordance with Regulation .03 of this chapter. [and for nonwitnessed advance directives, must meet National Institute of Standards and Technology Special Publication 800–63–2: Electronic Authentication Guideline or subsequent replacement publications to 800-63 to authenticate a declarant’s identity.]

(11) “Vendor” means an electronic advance directive service.

.03 [Establishment of] Criteria for State Recognition of an Electronic Advance Directives Service.

A. (text unchanged)

B. Commission staff shall publish in the Maryland Register and on the Commission’s website a notice and draft criteria by which the Commission may consider an application [by] of an electronic advance directives service for State Recognition.

(1)⸺(2) (text unchanged)

C.D. (text unchanged)

.04 Procedure for Initial State Recognition.

A. (text unchanged)

B. An electronic advance directives service seeking State Recognition shall:

(1)⸺(2) (text unchanged)

(3) Affirm under penalties of perjury that the service or any related or affiliated service:

(a) (text unchanged)

(b) [Is] Has not been the subject of an investigation by or order of any local, State, or federal governmental agency;

(4)⸺(7) (text unchanged)

C. (text unchanged)

D. Duration of State Recognition.

(1) State Recognition is valid for [3] three years from its issuance, unless suspended or revoked by the Commission.

(2) (text unchanged)

.07 Closure, Sale, Merger, Lease, Assignment, or Transfer of All or Part of a State-Recognized Electronic Advance Directives Service.

A.  At least 90 days before a State-Recognized electronic advance directives service closes on a sale, merger, lease, assignment, or transfer of all or part of a State-Recognized electronic advance directives service, the State-Recognized electronic advance directives service shall:

(1) Submit in writing to the Commission information requested by Commission staff about the desired change and a plan that assures the proposed transaction:

(a) Results in the secure transfer [either] to another State-Recognized electronic advance directives service;

(b) Provides notice of the proposed transaction to the Commission, to the Maryland Department of Health, to the State-Designated Health Information Exchange, and to the Consumer Protection Division of the Office of the Maryland Attorney General; and

(c) Provides notice of the proposed transaction electronically and on the Vendor’s website to each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive, which at a minimum, includes:

(i) Information about the transfer of the declarant’s advanced [directives] directive to another State-Recognized entity;

(ii)⸺(iv) (text unchanged)

(2) Not proceed with the proposed transaction until it receives written determination from the Executive Director [of the Commission] that State Recognition status may be transferred as a result of the proposed sale, merger, lease, assignment, or transfer of all or part of a State-Recognized electronic advance directives service.

(3) (text unchanged)

B. As soon as a State-Recognized electronic advance directives service has information that sets forth a reasonable basis to believe that its ability to continue to operate as a State-Recognized electronic advance directives service will be materially affected, and no fewer than [three months] 90 days prior to an anticipated closure, it shall submit complete written information to the Commission, along with a plan [including] that includes provisions [that assure] assuring the following:

(1)⸺(4) (text unchanged)

(5) A minimum of 45 days advance notice of the full or partial closure to each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive in accordance with §A(1)(c) of this regulation, to the Commission, to the Maryland Department of Health, to the State-Designated Health Information Exchange, and the Consumer Protection Division of the Office of the Maryland Attorney General.

.08 Commission Oversight of State-Recognized Electronic Advance Directives Services.

A. (text unchanged)

B. Failure [by] of a State-Recognized electronic advance directives service to provide full information requested by Commission staff in a timely and complete manner is grounds for suspension or revocation of State Recognition status.

C. Following Commission staff’s investigation, the Executive Director may issue a notice of proposed action, which may include the following:

(1) (text unchanged)

(2) Suspension of the State Recognition of an electronic advance directives service for a definite period of time after which, depending upon the circumstances of the case and completion of appropriate corrective actions, the [vendor] Vendor may seek reinstatement of its State Recognition; or

(3) (text unchanged)

D.⸺E. (text unchanged)

F. In the event that State Recognition status is not renewed, or the Commission suspends or revokes State Recognition status, the electronic advance directives service must notify each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive about the impact of the action on accessibility of the advance directive.

RANDOLPH S. SERGENT, ESQ.
Chair

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 14 MOTOR VEHICLE ADMINISTRATION—VEHICLE INSPECTIONS

Notice of Change to Estimate of Economic Impact and Opportunity for Public Comment

[22-171-P]

The Estimate of Economic Impact and Opportunity for Public Comment notices which appeared in 49:19 Md. R. 878—885 (September 9, 2022) have been changed. The correct notices follow.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will provide on-going economic benefits to the public by reducing the amount of inspection fees paid. Based on the assumptions and information contained in this fiscal impact statement, the estimated economic impacts for fiscal year 2023 (December 26, 2022 effective date) are: to the public, an estimated $2,323,998 cost savings; and to the Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA), an estimated $2,249,670 net loss. (See Section III. for assumptions used in the fiscal impact calculations.) The proposed action is not expected to have significant economic impact on any other entity.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(1)

(R-)

$2,323,998 (FY 2023)

(2)

(E-)

$74,328 (FY 2023)

B. On other State agencies:

(E-)

Minimal

C. On local governments:

(E-)

Minimal

 

 

 

Benefit (+)

Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

CERFs and other repair facilities

(-)

Minimal

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Minimal

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A(1). Based on an analysis of current statistical data, it is estimated that in fiscal year 2023 (December 26, 2022 effective date), 202,797 new vehicles will qualify for the additional three-year delay of the initial inspection. Used vehicles will continue to be subject to VEIP inspection upon transfer of ownership independently of vehicle age, and it is estimated that 78,916 vehicles in this age range will be sold and inspected, yielding a net change of 123,881 vehicles. The inspection fees are $14 at the VEIP inspection station and $10 at the VEIP self-service kiosk. Only the OBD test is available at the kiosk. Current data shows that 85% of OBD tests are conducted at the VEIP stations, and 15% are conducted at the kiosks. Additionally, late fee revenue is equivalent to approximately 40% of inspection fee revenue. The estimated revenue impact (loss) to MDOT MVA from the reduction in inspection/late fees is calculated as follows:

a. VEIP station inspection fee revenue loss: (123,881 vehicle tests x 85% x $14 = $1,474,178

b. VEIP kiosk inspection fee revenue loss: (123,881 vehicle tests x 15%) x $10 = $185,821

Subtotal of a + b = $1,659,999

c. Late fee revenue loss: ($1,659,999 x 40%) = $663,999

d. Total fiscal year 2023 revenue loss from this action:
($1,659,999 + 663,999) = $2,323,998.

A similar effect on MDOT MVA revenues is expected in future years.

A(2). This proposal will have a small impact on MDOT MVA expenditures in postage costs for fiscal year 2023. MDOT MVA currently incurs postage charges of $0.60 for each inspection notice mailed. The reduced number of VEIP inspections resulting from this action will reduce the number of notices mailed. In FY2023, based on an estimated 123,881 vehicles, the reduction in postage charges is (123,881 x $0.60) = $74,328 (savings).

NOTE: Modest cost savings associated with supplies/materials will also result from this proposal. However, these cost savings are minimal in nature.

B. Other State agencies and local governments will experience minimal reductions in costs due to the reduced number of vehicles they must have inspected.

C. Other State agencies and local governments will experience minimal reductions in costs due to the reduced number of vehicles they must have inspected.

D. There will be minimal impact on automotive repair facilities that are Certified Emissions Repair Facilities (CERFs) due to lost income from potentially fewer vehicles requiring repairs.

F. Based on the assumptions and calculations included in part A, above, the public will realize estimated cost savings of $2,323,998 in fiscal year 2023 through reductions in VEIP inspection/late fees paid.

Savings to the public are expected to continue at a similar rate into future years.

Opportunity for Public Comment

Comments may be sent to Marcia Ways, Mobile Sources
Control Program Manager, Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720, or call (410) 537-3270, or email to marcia.ways@maryland.gov, or fax to (410) 537-4435. Comments will be accepted through October 11, 2022. The Maryland Department of the Environment and the Maryland Department of Transportation Motor Vehicle Administration will hold a virtual public hearing on the proposed action on October 11, 2022 at 10:00 a.m. See the Maryland Department of the Environment’s website for virtual hearing information, https://mde.maryland.gov/programs/Regulations/air/Pages/reqcomments.aspx. Interested persons are invited to attend and express their views. For more information or to submit comments, contact Marcia Ways, Mobile Sources Control Program Manager, Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720; telephone (410) 537-3270; email marcia.ways@maryland.gov; fax (410) 537-4435.

Copies of the proposed action and supporting documents are available for review at the Maryland Department of the Environment’s website at https://mde.maryland.gov/programs/Regulations/air/Pages/reqcomments.aspx.

Persons 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.

HORACIO A. TABLADA

Secretary of the Environment

 

CHRISTINE NIZER

Administrator
Motor Vehicle Administration

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 10 CORRECTIONAL TRAINING COMMISSION

12.10.01 General Regulations

Authority: Correctional Services Article, §§2-109 and 8-208, Annotated Code of Maryland

Notice of Proposed Action

[22-183-P]

The Secretary of Public Safety and Correctional Services, in cooperation with the Correctional Training Commission, proposes to amend Regulation .22 under COMAR 12.10.01 General Regulations. This action was considered and approved by the Correctional Training Commission at a public meeting held on July 14, 2022.

Statement of Purpose

The purpose of this action is to amend COMAR 12.10.01.22 to ensure that the provisions of the regulation apply to both State and local correctional officers, as well as to correct the unintended requirement for additional drug testing of an applicant who was lawfully prescribed a controlled dangerous substance. Specifically, the Commission has removed the citation to COMAR 17.04.09.04 that applies only to correctional officers employed by the State of Maryland and replaced the citation with language that is applicable to both State and local correctional agencies. Additionally, by removing the reference to §C(2) from within §C(4) of the regulation, the Commission has eliminated the requirement that an applicant, who was lawfully prescribed a controlled dangerous substance, agree to complete an annual scheduled drug test for the two years following the date of hire.

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 Albert L. Liebno, Jr., Executive Director, Maryland Police and Correctional Training Center, 6852 4th Street, or call Sykesville, Maryland 21784, or email to albert.liebno@maryland.gov, or fax to 4108753584. Comments will be accepted through October 24, 2022. A public hearing has not been scheduled.

.22 Prior Substance Abuse by Applicants for Certification.

A.—B. (text unchanged)

C. Prior and Current Use Criteria.

(1)—(3) (text unchanged)

(4) [An applicant granted certification by the Commission under §C(2) or (3) of this regulation shall agree to complete an annual drug test to be scheduled at the discretion of the employing agency, and in accordance COMAR 17.04.09.04, during the 2 years following the applicant’s date of hire] As a condition of being granted certification by the Commission under §C(3) of this regulation, an applicant shall agree to complete an annual drug test to be scheduled at the discretion of the employing agency during each of the 2 years following the applicant’s date of certification.

(5) An employing agency that conditionally hires an applicant under §C(4) of this regulation may  require an applicant to submit to the employing agency’s drug testing procedures for suspicion of substance use during the 2 years following certification or as part of the employing agency’s procedures for random drug testing of its employees.

[(5)] (6) (text unchanged)

D.—E. (text unchanged)

ROBERT L. GREEN
Secretary
 Public Safety and Correctional Services

 


Title 15
MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS

15.14.10 Continuing Education Requirements

Authority: Agriculture Article, §§2-304(a)(1) and 2-306(a)(2), Annotated Code of Maryland

Notice of Proposed Action

[22-179-P]

The Maryland Department of Agriculture proposes to amend Regulations .02 and .05 under COMAR 15.14.10 Continuing Education Requirements.

Statement of Purpose

The purpose of this action is to add a definition and remove the limitation on the number of credit hours that a licensed veterinarian may obtain through online continuing education programs in a given licensing year to maintain the person's registration with the State Board of Veterinary Medical Examiners.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action removes the limitation on the number of credit hours that a licensed veterinarian may obtain through an online continuing education program in a given licensing year to maintain the person's license with the State Board of Veterinary Medical Examiners. In doing so, the action will likely have a positive (albeit minimal) economic impact on these individuals. It is assumed that taking online continuing education courses will be less costly than attending in-person courses. For example, rather than traveling to attend an in-person course, they can attend these online courses from their home or office, saving time and travel expenses. The impact on business that provide continuing education courses may be mixed. Businesses that provide online continuing education programs may see some benefit. Businesses that provide in-person continuing education programs may see some negative impact. However, due to the pandemic, some of these businesses have already converted to online and/or hybrid models. Small businesses will not be disproportionately impacted.

 

 

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:

(1)

(+)

Minimal

(2)

(-)

Minimal

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. It is assumed that taking online continuing education courses will be less costly than attending in-person courses. For example, rather than traveling to attend an in-person course, they can attend these online courses from their home or office, saving time and travel expenses.

E(1). Businesses that provide online continuing education programs may see some benefit.

E(2). Businesses that do not provide (or have not provided) online continuing education programs may see some negative impact. However, due to the pandemic, some of these businesses have already converted to online and/or hybrid models. Small businesses will not be disproportionately impacted.

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 Nathaniel Boan, Executive Director, State Board of Veterinary Medical Examiners, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401, or call 410-841-5766, or email to Nathaniel.boan@maryland.gov. Comments will be accepted through October 24, 2022. A public hearing has not been scheduled.

.02 Definitions.

A. “Board” means the State Board of Veterinary Medical Examiners.

B. “Continuing education courses” means courses that offer credit hours and includes seminars, lectures, conferences, workshops, and other programs that offer credit hours.

[B.] C.[C.] D. (text unchanged)

.05 Accreditation.

A.—C. (text unchanged)

D. Credit hours may be approved for the following:

(1) Continuing [veterinary educational programs] education courses given by a college of veterinary medicine approved by the American Veterinary Medical Association;

(2) (text unchanged)

(3) Continuing [educational programs] education courses given or arranged by the Maryland Veterinary Medical Association;

(4) Continuing [educational programs] education courses given or arranged by North American Veterinary Conference, Western Veterinary Conference, Central Veterinary Conference, or American Animal Hospital Association; and

(5) Local, State, regional, or national continuing [professional] education courses including postgraduate studies, institutes, seminars, lectures, conferences, workshops, extension studies, or other continuing [educational programs] education courses as approved by the Board. Requests for approval of postgraduate studies and extension studies shall be submitted to the Board no fewer than 60 days before the expiration of the veterinarian’s registration certificate.

E. [Credits] Approved credit hours may be obtained through [on-line] available online continuing education [programs may not exceed 9 hours of the total required number of credit hours submitted in a given licensing year] courses.

F.—G. (text unchanged)

STEVEN A. CONNELLY
Deputy Secretary

 

Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS

15.14.16 Continuing Education Requirements for Registered Veterinary Technicians

Authority: Agriculture Article, §2-309, Annotated Code of Maryland

Notice of Proposed Action

[22-178-P]

The Maryland Department of Agriculture proposes to amend Regulations .02—.04 under COMAR 15.14.16 Continuing Education Requirements for Registered Veterinary Technicians.

Statement of Purpose

The purpose of this action is to add a definition and remove the limitation on the number of credit hours that a registered veterinarian technician may obtain through online continuing education programs (annually and over a 3-year period) to maintain the person's registration with the State Board of Veterinary Medical Examiners.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action removes the limitation on the number of credit hours that a registered veterinarian technician may obtain through an online continuing education program (annually and over a 3-year period) to maintain the person's license with the State Board of Veterinary Medical Examiners. In doing so, the action will likely have a positive (albeit minimal) economic impact on these individuals. It is assumed that taking online continuing education courses will be less costly than attending in-person courses. For example, rather than traveling to attend an in-person course, they can attend these online courses from their home or office, saving time and travel expenses. The impact on business that provide continuing education courses may be mixed. Businesses that provide online continuing education programs may see some benefit. Businesses that provide in-person continuing education programs may see some negative impact. However, due to the pandemic, some of these businesses have already converted to online and/or hybrid models. Small businesses will not be disproportionately impacted.

 

 

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:

(1)

(+)

Minimal

(2)

(-)

Minimal

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. It is assumed that taking online continuing education courses will be less costly than attending in-person courses. For example, rather than traveling to attend an in-person course, they can attend these online courses from their home or office, saving time and travel expenses.

E(1). Businesses that provide online continuing education programs may see some benefit.

E(2). Businesses that do not provide (or have not provided) online continuing education programs may see some negative impact. However, due to the pandemic, some of these businesses have already converted to online and/or hybrid models. Small businesses will not be disproportionately impacted.

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 Nathaniel Boan, Executive Director, State Board of Veterinary Medical Examiners, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401, or call 410-841-5766, or email to nathaniel.boan@maryland.gov. Comments will be accepted through October 24, 2022. A public hearing has not been scheduled.

.02 Definitions.

A.—C. (text unchanged)

D. “Continuing education courses” means courses that offer credit hours and includes seminars, lectures, conferences, workshops, and other programs that offer credit hours.

E. "Credit hour" means 1 program hour.

F. "Unused credit hour" means a credit hour which a practitioner earned in a given licensing year but did not use toward fulfilling the continuing education requirement for that year.

.03 Registration Renewal.

A. Except as provided in §B of this regulation, the Board may not renew a veterinary technician's registration unless that veterinary technician has earned 24 credit hours of continuing [professional] education during the:

(1) — (2) (text unchanged)

B. (text unchanged)

.04 Accreditation.

A. (text unchanged)

B. Credit hours may be approved for the following:

(1)—(2) (text unchanged)

(3) Continuing education [programs] courses given or arranged by the AVMA;

(4) (text unchanged)

(5) Continuing education [programs] courses available [on-line, not exceeding:] online.

[(a) 8 hours in a 3-year period, or

(b) 4 hours per year.]

C. (text unchanged)

STEVEN A. CONNELLY
Deputy Secretary

 

Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION

Subtitle 18 HOMEOWNER PROTECTION PROGRAM

18.18.01 General

Authority: Tax-Property Article, §§2-201 and 14-885, Annotated Code of Maryland

Notice of Proposed Action

[22-181-P]

The Director of the Department of Assessments and Taxation proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 18.18.01 General, under a new subtitle, Subtitle 18 Homeownership Protection Program.

Statement of Purpose

The purpose of this action is to promulgate regulations to implement the new Homeowner Protection Program under Tax-Property Article, §14-885(b), Annotated Code of Maryland.

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 Jonathan Glaser, Legislative Director, SDAT, 301 W. Preston Street, Baltimore, MD 21201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through October 24, 2022. A public hearing has not been scheduled.

.01 Definitions.

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

B. Terms Defined.

(1) "Affidavit" means a sworn statement in writing on a form furnished by the Department and containing an oath or affirmation set forth in Maryland Rule 1-304, Annotated Code of Maryland.

(2) "Applicant" means a person applying for enrollment in the Homeowner Protection Program as defined in Tax-Property Article, §14-883, Annotated Code of Maryland.

(3) "Combined income" has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.

(4) "Dependent" has the meaning stated in 26 U.S.C.A. §152, United States Annotated Code.

(5) "Dwelling" has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.

(6) “Enrollee” means an applicant enrolled in the Homeowner Protection Program.

(7) “Homeowner” has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.

(8) “Ombudsman” has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.

(9) “Program” has the meaning stated in Tax-Property Article, §14-883, Annotated Code of Maryland.

(10) “Total outstanding tax debt” means the full amount of any property tax lien, any amount paid to the holder of a property tax sale certificate, or any other charge paid by the Department on behalf of a Program enrollee under Tax-Property Article, §14-801, Annotated Code of Maryland, including any interest as determined by the Department.

.02 Application Procedures.

A. The Department has established procedures to apply for the Program.

B. Application Procedures.

(1) An applicant shall report the combined income corresponding to the dwelling for which application is made.

(2) An applicant may be required to submit copies of corresponding federal income tax returns and accompanying schedules and forms, along with other proof of combined income, as requested by the Ombudsman.

(3) An applicant having a substantial ownership interest in a business or partnership shall submit a complete copy of the federal tax return filed for that business or partnership.

(4) An applicant may be requested to complete an affidavit to substantiate any information reported on the application.

(5) An applicant seeking to exclude the income of a spouse on the basis of a marital separation shall submit a legal separation agreement or, if none exists, an affidavit stating the date of separation and whether their estranged spouse is likely to return to the dwelling house.

(6) An applicant claiming a person is a dependent who does not file a federal income tax return shall submit verification of the dependency status to the Ombudsman in an affidavit.

(7) An applicant failing or refusing to submit any information requested by the Ombudsman shall be denied enrollment for failure to substantiate the information reported.

C. The Department may establish application procedures in addition to those set forth above if not inconsistent with these regulations.

.03 Additional Eligibility Criteria.

A. The Department has established additional eligibility criteria for the Program in accordance with Tax-Property Article, §14-885(b), Annotated Code of Maryland.

B. Additional Eligibility Criteria.

(1) Enrollment From Every County. The maximum number of homeowners who may be enrolled in the Program in a given fiscal year will be proportionately divided among the 23 counties and Baltimore City based on the percentage of Statewide property tax sales occurring within each jurisdiction, as determined by the Ombudsman.

(2) Limit on Total Outstanding Tax Debt. To ensure that homeowners are enrolled in the Program who reside in each jurisdiction in a given fiscal year, the Ombudsman may set a maximum amount of total outstanding tax debt that the Department will incur on behalf of any one dwelling.

(3) Affordability Requirement. The total outstanding tax debt paid by the Department on behalf of an enrollee under Tax-Property Article, §14-887, Annotated Code of Maryland, may not exceed an amount that may reasonably be expected to be repaid by the enrollee within a three-year period. Consideration will be given to the homeowner’s income, expenses other than total outstanding tax debt, and the likelihood of receiving tax credits, grants, and other benefits.

(4) Long-term homeowner enrollment preference. Applications from homeowners whose dwelling has been their principal residence for at least 10 years as of the date of application will be given enrollment preference over other applicants from the same jurisdiction.

.04 Priorities.

A. The Department has established enrollment priorities for the Program in accordance with Tax-Property Article, §14-885(b), Annotated Code of Maryland.

B. Enrollment Priorities.

(1) Priority for Applicants Age 60 and Over. Applications from homeowners who are at least 60 years of age as of the date of application will be given priority enrollment over applicants from the same jurisdiction who are under 60.

(2) Priority for Applicants on Disability. Applications from homeowners who are receiving disability benefits from the federal Social Security Disability Insurance program or the federal Supplemental Security Income program as of the date of application will be given priority enrollment over applicants from the same jurisdiction who are not receiving such benefits.

.05 Maintaining Enrollment.

A. The Department has established requirements to maintain enrollment in the Program.

B. Maintaining Enrollment.

(1) Regular Communication. An enrollee shall respond to communications from the Ombudsman within a reasonable time period as required by the Department. If an enrollee’s contact information changes, the updated contact information must be shared seasonably with the Ombudsman.

(2) Assistance Agreement. An enrollee must follow any assistance plan created for them by the Ombudsman. The assistance plan may include an obligation to:

(a) Apply for tax credits, grants, or other public benefits as recommended by the Ombudsman;

(b) Meet with housing and financial counselors and legal service providers; and

(c) Take advantage of other assistance strategies recommended by the Ombudsman to help an enrollee pay their total outstanding tax debt and improve their financial situation.

(3) Financial Information. When requested by the Ombudsman, an enrollee shall provide detailed and complete information about their financial situation to aid in developing an appropriate assistance strategy. An enrollee shall immediately report to the Ombudsman any significant changes to their financial circumstances as they occur.

(4) Repayment Requirement. For any total outstanding tax debt paid by the Department on behalf of an enrollee under Tax-Property Article, §14-887, Annotated Code of Maryland, the enrollee shall repay the Department in monthly installments based on a plan agreed upon during the enrollment process.

 .06 Collection Procedures.

A. The Ombudsman may charge less interest under Tax-Property Article, §14-889, Annotated Code of Maryland, to enrollees who repay the Department using automatic electronic payments.

B. The total outstanding tax debt owed by an enrollee to the Department will be recorded in land records as a lien attached to the enrollee’s dwelling until it is repaid.

MICHAEL L. HIGGS, JR.
Director

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, [AND] SOLID WASTE, AND RECYCLABLE MATERIALS

26.04.13 Food Residuals—Organics Recycling and Waste Diversion

Authority: Environment Article, §§1-101, 9-201, 9-1701, 9-1702, and
 9-1724.1, Annotated Code of Maryland

Notice of Proposed Action

[22-184-P]

     The Secretary of the Environment proposes to adopt new Regulations .01—.05 under a new chapter, COMAR 26.04.13 Food Residuals — Organics Recycling and Waste Diversion.

Statement of Purpose

The purpose of this action is to implement Chs. 439 and 440, Acts of 2021, entitled Organics Recycling and Waste Division — Food Residuals. The law requires, beginning in 2023, certain persons who generate certain quantities of food residuals to separate their food residuals from other solid waste and divert those food residuals through reduction and recycling activities from final disposal in a refuse disposal system. This food residuals diversion mandate applies to a person that: (1) generates at least 2 tons of food residuals per week, beginning January 1, 2023, and at least 1 ton of food residuals per week, beginning January 1, 2024, and (2) is located within 30 miles of an organics recycling facility with the capacity and willingness to accept the material for recycling. The law authorizes the Maryland Department of the Environment (MDE) to grant a person otherwise subject to the food residuals diversion mandate a waiver from the mandate if the person demonstrates, to the satisfaction of MDE, undue hardship because of the cost of diverting food residuals is more than 10 percent more expensive than disposing of the material in a refuse disposal system, or for other reasonable circumstances. MDE is required under the law to establish waiver application procedures. Lastly, MDE is required to annually report on the implementation of the law, including the impacts on waste diversion in the State.

The proposed action would:

● Define certain terms not defined under the 2021 law;

● Clarify that a person subject to the food residuals diversion mandate includes manufacturers and processors, as well as the types of materials considered to be food residuals;

● Prohibit a person from diverting food residuals in a manner likely to cause pollution or certain nuisance conditions;

● For a person subject to the food residuals diversion mandate, establish methods to be used by the person in determining the weight of food residuals generated, a schedule under which the person must begin diverting food residuals, and a requirement for the person to provide MDE with certain documentation demonstrating their compliance with the food residuals diversion mandate;

● Establish procedures for applying for a waiver, and conditions under which MDE may approve or deny a waiver request or revoke an approved waiver; and

● Require a person subject to the food residuals diversion mandate to annually report on their solid waste and recyclable materials management activities to each county where the solid waste and recyclable materials were generated.

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 Mrgich, Waste Diversion Division Chief, Land and Materials Administration, Maryland Department of the Environment, 1800 Washington Blvd., Suite 610, Baltimore, MD 21230, or call 410-537-3314, or email to dave.mrgich@maryland.gov, or fax to 410-537-3321. Comments will be accepted through October 24, 2022. A public hearing has not been scheduled.

.01 Purpose.

The purpose of this chapter is to establish certain requirements pertaining to the diversion of food residuals from final disposal in a refuse disposal system pursuant to Environment Article, §9-1724.1, Annotated Code of Maryland, including:

A. Clarifying the types of entities and individuals that meet the definition of “person”, for the purpose of complying with the food residuals diversion requirements;

B. Clarifying the types of materials that meet the definition of “food residuals”;

C. For a person required to divert food residuals from final disposal in a refuse disposal system, establishing:

(1) The methods for determining the weight of food residuals generated by the person;

(2) A schedule for complying with the food residuals diversion requirements;

(3) The documentation to be maintained by a person required to divert food residuals from final disposal in a refuse disposal system; and

(4) A requirement to submit a certain report annually to counties; and

D. Establishing application and approval procedures for waivers issued to persons otherwise required to divert food residuals from final disposal in a refuse disposal system.

.02 Definitions.

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

B. Terms Defined.

(1) “Anaerobic digestion” means the controlled anaerobic biological decomposition of organic waste material to produce biogas and digestate.

(2) “Animal mortality” means an animal carcass that is generated:

(a) At a farm during the normal course of operations;

(b) At another location and managed by State or local government as part of roadway or other maintenance activities; or

(c) At a farm or other location and managed under an emergency exemption under COMAR 26.04.11.06.

(3) “Compostable products” means containers, films, or food service items, such as bowls, plates, cups, or cutlery, composed of materials such as:

(a) Vegetable matter;

(b) Paper;

(c) Cardboard; and

(d) Compostable plastics that are, within the length of time and process employed at the composting facility at which they are used, capable of biological decomposition to a degree that they result in marketable compost meeting the standards established by the Secretary of Agriculture under Agriculture Article, §6–221, Annotated Code of Maryland.

(4) “Composting” means the controlled aerobic biological decomposition of organic waste material.

(5) “Final disposal” means the complete and ultimate disposal of solid waste.

(6) Food Residuals.

(a) “Food residuals” means material derived from the processing or discarding of food, including pre- and post-consumer vegetables, fruits, grains, dairy products, and meats.

(b) “Food residuals” does not include:

(i) Animal mortalities;

(ii) Compostable products; or

(iii) Wastewater that contains material derived from the processing or discarding of food.

(7) “Generates” means creates material destined for management in a refuse disposal system if not otherwise diverted through reduction or recycling activities.

(8) Organics Recycling.

(a) “Organics recycling” means any process in which organic materials are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

(b) “Organics recycling” includes anaerobic digestion and composting.

(9) “Organics recycling facility” means a facility where organics recycling takes place.

(10) Person.

(a) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(b) “Person” includes:

(i) An individual facility owned or operated by a local school system;

(ii) An individual public primary or secondary school;

(iii) An individual nonpublic school;

(iv) A supermarket, convenience store, mini-mart, or similar establishment;

(v) A business cafeteria, school cafeteria, or institutional cafeteria;

(vi) A cafeteria operated by or on behalf of the State or a local government;

(vii) A manufacturer, processor, or similar establishment; and

(viii) Any other entity listed under §B(10)(a) of this regulation that is not excluded under §B(10)(c) of this regulation.

(c) “Person” does not include:

(i) The aggregate of all school buildings and facilities in a local school system; or

(ii) A restaurant establishment that accommodates the public and is equipped with a dining room with facilities for preparing and serving regular meals.

(11) Recyclable Materials.

(a) “Recyclable materials” means those materials that:

(i) Would otherwise become solid waste for disposal in a refuse disposal system; and

(ii) May be collected, separated, composted, or processed and returned to the marketplace in the form of raw materials or products.

(b) “Recyclable materials” does not include incinerator ash.

(12) “Recycling” means any process in which recyclable materials are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

(13) “Refuse disposal system” includes:

(a) An incinerator;

(b) A transfer station;

(c) A landfill system;

(d) A landfill;

(e) A solid waste processing facility; and

(f) Any other solid waste acceptance facility.

.03 Food Residuals Diversion Requirement.

A. General Provisions.

(1) The Department may inspect a site or business owned or operated by a person suspected or known to be subject to this regulation and Regulation .04 of this chapter in accordance with Environment Article, §1-404(k), Annotated Code of Maryland.

(2) A person subject to the food residuals diversion requirements under §B of this regulation may not divert food residuals from final disposal in a refuse disposal system in accordance with the regulation in a manner likely to:

(a) Be conducive to insect and rodent infestation or the harborage of animals;

(b) Cause nuisance odors or air pollution in violation of Environment Article, Title 2, Annotated Code of Maryland, or involve the construction of a source of air pollution subject to a permit to construct or the operation of a source of air pollution subject to a permit to operate unless permitted by the Department under Environment Article, Title 2, Annotated Code of Maryland;

(c) Cause a discharge of pollutants to waters of this State unless permitted by the Department under Environment Article, §9-323, Annotated Code of Maryland;

(d) Impair the quality of the environment; or

(e) Create other hazards to the public health, safety, welfare, or comfort as may be determined by the Department.

B. Food Residuals Diversion Mandate.

(1) Except as provided in a waiver issued by the Department under Regulation .04 of this chapter, a person shall divert their food residuals from final disposal in a refuse disposal system in accordance with this regulation if the person meets all of the following criteria:

(a) The person generates:

(i) On or after January 1, 2023, at least an average of 2 tons of food residuals each week that they are in operation and generating food residuals; or

(ii) On or after January 1, 2024, at least an average of 1 ton of food residuals each week that they are in operation and generating food residuals; and

(b) The person generates the food residuals at a location that is within a 30-mile radius of an organics recycling facility that:

(i) Has the capacity to accept and process all of the person’s food residuals;

(ii) Is willing to accept all of the person’s food residuals for recycling; and

(iii) Is willing to enter into a contract to accept and process the person’s food residuals.

(2) A person shall begin diverting their food residuals from final disposal in a refuse disposal system not later than 90 days after the person meets the criteria under §B(1) of this regulation.

C. Determining the Weight of Food Residuals Generated. For the purpose of determining if a person meets the food residuals generation thresholds specified under §B(1)(a) of this regulation:

(1) A person shall calculate the amount of food residuals generated using a methodology provided by the Department and based on one of the following measurements:

(a) An actual measurement of the weight of food residuals generated;

(b) If the person does not have an actual measurement of the weight of food residuals generated, an estimate of weight based on volume using a volume-to-weight conversion factor that is acceptable to the Department; or

(c) If the person does not have an actual measurement of the weight or volume of food residuals generated, an estimate of weight using a conversion factor appropriate for the type of food residuals generator that is acceptable to the Department; or

(2) A person that owns or operates multiple facilities or buildings located at a single location or campus that have a common system or contract for waste management shall use the aggregate weight of the food residuals generated each week by all the facilities or buildings, calculated using one of the methods specified under §C(1) of this regulation.

D. Methods of Diversion. A person subject to the food residuals diversion requirements under §B of this regulation shall:

(1) Separate food residuals from other solid wastes and non-compostable materials, including separating food residuals from any film or containers; and

(2) Divert food residuals from final disposal in a refuse disposal system through any combination of the following methods:

(a) Reducing the amount of food residuals generated by the person;

(b) Donating servable food for human consumption, including the donation of food to a nonprofit corporation, organization, or association;

(c) Managing the food residuals in an organics recycling system installed on-site in accordance with any applicable regulations adopted by the Secretary of the Environment;

(d) Providing for the collection and transportation of the food residuals for agricultural use, including for use as animal feed; and

(e) Providing for the collection and transportation of the food residuals for processing in an off-site organics recycling facility.

E. Documentation.

(1) In order to administer and enforce the food residuals diversion requirements of this regulation, the Department may request that a person subject to the food residuals diversion requirements under §B of this regulation provide documentation of:

(a) The actual or estimated weight of food residuals generated by the person each week;

(b) Any correspondence between the person and an organics recycling facility located within a 30-mile radius of the person demonstrating the organics recycling facility’s willingness to accept all of the person’s food residuals or enter into a contract to accept and process all of the person’s food residuals; and

(c) Any correspondence from an organics recycling facility located within a 30-mile radius of the person that the organics recycling facility is unable or unwilling to enter a contract with a person and accept and process all of the person’s food residuals.

(2) If the Department requests that a person provide the documentation described under §E(1) of this regulation, the person shall submit the requested documentation to the Department not later than 30 days after the request, unless an alternative deadline is provided by the Department.

.04 Waiver from the Food Residuals Diversion Requirement.

A. The Department may grant a waiver from the requirement to divert food residuals from final disposal in a refuse disposal system under Regulation .03 of this chapter if:

(1) A person demonstrates, in accordance with §D(2) of this regulation, undue hardship for the following reasons:

(a) The cost of diverting food residuals from a refuse disposal system is more than 10 percent more expensive than the cost of disposing the food residuals at a refuse disposal system; or

(b) For other reasonable circumstances as determined by the Department; or

(2) A person generates food residuals identified by a federal or State agency as having a biosecurity or food safety concern.

B. Waiver Conditions.

(1) The Department may grant a waiver to a person for a period that is the shorter of the following:

(a) A period established by the Department not to exceed 12 months;

(b) If the waiver was granted for an undue hardship as described under §A(1) of this regulation, until an alternate organics recycling facility becomes available that is:

(i) Located within a 30-mile radius of the person subject to the waiver;

(ii) Capable of accepting and processing all of the person’s food residuals; and

(iii) Willing to enter into a contract to accept and process the person’s food residuals; or

(c) A period that ends upon the date of a notification that the Department had revoked a previously approved waiver.

(2) There is no limit to the number of times the Department may grant a person a waiver.

C. The application requirements established under §D of this regulation do not apply to a waiver requested by, or granted to, a person that generates food residuals identified by a federal or State agency as having a biosecurity or food safety concern.

D. Application Procedures for Undue Hardship Waiver Requests.

(1) A person shall submit a written waiver request to the Department electronically, in a format required by the Department.

(2) A person shall include in a waiver request:

(a) A description of the basis for the waiver request;

(b) If the waiver request is based on undue hardship due to diversion costs as described under §A(1)(a) of this regulation:

(i) A list of all off-site organics recycling facilities located within a 30-mile radius of the person and a quote or other supporting documentation provided by each off-site organics recycling facility on the list detailing the cost to accept and process all of the person’s food residuals;

(ii) If owned or operated by an entity that is separate from one of the off-site organics recycling facilities described under §D(2)(b)(i) of this regulation, a quote or other supporting documentation provided by one or more recyclable materials haulers detailing the cost to collect and haul the person’s food residuals to an off-site organics recycling facility;

(iii) A quote or other supporting documentation provided by one or more refuse disposal systems detailing the cost to accept all of the person’s food residuals for final disposal; and

(iv) If owned or operated by an entity that is separate from the refuse disposal systems described under §D(2)(b)(iii) of this regulation, a quote or other supporting documentation provided by one or more solid waste haulers detailing the cost to collect and haul the food residuals to a refuse disposal system;

(c) Any other information considered necessary or required by the Department; and

(d) A certification that the information provided is true and correct to the knowledge of the person signing the waiver request.

(3) Reapplication for a Waiver.

(a) A person granted a waiver shall reapply for a waiver:

(i) At least 60 days before the end of the period for the current waiver term, or whenever an alternate organics recycling facility becomes available that meets the criteria in §B(1)(b) of this regulation, whichever occurs sooner; and

(ii) In accordance with the application procedures established under §D(1) and (2) of this regulation.

(b) If the waiver request is based on undue hardship due to diversion costs as described under §A(1)(a) of this regulation, a person shall include in the waiver request up-to-date versions of the documents listed under §D(2)(b) of this regulation, which shall be obtained by the person not earlier than 30 days before the waiver request is submitted to the Department.

E. Conditions for Approval, Denial, or Revocation of a Waiver.

(1) Notification of the Department’s Decision.

(a) The Department shall notify a person in writing of the Department’s decision to approve or deny a waiver request or to revoke a waiver previously approved by the Department.

(b) In a notification that a waiver request has been approved, the Department shall state the term of the waiver period.

(2) The Department may deny a waiver request or revoke a previously approved waiver if the Department determines:

(a) A violation of a requirement of this regulation, Regulation .03 of this chapter, or Environment Article, §9-1724.1, Annotated Code of Maryland, has occurred;

(b) False or inaccurate information or data was provided in an application for a waiver request; or

(c) Any other good cause exists for denying a waiver request or revoking an approved waiver.

.05 Reporting.

On or before March 1, 2024, and each March 1 thereafter, a person subject to the food residuals diversion requirements under Regulation .03 of this chapter shall submit a report:

A. On the person’s solid waste and recyclable materials management activities during the preceding calendar year to each county where the solid waste and recyclable materials were generated;

B. In a format required by the Department; and

C. That includes all of the following information:

(1) The total amount, by weight, of solid waste generated;

(2) The total amount and types, by weight, of recyclable materials generated;

(3) The total amount, by weight, of solid waste disposed;

(4) The name and location of each refuse disposal system that accepted the solid waste for disposal;

(5) The total amount and types, by weight, of recyclable materials diverted from disposal;

(6) The name and location of each recycling facility that accepted the recyclable materials for recycling; and

(7) Any other information required by the Department.

HORACIO A. TABLADA
Secretary of the Environment

 

Subtitle 11 AIR QUALITY

26.11.18 Control of Agriculturally Related Installations

Authority: Environment Article, Title 2, Annotated Code of Maryland

Notice of Proposed Action

[22-176-P]

     The Secretary of the Environment proposes to amend Regulation .05 under COMAR 26.11.18 Control of Agriculturally Related Installations.

Statement of Purpose

The purpose of this action is to amend record-keeping requirements so that records are held on-site for a period of 5 years. This action will ensure that the record-keeping period is consistent with Department permits to operate and standard compliance procedures for affected facilities. The proposed amendments will not be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan.

 

Sources Affected

The proposed amendments affect two permitted sources in Maryland.

 

Projected Emission Reductions

The proposed amendments do not impact emissions.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

The Department of the Environment will hold a virtual public hearing on the proposed action on October 26, 2022, at 9:30 a.m. See the Department’s website for virtual hearing information, https://mde.maryland.gov/programs/Regulations/air/Pages/reqcomments.aspx. Interested persons are invited to attend and express their views. Comments must be received by 5 p.m. on October 26, 2022. Comments may be submitted to Randy Mosier, Division Chief Regulation Development, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore, MD 21230-1720, or by email to randy.mosier@maryland.gov. For more information contact Mr. Mosier at telephone (410) 537-4488 or email randy.mosier@maryland.gov.

.05 Control of Odors from the Reduction of Offal.

A. — B. (text unchanged)

C. Any person processing or incinerating gases, vapors, or gas-entrained matter, as required by §A[,] of this regulation, when ordered by the Department, shall install, operate, and maintain in good working order and calibration continuous recording devices for indicating temperature or pressure or other operating conditions. These devices shall be approved by the Department and all data collected, when ordered by the Department, shall be made available to the Department or the control officer for inspection or copying. This data shall be kept on file by responsible persons for at least [60 days] 5 years.

D. — F. (text unchanged)

HORACIO A. TABLADA
Secretary of the Environment

 

Subtitle 11 AIR QUALITY

26.11.20 Mobile Sources

Authority: Environment Article, §§2-102, 2-103, and 2-301, Annotated Code of Maryland

Notice of Proposed Action

[22-175-P]

The Secretary of the Environment proposes to amend Regulation .02 under COMAR 26.11.20 Mobile Sources.

Statement of Purpose

The purpose of this action is to provide an exemption for new motor vehicles sold by a dealer, vehicles sold at wholesale, and by auto insurers, and vehicles sold at auctions conducted by auctioneers not in title as specified under COMAR 26.11.20.02 a Motor Vehicle Emission Control Devices. On February 7, 2022, the Maryland Department of the Environment (MDE or the Department) expanded prohibitions pertaining to (1) the removal or alteration of a motor vehicle’s air pollution control systems; (2) the operation of motor vehicles with removed, altered, or inoperative air pollution control systems; (3) the manufacture, sale, installation, and use of any device that prevents a motor vehicle’s air pollution control system from operating as originally designed; and (4) the offering for sale, sale, lease, auction, or transfer of any motor vehicle with removed, altered, or inoperative air pollution control systems.

Section (4) above applies to the retail transaction of motor vehicles that occur between a licensed dealer and the consumer. Under this action, exemptions are being extended to cover new motor vehicles, vehicles sold at wholesale and by auto insurers that take ownership of motor vehicles associated with total loss claims, which occur when a vehicle sustains so much damage it is more economical for the insurance company to purchase the vehicle for its pre-accident value rather than repair the vehicle. Auto insurers typically dispose of those vehicles at auction in an effort to recoup some of the claim costs. Exemptions will also cover auctions acting on behalf of a seller, secured party or owner where the title does not pass to the auctioneer or to the facilitating auction location. This action will exempt from compliance with COMAR 26.11.20.02 auto insurers and those transactions identified in COMAR 26.11.20.02C(1) that are conducted by auctioneers not in title, as specified under the conditions outlined in proposed COMAR 26.11.20.02C.

The Department will continue to enhance compliance investigations pertaining to the operation and transaction of tampered vehicles. The Department will continue to monitor auctions to determine whether the exemption for auctions results in significantly tampered vehicles operating on Maryland roadways, despite undergoing State safety inspections that examine emission control systems.

The proposed amendments to COMAR 26.11.20.02 will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland’s SIP.

 

Sources Affected

The proposed amendment applies to: the offering for sale, sale, auction, or transfer of a motor vehicle; and vehicles manufactured without emission systems.

 

Emission reductions have not been determined.

Comparison to Federal Standards

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

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

The Department of the Environment will hold a virtual public hearing on the proposed action on October 26, 2022, at 10 a.m. See the Department’s website for virtual hearing information, https://mde.maryland.gov/programs/Regulations/air/Pages/reqcomments.aspx. Interested persons are invited to attend and express their views. Comments must be received by 5 p.m. on October 26, 2022. Comments may be submitted to Marcia Ways, Mobile Sources Control Program Manager, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore, MD 21230-1720, or by email to marcia.ways@maryland.gov. For more information contact Marcia Ways at telephone (410) 537-3270 or email marcia.ways@maryland.gov.

.02 Motor Vehicle Emission Control Devices.

A. Definitions.

(1)—(4) (text unchanged)

(5) "Wholesale" means a transaction in which a vehicle is purchased for resale by a non-retail purchaser.

B. (text unchanged)

C. Exemptions.

[(1) This regulation does not apply to the sale or transfer of a motor vehicle for the purpose of scrapping, dismantling, or destroying the motor vehicle if:

(a) A certificate of salvage has been issued by the Maryland Motor Vehicle Administration that establishes a motor vehicle may not be operated on public roads; or

(b) Sufficient documentation and proof is provided to the Department’s satisfaction that a motor vehicle has been scrapped, or will be scrapped within 30 days.

(2) This regulation does not prevent the service or repair of any air pollution control system.

(3) This regulation does not apply to motorcycles.]

(1) This regulation does not apply to:

(a) The offering for sale, sale, or transfer, by a dealer, as that term has the meaning stated in the Transportation Article, §11-111, Annotated Code of Maryland, of a new motor vehicle that has never been registered for use;

(b) The sale or transfer of a motor vehicle for the sole purpose of scrapping, dismantling, destroying, or any similar activity, if sufficient documentation and proof is provided to the Department’s satisfaction within 30 days of sale or transfer;

(c) A vehicle that has been issued a certificate of salvage by the Maryland Motor Vehicle Administration, or a similar ownership document from within Maryland or another state as approved by the Department, that establishes a motor vehicle will not be operated on public roads;

(d) The offering for sale, sale, or transfer of a motor vehicle by auction where  the auctioneer or facilitating auction is acting on behalf of a seller, secured party, or owner where  the title does not pass to the auctioneer or to the facilitating auction location;

(e) The offering for sale, sale or transfer of a motor vehicle by an insured or claimant to an insurer;

(f) Vehicles manufactured without emissions systems;

(g) Motorcycles; or

(h) Vehicles sold at wholesale.

(2) This regulation does not prevent the service or repair of any air pollution control system.

D.—F. (text unchanged)

HORACIO A. TABLADA
Secretary of the Environment

 

 


Special Documents

 

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0011

 

Maryland National Capital Park &
Planning Commission (MNCPPC)

Attn: Thomas Baden

16000 Croom Airport Rd

Upper Marlboro, Maryland 20772

 

Add’l. Info: Pursuant to COMAR 26.02.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 22-WQC-0011

 

Location: Jackson Landing Boat Ramp, 16000 Croom Airport Road, Upper Marlboro, MD 20772, Prince George’s County, MD

The purpose of the project is to reconfigure the boat ramp and piers at Jackson’s Landing Boat Ramp.  Construction of the 68-foot long boat ramp would be widened from 12.8 feet to 21 feet, two 68-foot long by 1-foot wide timber flank walls on either side, and an approximately 8-foot long by 21-foot wide toe protection at the toe of the ramp to function as stop and scour protection. The existing piers would be removed and replaced (a) fishing pier constructed a 52-foot long by 6-foot wide pier with a 65-foot long by 10-foot platform; (b)  along the northern ramp wall, a 46-foot long by 6-foot wide floating dock with a 20-foot long by 6-foot wide “L” floating platform; and (c) along the south side of the ramp, a 32-foot long by 6-foot wide fixed pier with a 10-foot long by 6-foot wide fixed platform on the south side of the ramp, a 30-foot long by 6-foot wide gangway, and a 20-foot long by 20-foot wide floating kayak launch platform  within a maximum of 80 feet channelward of the mean high water line. The purpose of the project is to improve the public recreation facility.

 

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/index.aspx

 

Appeal of Final decision.  This Water Quality Certification (WQC) is a final agency decision.  Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4).  A request for appeal shall be filed with the Department within 30 days of publication of the final decision in the Maryland Register and specify in writing the reason why the final decision should be reconsidered.  A request for appeal shall be submitted to:  Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230.  Any request for an appeal does not stay the effectiveness of this WQC.

 

Contact:  Melissa McCanna at Melissa.mccanna@maryland.gov or at 410-537-4053.

[22-20-06]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0027EX

 

Philadelphia District, US Army Corps of Engineers

Wannamaker Building

100 Penn Square East

Philadelphia, Pennsylvania 19107-3390

 

Add’l. Info: Pursuant to COMAR 26.02.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of an Emergency Water Quality Certification 22-WQC-0027EX 

 

Location: Chesapeake & Delaware Canal Federal Navigation Channel, Pearce Creek Dredge Material Containment Site, Chesapeake and Delaware Canal, Cecil & Kent Counties, MD

 

Proposed Work and Purpose:  To maintenance dredge a section of the Chesapeake and Delaware (C&D) Canal approach channel located near Worton Point, and to place the dredged material at the Pearce Creek Dredged Material Containment Facility (DMCF).  Maintenance dredging will be performed on an emergency basis as required to maintain the authorized 35-foot project depth within the navigation channel from: 39°19'0"N, 76°13'0"W to 39°19'80"N, 76°12'0"W.  All material related to the emergency work (estimated to be 60,000 CY) will be removed by bucket, hopper or hydraulic pipeline dredges and placed in the Pearce Creek Dredged Material Containment Facility. 22-WQC-0027EX was requested as an emergency WQC to address increased shoaling to depths of up to 30 feet in the previously authorized 35-foot channel causing a significant hazard to navigation. The excessive shoaling of up to 5 feet is located in a critical section of the navigation channel near Worton Point; a Local Notice to Mariners has been posted by the US Coast Guard for this area.

 

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/index.aspx

 

Appeal of Final decision.  This Water Quality Certification (WQC) is a final agency decision.  Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4).  A request for appeal shall be filed with the Department within 30 days of publication of the final decision in the Maryland Register, and specify in writing the reason why the final decision should be reconsidered.  A request for appeal shall be submitted to:  Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230.  Any request for an appeal does not stay the effectiveness of this WQC.

 

Contact:  Danielle Spendiff at danielle.spendiff1@maryland.gov or 410-537-4023.

[22-20-07]

 

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Proposed Additions to Handgun Roster and Notice of Right to Object or Petition

 

              The following is a list of handguns that the Handgun Roster Board proposes to add to the official handgun roster.  These handguns will be officially placed on the Handgun Roster if no timely objection is received or if all timely objections are dismissed.

     Under the Public Safety Article, §5-405, Annotated Code of Maryland and COMAR 29.03.03.13 and .14, any person may object to the placement of any of those handguns on the Handgun Roster.  Objections must be filed within 30 days after September 23, 2022.  In addition, any person may petition for the placement of an additional handgun on the Handgun Roster.  Forms for objections or petitions may be obtained from: Rachel Rosenberg, Administrator, Handgun Roster Board, 1201 Reisterstown Road, Baltimore, Maryland 21208 (Phone: 410-653-4247).

 

Make

Model

Caliber

Additional Comments

Myrl's Country LLC

MC-15

300 BLK

 

ISRAEL WEAPON INDUSTRIES (IWI US)

UZI Pro Pistol (Military and Law Enforcement Sales Only)

9 mm

 

Live Free Armory

AMP

9 mm

 

SIG SAUER/SIGARMS INC.

P320-XTEN

10 mm

Model addition

SPRINGFIELD ARMORY/INC. (HS PRODUKT)

XD-M ELITE

10 mm

Caliber addition

ACCURACY X, INC.

X Series Defender

45 ACP

 

SIG SAUER/SIGARMS INC.

P320 SPECTRE COMP

9 mm

 

CARL WALTHER (WALTHER ARMS)

PDP PRO SD COMPACT

9 mm

Model addition

ATLAS GUNWORKS, INC.

NYX V2

9 mm

Model addition

CANIK (CENTURY ARMS)

METE SFX PRO

9 mm

Model addition

M+M, INC.

M10X-P

7.62X39mm

 

CANIK (CENTURY ARMS)

METE SFT PRO

9 mm

Model addition

CANIK (CENTURY ARMS)

METE SF

9 mm

Model addition

KORTH (NIGHTHAWK CUSTOM)

Korth Classic

357 Mag/38 Spl

Model addition

SMITH & WESSON

350

350 Legend

 

CITADEL

1911-A1 BABY

380 ACP

Model addition

DAN WESSON FIREARMS/NYI

Wraith

9 mm, 10 mm, 45 ACP

Model addition

CHAMBERS CUSTOM PISTOLS

YC2

9 mm

Model addition

ALDO UBERTI & CO.

STALLION

38 Spl

Caliber addition

CZ USA

SCORPION 3+

9 mm

Model addition

FN HERSTAL

FIVE-SEVEN MRD

5.7X28 mm

Model addition

F. LLI PIETTA (CIMARRON ARMS)

Wyatt Earp Buntline

45 LC

Model addition

ALDO UBERTI & CO. (CIMARRON ARMS)

Wyatt Earp Buntline

45 LC

Model addition

SPRINGFIELD ARMORY/INC.

1911-A2 SASS  

357 Mag

Caliber addition

ISRAEL WEAPON INDUSTRIES (IWI US)

Masada Slim

9 mm

Model addition

BERETTA USA

92 FS

22 LR

Caliber addition

CABOT GUNS

Rebellion

9 mm

Model addition

CABOT GUNS

Gentleman's Carry

9 mm, 45 ACP

Model addition

CABOT GUNS

Icon

9 mm, 45 ACP

Model addition

CABOT GUNS

Serenity

9 mm, 45 ACP

Model addition

CABOT GUNS

Ultimate Bedside 1911

9 mm, 45 ACP

Model addition

CABOT GUNS

Vintage Classic

9 mm, 45 ACP

Model addition

SIG SAUER/SIGARMS INC.

P365-XMACRO

9 mm

Model addition

COLT/COLTS MFG. CO., INC.

King Cobra

22 LR

Caliber addition

WILSON COMBAT

CQB TACTICAL LE

38 Super

Caliber addition

ISRAEL WEAPON INDUSTRIES (IWI US)

Jericho 941 RS

9 mm

Model addition

BRUGGER & THOMET (BRUGGER & THOMET USA)

SPC9 PDW Pistol

9 mm

 

Smith & Wesson / Ed Brown Products

Fueled by Ed Brown M&P

9 mm

 

PATRIOT ORDNANCE FACTORY

P-SG 22 / Rebel

22 LR

 

BRIGADE MANUFACTURING INC.

BF-15

5.56 NATO

 

BUL (C.A.I.)

Impact

9 mm

 

LONE WOLF ARMS

TWC3

9 mm

 

COLT/COLTS MFG. CO., INC.

1911 Lightweight Government

45 ACP

Model addition

GRAND POWER S.R.O. (GLOBAL ORDNANCE LLC)

K22 X-TRIM MK12

22 LR

Model addition

GRAND POWER S.R.O. (GLOBAL ORDNANCE LLC)

K22/K22S MK12

22 LR

Model addition

PALMETTO STATE ARMORY

5.7 Rock

5.7x28 mm

 

GIRSAN (EAA)

MC 1911 S Noel

9 mm, 45 ACP

Model addition

DIAMONDBACK FIREARMS

AM2

9 mm

 

KEL-TEC

P-32

32 ACP

 

SHADOW SYSTEMS CORP

MR920 Foundation Series

9 mm

Model addition

SHADOW SYSTEMS CORP

DR920 Foundation Series

9 mm

Model addition

SHADOW SYSTEMS CORP

XR920 Foundation Series

9 mm

Model addition

GIRSAN (EAA)

MC 1911 SC Ultimate

9 mm, 45 ACP

Model addition

[22-20-08]

 


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.


STATE COLLECTION AGENCY LICENSING BOARD

Subject: Public Meeting

Date and Time: October 11, 2022, 9 a.m.

Place: Via Google Meet — see additional information below.

Add’l. Info: Thereafter the public meetings will take place the second Tuesday of every month, accessed via the Google Meet information given below.

If necessary, the Board will convene in a closed session to seek the advice of counsel or review confidential materials, pursuant to General Provisions Article, Maryland Annotated Code §3-305.

     Google Meet joining info:

     Video call link:

     https://meet.google.com/ahz-mgnk-jsu

     Or dial: ‪(US) +1 530-738-1353

     PIN: ‪815 799 863#

     More phone numbers: https://tel.meet/ahz-mgnk-jsu?pin=1097700804795

Contact: Ayanna Jackson-Daugherty (410) 230-6019

[22-20-01]

 

FIRE PREVENTION COMMISSION

Subject: Public Meeting

Date and Time: October 20, 2022, 10 a.m.

Place: Lisbon Fire Station, Meeting room, 16104 Frederick Road, Woodbine, MD

Add’l. Info: Portions of the meeting may be held in closed session. If public schools are CLOSED in Howard County due to inclement weather, the meeting will be rescheduled.

Contact: Heidi Ritchie (877) 890-0199

[22-20-05]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Meeting

Date and Time: November 3, 2022, 9 a.m. — 1 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info: Please be advised that the November 3, 2022, Pharmacy and Therapeutics (P&T) Committee public meeting will be conducted virtually by way of a Webinar.

     As soon as available, classes of drugs to be reviewed, speaker registration guidelines, and procedure to register to attend the virtual meeting will be posted on the Maryland Pharmacy Program website at:

https://health.maryland.gov/mmcp/pap/Pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx

     Please submit questions to:

mdh.marylandpdlquestions@maryland.gov

Contact: Deborah Washington (410) 767-1455

[22-20-02]

 

MARYLAND VETERANS COMMISSION

Subject: Public Meeting

Date and Time: October 18, 2022, 10:30 a.m. — 1 p.m.

Address: 100 Community Pl., Crownsville, MD

Contact: Denise Nooe 410-260-3840

[22-20-03]

 

BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS

Subject: Public Meeting

Date and Time: October 20, 2022, 10 a.m. — 12 p.m.

Place: Via Google Meet

Add’l. Info: A portion of this meeting may occur in closed session. Open meeting access information will be posted on the Agenda located on the Board web page:

https://mde.maryland.gov/programs/permits/EnvironmentalBoards/Pages/BWW_Meetings.aspx

Contact: Dee Settar (410) 537-4162

[22-20-04]