Maryland Carbon Dioxide (CO2) Budget Trading Program

These amendments revise and update definitions, Incorporation by reference (IBR) documents, and propose amendments to the auction of unused Set-aside CO2 allowances, the CO2 Allowance Contingency Account and the submission of compliance certification reports.

26.09

4/16/2012

Public Hearing 2/29/2012

Effective August 6, 2012

Maryland Carbon Dioxide (CO2) Budget Trading Program

The purpose of this action is to change the process of replenishing set aside accounts that have not been fully utilized under COMAR 26.09, Maryland CO2 Budget Trading Program.

26.09.01.02; 26.09.02.03, .06-.09

1/21/2013

Public Hearing to be held 12/5/2012.

Regs approved by Air Quality Control Advisory Council on July 23, 2012.

Ambient Air Quality Standards

The purpose of this action is to adopt revised National Ambient Air Quality Standards (NAAQS) as required by Section 2-302 (c) of the Environment Article of the Annotated Code of Maryland.

26.11.04

8/31/2012

Public Hearing 7/18/2012

Effective September 17, 2012.

Pleasure Craft Coating

These amendments adopt the requirements of the EPA's Control Techniques Guidelines (CTG) for Pleasure Craft Coating.

26.11.19.27-1

11/18/2012

Public Hearing 7/18/2012

Regs approved by Air Quality Control Advisory Council on December 12, 2011.

Permits to Construct Requirements

The primary purpose of this amendment is to correct an unintended consequence of a recent amendment to COMAR 26.11.01.01.  The amendment to the definition of a National Emission Standard for Hazardous Air Pollutants (NESHAP) source that became effective on March 5, 2012 expands the universe of sources required to obtain a permit to construct under COMAR 26.11.02.09.

26.11.02.09

10/29/2012

Public Hearing scheduled for 9/12/2012

Regs approved by Air Quality Control Advisory Council on May 14, 2012.

Hospital Medical Infectious Waste Incinerators

This amendment provides an alternative to the interim compliance dates of EPA’s Emission Guidelines (EG) for hospital, medical, infectious and medical waste incinerators (HMIWI).

26.11.08.08-2

10/29/2012

Public Hearing scheduled for 9/12/2012

Amended as an emergency provision effective July 4, 2012

Control of Emissions from Kraft Pulp Mills

These amendments add a Sulfur dioxide (SO2) limit based on a Consent Order, clarify Volatile Organic Compound (VOC) Reasonably Available Control Technology (RACT) issues, relocates Nitrogen oxide (NOx) RACT rate from another chapter and amends cross reference for Continuous Emissions Monitors (CEM) requirements.

26.11.09.08; 26.11.14

10/29/2012

Public Hearing scheduled for 9/12/2012

Regs approved by Air Quality Control Advisory Council on May 14, 2012.

Portland Cement Plants

The purpose of this chapter is to incorporate all of the requirements for cement plants including: Reasonably Available Control Technology (RACT), Nitrogen oxide (NOx), Sulfur dioxide (SO2), Particulate matter (PM), and opacity into one Chapter.

26.11.30

10/29/2012

Public Hearing scheduled for 9/12/2012

Regs approved by Air Quality Control Advisory Council on May 14, 2012.

Natural Gas Compression Stations

The purpose of this amendment is to excise cement plant requirements from this chapter and retain Nitrogen oxide (NOx) requirements and incorpate existing Reasonably available control technology (RACT) provisions.

26.11.29

10/29/2012

Public Hearing scheduled for 9/12/2012

Regs approved by AQCAC on January 31, 2011. Withdrawn and re-proposed on June 13, 2011.

Prevention of Significant Deterioration (PSD) prospective Incorporation by reference

Update to Incorporate all recent changes and fine particulate matter requirements.

26.11.01.01; 26.11.06.14

2/15/2013

Public Hearing scheduled for 1/3/2013

Regs approved by Air Quality Control Advisory Council on September 10, 2012.

Low Emission Vehicle Program

The purpose of this amendment is to implement the California Low Emission Vehicle Program in Maryland through incorporation by reference of the California Regulations.

26.11.34.02

2/15/2013

Public Hearing scheduled for 1/3/2013

Regs approved by Air Quality Control Advisory Council on September 10, 2012.

Permit Fees increase

The purpose of the amendments to COMAR 26.11.02.17 is to clarify how fees are applied to Air Quality Permit to Construct source categories; to establish a new fee for an additional source category that requires an Air Quality Permit to Construct; and to raise the existing minimum fee for securing a standard Air Quality Permit to Construct from $200 to $500, for most sources.

26.11.02.17 & .19

2/15/2013

Jan-13

Regs appproved by Air Quality Control Advisory Council on October 18, 2012.

Standing Bill - Judicial Review

Amendment needed to reflect change in law regarding contested case hearings pertaining to permits.

26.11.02.07, .11, & .14

2/15/2013

Jan-13

Regs appproved by Air Quality Control Advisory Council on October 18, 2012.

Transportation Conformity

The purpose of this amendment is to add reporting requirements for agencies or organizations that perform conformity determinations. The report shall detail how the agency is striving to meet outyear budgets for NOx and CO2.

26.11.26

4/10/2013

Scheduled to go before Air Quality Control Advisory Council on December 10, 2012.

Asphalt Paving Materials

The primary purpose of these amendments is to incorporate standards and test methods for the changes in asphalt paving materials, technology and practices since this regulation was last amended in 1993.

26.11.11.02

6/11/2013

Scheduled to go before Air Quality Control Advisory Council on February 11, 2013.

Fiberglass Boat Manufacturing

These amendments adopt the requirements of the EPA's Control Techniques Guidelines (CTG) for Fiberglass Boat Manufacturing.

26.11.19.27-2

6/11/2013

Scheduled to go before Air Quality Control Advisory Council on February 11, 2013.

Opacity - Quality Assurance/Quality Control (QA/QC) procedures

The purpose of these amendments is to repeal the QA/QC procedures for Continuous Opacity Monitors as codified in COMAR 26.11.31 and replace with procedures in 40 CFR Part 60, Appendix F.

26.11.01.10,.11; 26.11.08; 26.11.31

9/13/2013

Scheduled to go before Air Quality Control Advisory Council on May 13, 2013.

Continuous monitoring for Special Categories of Fuel Burning Equipment: Steel Mills and Paper Mills       

 

The purpose of these regulations is to establish Compliance Determination and other requirements in place of TM-90-01.

26.11.10; 26.11.14.07D(2)

5/10/2013

Scheduled to go before Air Quality Control Advisory Council on December 10, 2012.

Mercury (Hg) Monitoring for Incinerators

These amendments establish mercury monitoring requirements for incinerators.

26.11.01.10; 26.11.01.11; 26.11.08

6/11/2013

Scheduled to go before Air Quality Control Advisory Council on February 11, 2013.

Solid Fuel Boilers

The purpose of these amendments is to establish standards for solid fuel boilers using wood and chicken litter as fuel.

26.11.09

9/13/2013

Scheduled to go before Air Quality Control Advisory Council on May 13, 2012.

New Source Review, Emission Reduction Credits Amendments

The purpose of these amendments is to clarify requirements for New Source Review and the Emission Reduction Credits process.

26.11.17.04

9/13/2013

Scheduled to go before Air Quality Control Advisory Council on May 13, 2012.

New Source Review, fine particulate matter (PM)

Establish fine PM requirements for New Source Review and Prevention of Significant Deterioration  programs.

26.11.17

Regs approved by Air Quality Control Advisory Council on March 26, 2012.

Requirements for Municipal Waste Incinerators

Amendments to add 2% opacity requirements and remove start-up, shut down, malfunction provisions.

26.11.08.04

Regs approved by Air Quality Control Advisory Council on January 31, 2011.

Stage II Vapor Recovery at Gasoline Dispensing Facilities

The primary purpose of this amendment is to exempt Stage II requirements for new and rebuilt gasoline stations.

26.11.24.03

Stakeholder meetings held 3/26/12 and 4/27/12. Next meeting scheduled for November 2012.

Metal Parts and Products

These amendments adopt the requirements of the EPA's Control Techniques Guidelines (CTG) for metal parts coating.

26.11.09.08

1/7/2013

Regs approved by Air Quality Control Advisory Council on September 13, 2010.

Clean Air Interstate Rule

To repeal this chapter as a result of EPA's Transport Rule effective August 8, 2011.

Cross-State Rule has been stayed; CAIR remains in effect temporarily.

Ozone Transport Commission (OTC) Nitrogen oxide (NOx) Measures: Demand Response; Natural Gas (NG) Compressor Stations;  Energy Efficiency

MDE will continue to explore potential NOx control measures being proposed through the OTC process.

Under development in OTC Stakeholder process.

Ozone Transport Commission (OTC) Measures: Adhesives & Sealants; Consumer Products; Solvent Degreasers

MDE will continue to explore potential Volatile organic compounds (VOC) control measures being proposed through the OTC process.

26.11.35; 26.11.32

Under development in OTC Stakeholder process.

Offshore Delegation

Take delegation of Authority for Outer Continental Shelf Activities

26.11.

Industrial, Commercial, and Institutional (ICI) Boilers

Develop low cost standards for boilers using oil and natural gas as fuel.

26.11.09.08

Under development

Supplement 21 to Regulations for the Control of Ionizing Radiation

Allow the use of handheld x-ray devices

26.12.01.01

8/6/2012

No comments received

Supplement 22 to Regulations for the Control of Ionizing Radiation

(a) Clarifications regarding training requirements as promulgated by U.S. Nuclear Regulatory Commission (NRC), (b) changes to ensure internal consistency in regulations requiring use of a dose calibrator, (c) changes in requirements for instructions to released patients, (d) reclassification of a small number of sealed radioactive source licensees from general to specific license, (e) allow use of alternative dose weighting factors to determine exposure for certain fluoroscopic medical procedures, and (f) minor clarifications.

26.12.01.01

10/29/2012

No comments received

Controlled Hazardous Substance (CHS) Notification Regulations

To require that MDE be notified of a release or threat of release of CHS into the environment.

26.14.02

April 2013

A public workshop was held 11/19/12.

The original proposal expired.  A new draft is being developed.

Soft-wood Open Burning Exemption

To exempt the burning of softwood residuals, now classified as an industrial waste, at eastern shore sawmills as requested by DNR. Would allow softwood sawmills to open burn the unrecyclable  residuals derived from the removal of sections of wood containing unretrievable metal from the sawlogs, that renders them unusable for lumber production. Change would be a minor amendment to the exemptions from the permit requirement.

26.04.07

December 2013

Standard public comment period will be offered

Draft under development.

Amendments concerning waste-derived fuel, incinerator permits.

To clarify exisitng regulations governing incinerators and waste-to-energy facilities, and to provide requirements  for and certain exemptions for the use of fuels derived from solid waste.

26.04.07

December 2013

Standard comment period will be offered.

Draft under development.

Beneficial Use of Coal Combustion Byproducts

These regulations are being developed to address the use and recycling of coal combustion byproducts.

26.04.11 (New Chapter)

September 2013

Briefed major stakeholders on changes in Dec. 2009.  Briefings on status at SHA's Recycled Materials workgroup, which includes many stakeholders, several times in 2011.

Draft under development.

Sewage Sludge Management

The changes will update and modernize existing regulations on Sewage Sludge Management in the State.

26.04.06

January 2013

Coordination with Task Force on Sewage Sludge

Ready for submission to AELR in Spring 2013.

Marcellus Shale

These regulations are being developed to implement HB 72 that gives MDE authority to collect fees.

26.19.10

June 2012

Will coordinate with stakeholders

Draft being reviewed; may need review by Adv. Comm.

Cathode Ray Tube (CRT) Management Standards

Streamlines management standards for CRTs and CRT glass being recycled.

26.13.01 & 26.13.02

October 2013

Finalizing technical review

Hazardous Waste Land Disposal Restrictions

Incorporates Federal land disposal restrictions program for hazardous waste into State regulations. (Regulations currently  implemented in MD by EPA.)

26.13.09

October 2013

Beginning technical review

Mixed Waste Rulemaking

Conditionally exempts mixed waste (waste that is regulated as hazardous waste and is also radioactive) from most hazardous waste regulations provided it is managed in accordance with Nuclear Regulatory Commission regulations.

26.13.10

December 2013

Finalizing technical review

FO19 Exempting Wastewater Treatment Sludges from Auto Manufacturing Zinc Phosphating Process

Exempts certain waste from aluminum coating operations in the auto manufacturing industry based on the wastes consistenely not meeting the criteria for listing as hazardous waste.

26.13.02

December 2013

Finalizing technical review

Hazardous Waste Identification Rule – Contaminated Media and Debris

Establishes a Department approved remedial action plan as a form of permit when operations involved in cleaning up a contaminated site would otherwise trigger permit requirements for hazardous waste treatment or disposal.

26.13.02, 26.13.05, 26.13.06, & 26.13.07

June 2014

Finalizing technical review

Scrap Tires

The changes will update and modernize existing regulations on Scrap Tire Management in the State. The chapter is undergoing major overhaul that will create new categories for collection licenses, create a temporary hauler license, reduce reporting requirements, and other changes.

26.04.08

Summer 2013

Will solicit stakeholder input Winter 2012

Draft being developed.

Oil Pollution and Spill Reporting

Chapter is undergoing major overhaul  that will move aboveground storage tanks into two new chapters (see 26.10.17 and .18)

26.10.01.01 - 24

Fall 2013

Following AG's review/comment, draft will be forwarded to Ad Hoc Subcommittee.

Draft being developed.

Management of Used Oil

Adopts federal regulations and adds requirements for spill reporting, permits, annual reports, closure and burning used oil.

26.10.15.01 - .06

Fall 2013

Following AG's review/comment, draft will be forwarded to Ad Hoc Subcommittee.

Draft being developed.

Field-Erected and Shop-Fabricated Aboveground Storage Tanks (New Chapters)

Requirements for construction, inspection and spill prevention for tanks 50,000 gallons or greater capacity constructed on the site of operation or shop built.

26.10.17  26.10.18

Fall 2013

Following AG's review/comment, draft will be forwarded to Ad Hoc Subcommittee.

Draft being developed.

Procedures for Abating Lead, Accreditation, Abatement

Implementation of the EPA's Repair, Renovation and Painting (RRP) rule authorized by HB 644.

26.02.07  26.16.01  26.16.05

Staggered but complete by January 2014

Research and discussion phase.

Noise

Revise noise standards to generally exempt marinas and achieve consistency with the revised statute transfering enforcement authority to local governments.

26.02.03.03

TBD

An informational public meeting is being held at MDE on Nov. 13, 2012.

Draft regs. published in the MD register on Nov 2., 2012 and currently undergoing public review; appropriate website updates have been made.

Water Quality Standards

Update the Tier II regulations to institutionalize the non-tidal wetlands (NTW) review process, propose new requirements for National Pollutant Discharge Elimination System (NPDES) discharges, and condition Water and Sewage (W&S) Plan amendment approvals in Tier II watersheds with no assimilative capacity.

26.08.02.04-1

Jan. 1, 2014

Advance Notice of Proposed Rulemaking (ANPRM) planned for early 2013 followed by rulemaking re: antidegradation policy changes (part of MD's Triennial Review)

Working with Operational Services (OS) and Water Management Administration (WMA) on a consensus for moving forward.

Water Quality Standards

Update MD's temperature regulations if agreed to by Water Management Administration (WMA) as well as upgrade certain waters to Use 3/4, where appropriate.

26.08.02.03-3

Jan. 1, 2014

Yes, as part of rule-making targeted for 2013 as part of MD's Triennial Review.

Working with WMA on a consensus for moving forward.

SB 674 Water Balance Regulations

To develop a drinking water allocation process that gives preference to communities in fractured rock areas.

26.17.06

Summer 2013

Yes

Draft regulations have been completed and are going to be submitted to the Director’s office for review during the week of April 29.

Drinking Water Laboratory Regulation Revisions

Regulations will be updated to reflect that the lab certification is being implemented by MDE.

26.04.01 and 26.08.05

July 2013

Yes

Comments have been received from Stakeholders regarding a fee increase for Laboratory Certification.

 

Final revisions to the regulations are expected to be completed in May 2013; the regulations will be forwarded to the AG’s office for review.

Shared Facilities

Update shared facilities regulations

26.04.05

October 2013

No

Earlier version reviewed by stakeholders in 2010. The updated version is under review by MDE and MDE’s designated approving authorities.

Water Supply & Sewerage Systems in the Subdivision of Land in Maryland

Update subdivision regulations

26.04.03

October 2013

No

Earlier version reviewed by stakeholders in 2010. The updated version is under review by MDE and MDE’s designated approving authorities.

Sewage Disposal & Certain Water Systems for Homes & Other Establishments Where Public Sewer Is Available

Update septic system regulations and include management measures for Best Available Technology (BAT) required by the Annotated Code

26.04.02

October 2013

No

Earlier version reviewed by stakeholders in 2010. The updated version is under review by MDE and MDE’s designated approving authorities.

 

The complete update of 26.04.02 was reviewed by stakeholders in 2010. The updated version is under review by MDE and MDE’s designated approving authorities.

Use of Reclaimed Water

Develop regulations for use of Class IV reclaimed water which is a high quality treated wastewater used for residential lawn irrigation, toilet flushing in commercial buildings and other unrestricted access water reuses.

26.08.11

None

Yes

Drafting

Non-tidal Wetland Regulations

State implementation of federal mitigation rule for In-Lieu Fee Programs

26.23

To be updated

To be updated

To be updated

Non-Tidal Wetland Regulations

State implementation of federal mitigation rule for In-Lieu Fee Programs

26.24

To be updated

To be updated

To be updated