Capitol Building Maryland Register

Issue Date:  December 30, 2022

Volume 49 •  Issue 27  • Pages 1103 —1148

IN THIS ISSUE

Judiciary

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 12, 2022 5 p.m.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 December 12, 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. 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 ...................................................................  1116

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1107

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources .........................  1110, 1113

10        Maryland Department of Health ............................  1110, 1113

11        Department of Transportation ..........................................  1118

12        Department of Public Safety and Correctional Services ...  1111

14        Independent Agencies .....................................................  1111

26        Department of the Environment ............................  1111, 1119

30        Maryland Institute for Emergency Medical Services
Systems (MIEMSS) .....................................................  1112

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................  1109

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

WILDLIFE

Open Seasons, Bag Limits for Game Birds and Game
   Animals .  1110

10  MARYLAND DEPARTMENT OF HEALTH

MARYLAND HEALTH CARE COMMISSION

Benchmarks for Preauthorization of Health Care
   Services .................................................................................  1110

State Recognition of an Electronic Advance
   Directives Service .  1110

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

POLICE TRAINING AND STANDARDS COMMISSION

Police Accountability Boards and Administrative Charging
   Committees .  1111

Uniform State Disciplinary Matrix .  1111

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

General Regulations .  1111

26  DEPARTMENT OF ENVIRONMENT

AIR QUALITY

Mobile Sources .  1111

30  MARYLAND INSTITUTE FOR EMERGENCY
   MEDICAL SERVICES SYSTEMS (MIEMSS)

GENERAL

Documents Incorporated by Reference .  1112

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

BOATING―SPEED LIMITS AND OPERATION OF
   VESSELS

Little Annemessex River ..........................................................  1113

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Dental Services .  1113

Physician Assistants .  1115

FOOD

Shellfish Sanitation ..................................................................  1116

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Telehealth .  1116

BOARD OF DIETETIC PRACTICE

Telehealth .  1117

11  DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

Tax Credits — Employer-Provided Commuter Benefits —
   Expansion and Administration .  1118

26 DEPARTMENT OF THE ENVIRONMENT

AIR QUALITY

Volatile Organic Compounds from Specific
   Processes
.  1119

Control of Methane Emissions from Municipal Solid Waste
   Landfills .  1119

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Notice of Final Determination — General Permit for
   Stormwater Discharges Associated with Construction
   Activity
.  1141

Water Quality Certification 22-WQC-0039 .........................  1142

Final Determination to Issue Stormwater Permit —
   Carroll County, Maryland — NO. 22-DP-3319,
   NPDES NO. MD0068331
.  1142

Final Determination to Issue Stormwater Permit —
   Charles County, Maryland — NO. 22-DP-3322,
   NPDES NO. MD0068365
.  1143

Final Determination to Issue Stormwater Permit —
   Frederick County, Maryland — NO. 22-DP-3321,
   NPDES NO. MD0068357
.  1143

Final Determination to Issue Stormwater Permit —
   Harford County, Maryland — NO. 22-DP-3310,
   NPDES NO. MD0068268 .................................................
 1144

Final Determination to Issue Stormwater Permit —
   Howard County, Maryland — NO. 22-DP-3318,
   NPDES NO. MD 0068322
.  1144

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Official Handgun Roster  1144

Proposed Additions to Handgun Roster and Notice of
   Right to Object or Petition
.  1144

DEPARTMENT OF TRANSPORTATION

OFFICE OF MINORITY BUSINESS ENTERPRISE

Announcement of Calendar Year 2023 Limitation on the
   Personal Net Worth (PNW) of a Socially and
   Economically Disadvantaged Individual as it relates
   to Certification of a Minority Business Enterprise
   (MBE)
 1146

 

General Notices

DEPARTMENT OF THE ENVIRONMENT

Public Meeting .  1147

Public Hearing .  1147

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  1147

Notice of Receipt of Letter of Intent to Reopen a Level II
   Neonatal Intensive Care Unit at the University of
   Maryland Capital Region Medical Center  1147

 

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.maryland.gov, 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
DECEMBER 2023

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2023

January 13

December 23**

December 30**

January 4

January 27

January 9

January 13**

January 18

February 10

January 23

January 30

February 1

February 24

February 6

February 13

February 15

March 10

February 17**

February 27

March 1

March 24

March 6

March 13

March 15

April 7

March 20

March 27

March 29

April 21

April 3

April 10

April 12

May 5

April 17

April 24

April 26

May 19

May 1

May 8

May 10

June 2

May 15

May 22

May 24

June 16

May 26**

June 5

June 7

June 30

June 12

June 16 **

June 21

July 14

June 26

July 3

July 5

July 28

July 10

July 17

July 19

August 11

July 24

July 31

August 2

August 25

August 7

August 14

August 16

September 8

August 21

August 28

August 30

September 22

September 1**

September 11

September 13

October 6

September 18

September 25

September 27

October 20

October 2

October 6**

October 11

November 3

October 16

October 23

October 25

November 17

October 30

November 6

November 8

December 1

November 13

November 20

November 22

December 15

November 27

December 4

December 6

December 29

December 11

December 18

December 20

 

   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.

The regular closing date for Proposals and Emergencies is Monday.

 

RegCodificationSystem
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by “(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 

03 COMPTROLLER OF THE TREASURY

 

03.02.01.03—.07,.09,.11—.22 • 49:21 Md. R. 954 (10-7-22)

03.02.03.01—.08 • 49:21 Md. R. 954 (10-7-22)

03.02.05.01—.12 • 49:21 Md. R. 954 (10-7-22)

03.02.06.01—.05 • 49:21 Md. R. 954 (10-7-22)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.20.05.01—.12 • 49:25 Md. R. 1054 (12-2-22)

 

07 DEPARTMENT OF HUMAN SERVICES

 

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

 

08 DEPARTMENT OF NATURAL RESOURCES

 

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

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

08.18.12.05 • 49:27 Md. R. 1113 (12-30-22)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.09.03.03 • 49:25 Md. R. 1057 (12-2-22)

09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)

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

09.37.05.01—.08 • 49:26 Md. R. 1083 (12-16-22)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitle 09 (2nd volume)

 

10.09.05.01,.03—.07 • 49:27 Md. R. 1113 (12-30-22)

10.09.31.01,.03—.06 • 49:22 Md. R. 982 (10-21-22)

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

10.09.49.03—.10 • 49:24 Md. R. 1028 (11-18-22)

10.09.55.03,.06 • 49:27 Md. R. 1115 (12-30-22)

10.09.95.05 • 49:23 Md. R. 999 (11-4-22)

10.09.96.01,.02,.05,.06 • 49:24 Md. R. 1028 (11-18-22)

 

     Subtitles 10—22 (3rd volume)

 

10.15.07.01 • 49:27 Md. R. 1116 (12-30-22) (ibr)

10.21.01.04,.08 • 49:23 Md. R. 1000 (11-4-22)

 

     Subtitles 23—36 (4th volume)

 

10.28.01.01—.06 • 49:26 Md. R. 1084 (12-16-22)

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)

10.40.12.01—.06 • 49:26 Md. R. 1085 (12-16-22)

10.41.06.01—.06 • 49:26 Md. R. 1087 (12-16-22)

10.42.10.01—.06 • 49:26 Md. R. 1088 (12-16-22)

10.46.08.01—.06 • 49:27 Md. R. 1116 (12-30-22)

 

     Subtitles 53—68 (6th volume)

 

10.56.10.01—.06 • 49:27 Md. R. 1117 (12-30-22)

10.58.06.01—.06 • 49:26 Md. R. 1090 (12-16-22)

10.58.16.02,.13—.19 • 49:26 Md. R. 1090 (12-16-22)

10.67.06.26-6 • 49:22 Md. R. 982 (10-21-22)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.01.18.01—.06 • 49:27 Md. R. 1118 (12-30-22)

11.02.06.01,.02 • 49:26 Md. R. 1092 (12-16-22)

11.03.01.01,.04 • 49:25 Md. R. 1057 (12-2-22)

11.07.07.02,.06,.09 • 49:23 Md. R. 1001 (11-4-22)

 

     Subtitles 11—23 (MVA)

 

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

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

11.17.09.08 • 49:24 Md. R. 1031 (11-18-22)

 

13A STATE BOARD OF EDUCATION

 

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

13A.03.05.02—.04 • 49:26 Md. R. 1093 (12-16-22)

13A.06.10.01—.05 • 49:26 Md. R. 1093 (12-16-22)

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

13A.08.01.01 • 49:26 Md. R. 1095 (12-16-22)

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)

13A.15.01.02 • 49:24 Md. R. 1032 (11-18-22)

13A.15.04.03 • 49:24 Md. R. 1032 (11-18-22)

13A.15.13.01—.10 • 49:24 Md. R. 1032 (11-18-22)

13A.15.14.01—.09 • 49:24 Md. R. 1032 (11-18-22)

13A.15.15.01—.08 • 49:24 Md. R. 1032 (11-18-22)

13A.15.16.01—.04 • 49:24 Md. R. 1032 (11-18-22)

 

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)

14.39.02.06 • 49:23 Md. R. 1011 (11-4-22)

 

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)

 

20 PUBLIC SERVICE COMMISSION

 

20.50.02.02 • 49:25 Md. R. 1058 (12-2-22) (ibr)

20.50.09.01,.06,.14 • 49:26 Md. R. 1095 (12-16-22)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.03.04.01—.11 • 49:25 Md. R. 1059 (12-2-22)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

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

26.11.19.20 • 49:27 Md. R. 1119 (12-30-22)

26.11.42.01—.11 • 49:27 Md. R. 1119 (12-30-22) (ibr)

 

27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

 

27.01.01.01 • 49:25 Md. R. 1062 (12-2-22)

27.01.02.06-1,.06-3 • 49:25 Md. R. 1062 (12-2-22)

27.01.04.01,.01-1,.02,.03 • 49:25 Md. R. 1062 (12-2-22)

27.01.09.01,.01-2,.01-3 • 49:25 Md. R. 1062 (12-2-22)

27.01.14.06 • 49:25 Md. R. 1062 (12-2-22)

27.02.01.01 • 49:25 Md. R. 1062 (12-2-22)

27.02.05.05,.15-3 • 49:25 Md. R. 1062 (12-2-22)

 

33 STATE BOARD OF ELECTIONS

 

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

33.11.04.04 • 49:25 Md. R. 1065 (12-2-22)

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of this Court dated November 18, 2022, JEFFREY LAWSON (CPF# 0404010001), As of December 5, 2022, Jeffrey Lawson’s name has been replaced on the register of attorneys permitted to practice law in the Court of Appeals of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).

 

     This is to certify that by an Order of this Court dated December 16, 2022, ISAAC H. MARKS (CPF# 8612010337), As of December 16, 2022, Isaac Marks’ name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).

 

     This is to certify that by an Order of this Court dated December 16, 2022, TERENCE TANIFORM (CPF# 1712140218), As of December 16, 2022, Terence Taniform has been indefinitely suspended and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).

[22-27-01]

 

 

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 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 03 WILDLIFE

08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals

Authority: Natural Resources Article, §10-410, Annotated Code of Maryland

Notice of Final Action

[22-192-F]

On December 14, 2022, the Secretary of Natural Resources adopted amendments to Regulation .01 under COMAR 08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals. This action, which was proposed for adoption in 49:22 Md. R. 981—982 (October 21, 2022), has been adopted as proposed.

Effective Date: January 9, 2023.

JEANNIE HADDAWAY-RICCIO
Secretary

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 25 MARYLAND HEALTH CARE COMMISSION

10.25.17 Benchmarks for Preauthorization of Health Care Services

Authority: Health-General Article §§19-101 and 19-108.2, Annotated Code of Maryland

Notice of Final Action

[22-157-F]

On November 17, 2022, the Maryland Health Care Commission adopted amendments to Regulations .01─.05 under COMAR 10.25.17 Benchmarks for Preauthorization of Health Care Services. This action, which was proposed for adoption in 49:19 Md. R. 876—878 (September 9, 2022), has been adopted with the nonsubstantive changes shown below.

Effective Date: January 9, 2023.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

Regulation .05C(3): The change made to the regulation is a minor revision that reverts the duration of the waiver from 5 years back to 2 years, as is currently required by regulation. There are no limits on the number of times a payer can request that a waiver can be renewed, and the request process is not onerous. The change in duration does not appreciably increase the burden on any affected party.

.05 Waiver from Benchmark Requirement.

A.—B. (proposed text unchanged)

C. Issuance of Waiver.

(1)—(2) (proposed text unchanged)

(3) A waiver or renewal of a waiver shall be valid for [[5]] 2 years, unless withdrawn by the Executive Director.

D.—F. (proposed text unchanged)

RANDOLPH S. SERGENT, ESQ.
Chair

 

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 Final Action

[22-180-F]

On December 15, 2022, the Maryland Health Care Commission adopted amendments to Regulations .02—.04, .07, and .08, under COMAR 10.25.19 State Recognition of an Electronic Advance Directives Service. This action, which was proposed for adoption in 49:20 Md. R. 916—918 (September 23, 2022), has been adopted as proposed.

Effective Date: January 9, 2023.

RANDOLPH S. SERGENT, ESQ.
Chair

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 04 POLICE TRAINING AND STANDARDS COMMISSION

12.04.09 Police Accountability Boards and Administrative Charging Committees

Authority: Public Safety Article, §§3-114 and 3-208, Annotated Code of Maryland

Notice of Final Action

[22-202-F]

On December 20, 2022, the Maryland Police Training and Standards Commission adopted new Regulations .01―.07 under a new chapter, COMAR 12.04.09 Police Accountability Boards and Administrative Charging Committees. This action, which was proposed for adoption in 49:23 Md. R. 1002—1005 (November 4, 2022), has been adopted as proposed.

Effective Date: January 9, 2023.

WOODROW W. JONES
Chair
Maryland Police Training and Standards Commission

 

Subtitle 04 POLICE TRAINING AND STANDARDS COMMISSION

12.04.10 Uniform State Disciplinary Matrix

Authority: Public Safety Article, §§3-105, 3-114, and 3-208, Annotated Code of Maryland

Notice of Final Action

[22-201-F]

On December 20, 2022 the Maryland Police Training and Standards Commission adopted new Regulations .01―.05 under a new chapter, COMAR 12.04.10 Uniform State Disciplinary Matrix. This action, which was proposed for adoption in 49:23 Md. R. 1005—1010 (November 4, 2022), has been adopted as proposed.

Effective Date: January 9, 2023.

WOODROW W. JONES
Chair
Maryland Police Training and Standards Commission

 

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

14.22.01 General Regulations

Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland

Notice of Final Action

[22-199-F]

On December 20, 2022, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to Regulation .03 under COMAR 14.22.01 General Regulations. This action, which was proposed for adoption in Md. R. 49:23 1010 (November 4, 2022), has been adopted as proposed.

Effective Date: February 1, 2023.

DAVID SOULÉ, Ph.D.
Executive Director

 

Title 26
DEPARTMENT OF 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 Final Action

[22-175-F]

On December 19, 2022, the Secretary of the Environment adopted amendments to Regulation .02 under COMAR 26.11.20 Mobile Sources. This action, which was proposed for adoption in 49:20 Md. R. 927—928 (September 23, 2022), has been adopted as proposed.

Effective Date: January 9, 2023.

HORACIO A. TABLADA
Secretary of the Environment

 

Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subtitle 01 GENERAL

30.01.02 Documents Incorporated by Reference

Authority: Education Article, §§13-509 and 13-516, Annotated Code of Maryland

Notice of Final Action

[22-170-F-I]

On December 13, 2022, the Maryland Emergency Medical Services Board adopted amendments to Regulation .01 under COMAR 30.01.02 Documents Incorporated by Reference. This action, which was proposed for adoption in 49:19 Md. R. 896 (September 9, 2022), has been adopted as proposed.

Effective Date: January 9, 2023.

THEODORE R. DELBRIDGE, M.D.
Executive Director

 

Proposed Action on Regulations

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 18 BOATING―SPEED LIMITS AND OPERATION OF VESSELS

08.18.12 Little Annemessex River

Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland

Notice of Proposed Action

[22-343-P]

The Secretary of Natural Resources proposes to adopt new Regulation .05 under COMAR 08.18.12 Little Annemessex River.

Statement of Purpose

The purpose of this action is to create a new regulated speed area in Jones Creek located north of Janes Island in Somerset County, Maryland. The new speed zone area will mitigate demonstrated safety concerns to both life and property. Additionally, the new regulated speed zone area will promote safe vessel operations. The area will have a 6-knot speed limit zone effective on Saturdays, Sunday, and State holidays during the boating season (April 15—October 15).

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 Little Annemessex River – Jones Creek Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to boatingregspubliccomment.dnr@maryland.gov. Comments will be accepted through January 30, 2023. A public hearing has not been scheduled.

.05 Jones Creek.

A. Area. All of the waters upstream of a line beginning at a point, at or near Lat. 38° 1.707' N., Long. 75° 49.512' W., then running 35° to a point, at or near Lat. 38° 1.814' N., Long. 75° 49.418' W.

B. The speed limit for the area described in §A of this regulation is 6 knots on Saturdays, Sundays, and State holidays during the boating season.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.05 Dental Services

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Proposed Action

[22-276-P]

The Maryland Department of Health proposes to amend Regulations .01 and .03—.07 under COMAR 10.09.05 Dental Services.

Statement of Purpose

The purpose of this action is to:

(1) Expand covered services to include coverage for adults 21 years of age and older in accordance with Chs. 302 and 303 (H.B. 6 and S.B. 150), Acts of 2022, Maryland Medical Assistance Program — Dental Coverage for Adults;

(2) Allow reimbursement for services rendered via telehealth in compliance with COMAR 10.09.49 Telehealth Services;

(3) Clarify preauthorization requirements for periodontal services;

(4) Remove preauthorization requirements for occlusal adjustments; and

(5) Incorporate by reference the dental fee schedule for CY 2022.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action establishes Medicaid coverage for dental services for adults 21 years of age and older, effective January 1, 2023. The Program anticipates an economic impact of $82,312,692 in Fiscal Year (FY) 2023.

 

II. Types of Economic Impact.

Revenue

(R+/R-)

Expenditure (E+/E-)

Magnitude

 


A. On Issuing agency:

 

 

Maryland Department of Health

(E+)

$82,312,692

B. On other state agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

 

 

Providers

(+)

$80,250,292

E. On other industries or trade groups:

 

 

Providers

(+)

$2,062,400

F. Direct and indirect effects on public:

NONE

 

 

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

A, D, and E. This amount assumes:

(1) For dates of service beginning January 1, 2023, the Program will begin reimbursing for adult dental services. Presently, the Program only covers limited dental services for dual eligible participants through a pilot program.

(2) The estimated number of participants who will be eligible for the new adult dental benefit is 763,852. The Program estimates it will reimburse services at a rate of approximately $17.51 per member per month (PMPM). It will pay an additional $0.45 administrative payment per member per month for the Department’s vendor that manages the dental benefit.

(3) The total impact of this new benefit for the applicable six months of coverage in FY 2023 is $82,312,692.

(4) This amount is subject to a 60 percent blended federal match ($49,387,615.20 federal funds and $32,925,076.80 general funds).

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows:

The proposed action expands dental services coverage to all adults aged 21 and older effective January 1, 2023. To the extent that dental service providers who qualify as small businesses render services to newly eligible Maryland Medicaid adult participants, they will benefit from the expanded coverage of adult dental services.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through January 30, 2023. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(7) (text unchanged)

[(8) “Covered services” means:

(a) All medically necessary dental services for Medical Assistance or State Children’s Health Insurance Program (SCHIP) eligible children younger than 21 years old;

(b) Certain medically necessary dental services for pregnant women and REM participants 21 years old or older;

(c) Effective January 1, 2017, all medically necessary dental services for eligible former foster care participants younger than 26 years old;

(d) Effective June 1, 2019, certain medically necessary services for dual-eligible participants 21 through 64 years old; and

(e) Certain medically necessary services for postpartum women through the end of the postpartum period as defined in COMAR 10.09.24.02.]

[(9)] (8)[(14)] (13) (text unchanged)

[(15)] (14) “EPSDT certified provider” means a physician, physician assistant, or nurse practitioner certified by the Department to provide EPSDT services.

[(16)] (15)[(18)] (17) (text unchanged)

[(19)] (18) “Maryland Healthy Smiles Dental Program” means the Maryland Medicaid dental program [that provides coverage for:

(a) Eligible children younger than 21 years old;

(b) Eligible pregnant women 21 years old or older;

(c) Eligible adults 21 years old or older enrolled in the Rare and Expensive Case Management (REM) program;

(d) Eligible former foster care participants younger than 26 years old; and

(e) Eligible participants who are:

(i) Dual eligible; and

(ii) 21 through 64 years old; and

(f) Postpartum women through the end of the postpartum period as defined in COMAR 10.09.24.02].

[(20)] (19)[(33)] (32) (text unchanged)

.03 Provider Qualifications and Conditions for Participation.

A. General requirements for participation in the Program are that a provider shall [meet all conditions for participation as set forth in COMAR 10.09.36.03.]:

(1) Comply with requirements set forth in COMAR 10.09.36; and

(2) If delivering services via telehealth, comply with COMAR 10.09.49 and any subregulatory

guidance issued by the Department.

B. [Specific requirements for participation in the Program] To participate in the Program as a dental provider [requires that the provider:], a provider shall meet the licensure requirements established in Regulation .02 of this chapter.

[(1) Meets the licensure requirements as provided in Regulation .02 of this chapter; and

(2) Not knowingly employ another person to provide services to Medical Assistance patients after that person has been disqualified from the Program unless prior approval has been received from the Department.]

C.—E. (text unchanged)

[F. For services provided pursuant to Regulation .04C of this chapter, the dental provider shall:

(1) Inform the participant in writing of the $800 annual cap on Medicaid coverage; and

(2) Obtain the participant’s written approval prior to beginning any services that cannot be completed within the cap amount.]

.04 Covered Services.

A. The Program covers [the following] medically necessary dental services for participants younger than 21 years old[,] and [effective January 1, 2017,] eligible former foster care participants younger than 26 years old, including but not limited to the following:

(1)—(9) (text unchanged)

B. The Program covers the following medically necessary dental services for [pregnant and postpartum participants, through the end of the postpartum period as defined in COMAR 10.09.24.02, and REM] participants 21 years old or older:

(1)(20) (text unchanged)

[C. As provided for in the budget, the Program covers the following medically necessary dental services, up to $800 per calendar year, for dual eligible participants who are 21 through 64 years old:

(1) Periodic, limited, and comprehensive oral examinations;

(2) X-rays, including:

(a) Single first and each additional intraoral periapical film limited to six per patient per 12 months;

(b) Single, two, three, or four film bitewings which is limited to one per patient per 12 months; and

(c) One panoramic radiographic image every 36 months;

(3) Prophylaxis for adults, which is limited to two per patient per 12 months;

(4) Amalgam restorations for permanent teeth for one, two, three, four, or more surfaces, which is limited to one identical restoration per tooth per 24 months;

(5) Resin restorations for anterior permanent teeth for one, two, three, four, or more surfaces or involving incisal angle, which are limited to one identical restoration per tooth per 24 months; and

(6) Simple or surgical extractions of an erupted tooth or roots.]

[D.] C. The Program shall reimburse for covered services in [§§A—C] §§A and B of this regulation if:

(1) The services are rendered in:

(a)—(f) (text unchanged)

(g) An approved mobile dental unit; [or]

(h) A Medicare-certified ambulatory surgical center; or

(i) Via telehealth in compliance with COMAR 10.09.49.

(2)—(4) (text unchanged)

.05 Limitations.

A.B. (text unchanged)

[C. On an annual basis, the Department may evaluate coverage of dental services for dual eligible participants who are 21 through 64 years old on the standards of cost and quality.]

.06 Preauthorization Requirements.

A. (text unchanged)

B. Preauthorization is required for the following:

(1)—(4) (text unchanged)

(5) [Periodontal] Certain periodontal services;

(6)—(14) (text unchanged)

[(15) Occlusal adjustment, limited and complete;]

[(16)] (15)[(22)] (21) (text unchanged)

C.—F. (text unchanged)

.07 Payment Procedures.

A.—D. (text unchanged)

E. The current Maryland Medicaid Dental Services Fee Schedule and Procedure Codes CDT is incorporated by reference, effective [January 1, 2020] July 1, 2022.

F. (text unchanged)

[G. Pursuant to Regulation .03F of this chapter, to obtain compensation from the Department for rendering services outlined in Regulation .04C of this chapter, the provider shall:

(1) Inform the participant in writing of the $800 annual cap on Medicaid coverage; and

(2) Obtain the participant’s written approval before beginning any services that cannot be completed within the cap amount.]

[H.] G.[O.] N. (text unchanged)

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.55 Physician Assistants

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Proposed Action

[22-290-P]

The Secretary of Health proposes to amend Regulations .03 and .06 under COMAR 10.09.55 Physician Assistants.

Statement of Purpose

The purpose of this action is to align regulations with current policy and practice related to services rendered via telehealth.

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 Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 30, 2023. A public hearing has not been scheduled.

.03 Conditions for Participation.

A. A physician assistant shall [meet all conditions for participation as set forth in COMAR 10.09.36.03.]:

(1) Meet all general provider requirements set forth in COMAR 10.09.36; and

(2) If delivering services via telehealth, comply with COMAR 10.09.49 and any subregulatory guidance issued by the Department.

B.—E. (text unchanged)

.06 Payment Procedures.

A.—F. (text unchanged)

G. The provider may not bill the Program for:

(1)—(2) (text unchanged)

(3) Professional services rendered by mail [or telephone]; and

(4) (text unchanged)

H.—J. (text unchanged)

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 15 FOOD

10.15.07 Shellfish Sanitation

Authority: Health-General Article, §§18-102, 21-211, 21-234, 21-304, and
21-346—21-350, Annotated Code of Maryland

Notice of Proposed Action

[22-302-P-I]

The Secretary of Health proposes to amend Regulation .01 under COMAR 10.15.07 Shellfish Sanitation.

Statement of Purpose

The purpose of this action is to update to the most recent revision of the incorporation by reference of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.

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 Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 30, 2023. A public hearing has not been scheduled.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the National Shellfish Sanitation Program (NSSP), Guide for the Control of Molluscan Shellfish, 2019 Revision, Section I. Purpose & Definitions and Section II. Model Ordinance except for Chapter IV, Shellstock Growing Areas, has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 49:1 Md. R. 9 (January 3, 2022), and is available online at www.dsd.state.md.us. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.01 Incorporation by Reference.

In this chapter, the following documents are incorporated by reference:

A. National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish [2017] 2019 Revision, Section I. Purpose & Definitions and Section II. Model Ordinance except for Chapter IV, Shellstock Growing Areas; and

B. (text unchanged)

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 46 BOARD OF OCCUPATIONAL THERAPY PRACTICE

10.46.08 Telehealth

Authority: Health Occupations Article, §§1-1001—1-1006, Annotated Code of Maryland

Notice of Proposed Action

[22-296-P]

The Secretary of Health proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 10.46.08 Telehealth. This action was considered by the Board of Occupational Therapy Practice at a public meeting held on October 23, 2020, notice of which was given by publication on the Board’s website at https://health.maryland.gov/botp/Pages/home.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to provide new guidelines for occupational therapists for the practice of telehealth pursuant to Chs. 15 and 16, Acts of 2020.

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 Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 30, 2023. A public hearing has not been scheduled.

.01 Scope.

A. This chapter governs the practice of occupational therapy or limited occupational therapy using telehealth as an adjunct to, or replacement for, in-person patient visits.

B. Nothing in this chapter restricts or limits reimbursement requirements pursuant to Health-General Article and Insurance Article, Annotated Code of Maryland.

.02 Definitions.

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

B. Terms Defined.

(1) “Asynchronous” means not occurring in real time.

(2) “Board” means the Maryland Board of Occupational Therapy Practice.

(3) “In-person” means within the physical presence of the patient.

(4) “Synchronous” means occurring in real time.

(5) “Telehealth” has the meaning stated in Health Occupations Article, §1-1001, Annotated Code of Maryland.

(6) “Telehealth practitioner” means a Maryland licensed occupational therapist or limited occupational therapist performing telehealth services within their respective scope of practice.

.03 Licensure.

A. Subject to the provisions of Health Occupations Article, §10-301, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland when providing telehealth services to a patient located in the State.

B. Telehealth practitioners licensed in this State are subject to the jurisdiction of the State and shall abide by the telehealth requirements of this chapter if either the practitioner or patient is physically located in this State.

.04 Standards of Practice for Telehealth.

A. Before providing telehealth services, a telehealth practitioner shall develop and follow a procedure to:

(1) Verify the identification of the patient receiving telehealth services within a reasonable degree of certainty through use of:

(a) A government-issued photograph identification;

(b) An insurance, Medicaid, or Medicare card; or

(c) Documentation of the patient’s:

(i) Date of birth; and

(ii) Home address;

(2) For an initial patient encounter, disclose the telehealth practitioner’s:

(a) Name;

(b) Maryland license number and type; and

(c) Contact information;

(3) Obtain oral or written consent from a patient or patient’s parent or guardian if State law requires the consent of a parent or guardian, including informing patients of the risks, benefits, and side effects of the recommended treatment plan;

(4) Securely collect and transmit a patient’s medical health information, clinical data, clinical images, laboratory results, and self-reported medical health and clinical history, as necessary, and prevent access to data by unauthorized persons through encryption or other means;

(5) Notify patients in the event of a data breach;

(6) Ensure that the telehealth practitioner provides a secure and private telehealth connection that complies with federal and state privacy laws; and

(7) Establish safety protocols to be used in the case of an emergency, including contact information for emergency services at the patient’s location.

B. Except when providing asynchronous telehealth services, a telehealth practitioner shall:

(1) Obtain or confirm an alternative method of contacting the patient in case of a technological failure;

(2) Confirm whether the patient is in Maryland and identify the specific practice setting in which the patient is located; and

(3) Identify all individuals present at each location and confirm they are allowed to hear the patient’s health information.

C. A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable for in-person occupational therapy practice appointments.

.05 Patient Evaluation.

A. An occupational therapist who practices telehealth shall:

(1) Perform a synchronous or asynchronous clinical patient evaluation that is appropriate for the patient and the condition with which the patient presents before providing a treatment plan through telehealth; and

(2) If clinically appropriate for the patient, provide or refer a patient to:

(a) In-person treatment; or

(b) Another type of telehealth service.

B. A telehealth practitioner may not treat a patient based solely on an online questionnaire.

.06 Telehealth Practitioner Discipline.

A. The Board shall use the same standards of evaluating and investigating a complaint about and in disciplining a telehealth practitioner who practices telehealth as it would use for a licensee who does not use telehealth technology in the licensee’s practice.

B. The failure of a telehealth practitioner to comply with this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 56 BOARD OF DIETETIC PRACTICE

10.56.10 Telehealth

Authority: Health Occupations Article, §§1-901—1-903, 1-1001—1-1006, and 5-205, Annotated Code of Maryland

Notice of Proposed Action

[22-300-P]

The Secretary of Health proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 10.56.10 Telehealth. This action was considered by the Board of Dietetic Practice at a public meeting held on September 16, 2021, notice of which was given by publication on the Board’s website at Pages — Board of Dietetic Practice (maryland.gov) pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to provide new guidelines for dieticians for the practice of telehealth pursuant to Chs. 15 and 16, Acts of 2020.

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 Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-225), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 30, 2023. A public hearing has not been scheduled.

.01 Scope.

A. This chapter governs the practice of dietetics using telehealth as an adjunct to, or replacement for, in-person patient visits.

B. Nothing in this chapter restricts or limits reimbursement requirements pursuant to the Health-General Article and Insurance Article, Annotated Code of Maryland.

.02 Definitions.

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

B. Terms Defined.

(1) “Asynchronous” means not occurring in real time.

(2) “Board” means the Maryland Board of Dietetic Practice.

(3) “In-person” means within the physical presence of the patient.

(4) “Synchronous” means occurring in real time.

(5) “Telehealth” has the meaning stated in Health Occupations Article, §1-1001, Annotated Code of Maryland.

(6) “Telehealth practitioner” means a Maryland licensed dietician performing telehealth services within their respective scope of practice.

.03 Licensure.

A. Subject to the provisions of Health Occupations Article, §5-301, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland when providing telehealth services to a patient located in the State.

B. Telehealth practitioners licensed in this State are subject to the jurisdiction of the State and shall abide by the telehealth requirements of this chapter if either the practitioner or patient is physically located in this State.

.04 Standards of Practice for Telehealth.

A. Before providing telehealth services, a telehealth practitioner shall develop and follow a procedure to:

(1) Verify the identification of the patient receiving telehealth services within a reasonable degree of certainty through use of:

(a) A government-issued photograph identification;

(b) An insurance, Medicaid, or Medicare card; or

(c) Documentation of the patient’s:

(i) Date of birth; and

(ii) Home address;

(2) For an initial patient encounter, disclose the telehealth practitioner’s:

(a) Name;

(b) Maryland license number and type; and

(c) Contact information;

(3) Obtain oral or written consent from a patient or patient’s parent or guardian if State law requires the consent of a parent or guardian, including informing patients of the risks, benefits, and side effects of the recommended treatment plan;

(4) Securely collect and transmit a patient’s medical health information, clinical data, clinical images, laboratory results, and self-reported medical health and clinical history, as necessary, and prevent access to data by unauthorized persons through encryption or other means;

(5) Notify patients in the event of a data breach;

(6) Ensure that the telehealth practitioner provides a secure and private telehealth connection that complies with federal and state privacy laws; and

(7) Establish safety protocols to be used in the case of an emergency, including contact information for emergency services at the patient’s location.

B. Except when providing asynchronous telehealth services, a telehealth practitioner shall:

(1) Obtain or confirm an alternative method of contacting the patient in case of a technological failure;

(2) Confirm whether the patient is in Maryland and identify the specific practice setting in which the patient is located; and

(3) Identify all individuals present at each location and confirm they are allowed to hear the patient’s health information.

C. A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable for in-person dietetic practice appointments.

.05 Patient Evaluation.

A. A dietician who practices telehealth shall:

(1) Perform a synchronous or asynchronous clinical patient evaluation that is appropriate for the patient and the condition with which the patient presents before providing a treatment plan through telehealth; and

(2) If clinically appropriate for the patient, provide or refer a patient to:

(a) In-person treatment; or

(b) Another type of telehealth service.

B. A telehealth practitioner may not treat a patient based solely on an online questionnaire.

.06 Telehealth Practitioner Discipline.

A. The Board shall use the same standards of evaluating and investigating a complaint about and in disciplining a telehealth practitioner who practices telehealth as it would use for a licensee who does not use telehealth technology in the licensee’s practice.

B. The failure of a telehealth practitioner to comply with this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board.

DENNIS R. SCHRADER
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 01 OFFICE OF THE SECRETARY

11.01.18 Tax Credits — Employer-Provided Commuter Benefits — Expansion and Administration

Authority: Environment Article, §2-901; Transportation Article, §2-103; Annotated Code of Maryland

Notice of Proposed Action

[22-215-P]

The Secretary of the Maryland Department of Transportation proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 11.01.18 Tax Credits — Employer-Provided Commuter Benefits — Expansion and Administration.

Statement of Purpose

The purpose of this action is to implement the requirements of Ch. 118 (S.B. 210), Acts of 2022, and to ensure compliance with transportation congestion relief and air quality mitigation goals by establishing an application process for employers that provide commuter benefits to receive the tax credit described in Environment Article, §2-901, Annotated Code of Maryland.

Estimate of Economic Impact

I. Summary of Economic Impact. Alters the existing commuter benefit income tax credit by (1) extending eligibility to certain employer-funded programs and (2) limiting to $1.0 million the maximum amount of tax credits MDOT may award in each fiscal year. As a result, Transportation Trust Fund (TTF) revenues may decrease by about $400,000 annually beginning in fiscal 2023 as a result of additional tax credits claimed against the personal and corporate income tax. This estimate assumes (1) a similar amount of tax credits would have been claimed under current law as in recent years; (2) the maximum amount of authorized credits under the bill is awarded; and (3) additional tax credits are claimed against the personal income tax. TTF and HEIF revenues will decrease beginning in fiscal 2023 to the extent additional tax credits are claimed against the corporate income tax. A portion of TTF revenues is used to provide capital transportation grants to local governments. Thus, any decrease in TTF revenues from reduced corporate income tax revenues results in a 13.5 percent decrease in TTF expenditures to local governments (9.6 percent beginning in fiscal 2025). Accordingly, TTF expenditures decrease beginning in fiscal 2023; however, the impact is not expected to be significant.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency

R-

$170,000

B. On other State agencies:

R-

$830,000

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A and B. MDOT assumes a growth of 1.7 percent to 3.5 percent a year over the four-year period (FY 2024 to FY 2027). This assumption is based on a Commuter Choice Maryland Program goal to have increased business participation in the tax credit year by at least 2 percent annually and taking into account reasonable results of outreach to the business community.

The $1.0 million maximum amount of tax credits was mandated in the statute.

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 Stacey King, TDM Specialist, Maryland Department of Transportation, 7201 Corporate Center Dr. Hanover, MD 21076, or call 410-865-1279, or email to sking8@mdot.maryland.gov. Comments will be accepted through January 30, 2023. A public hearing has not been scheduled.

.01 Purpose.

The purpose of this chapter is to implement the requirements of Chapter 118, Acts of 2022, by establishing an application process for employers that provide commuter benefits to receive the tax credit described in Environment Article, §2-901, Annotated Code of Maryland, and in compliance with transportation congestion relief and air quality mitigation goals.

.02 Definition.

In this chapter, “business entity” has the meaning stated in Environment Article, §2–901, Annotated Code of Maryland.

.03 Application for Commuter Tax Credit.

A. A business entity shall provide the Department with a completed online application.

B. The Department shall approve all applications that qualify for a tax credit certificate.

.04 Who May Request.

Any business entity may request a commuter tax credit on a tax return for the tax year in which a commuter benefit was paid.

.05 Period of Validity.

A. A claim for a refund may not be filed after 3 years from the date of the tax, and, if the commuter tax credit is more than the State tax liability, the unused credit may not be carried forward to any other year.

B. For any fiscal year, the total amount of the tax credit certificates issued by the Department for the credit allowed may not exceed $1,000,000.

C. For taxable years beginning after December 31, 2012, the income tax credit is available only on an electronically filed income tax return for the tax year in which the credit is being claimed.

.06 Required Proofs.

A. The Form 500CR section of the income tax return shall be completed.

B. State and Local Income Taxes Withheld. Form MW508CR shall be submitted with Form MW508, the Maryland Annual Employer Withholding Reconciliation Report, in order to claim this credit against Maryland income tax withheld. If the tax-exempt entity is required to file the MW508 electronically, then the MW508CR shall be filed with an amended MW508A, as the MW508CR is not available electronically at this time.

JAMES F. PORTS, JR.
Secretary of Transportation

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY

Notice of Proposed Action

[22-260-P-I]

The Secretary of the Environment proposes to:

(1) Repeal existing Regulation .20 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes; and

(2) Adopt new Regulations .01—.11 under a new chapter, COMAR 26.11.42 Control of Methane Emissions from Municipal Solid Waste Landfills.

Statement of Purpose

     The purpose of this action is to repeal existing COMAR 26.11.19.20 – Control of Landfill Gas Emissions from Municipal Solid Waste Landfills, and adopt new requirements and standards to reduce methane emissions from Municipal Solid Waste (MSW) landfills in Maryland under a new chapter COMAR 26.11.42 – Control of Emissions from Municipal Solid Waste Landfills. The new proposed chapter and regulations in this action also incorporate provisions from the federal rules 40 CFR 60, Subparts Cf (Emission Guidelines), 40 CFR 60, Subpart XXX (New Source Performance Standards) and 40 CFR 63, Subpart AAAA (National Emissions Standards for Hazardous Air Pollutants) for MSW landfills.

     The new regulations will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland’s state plan for MSW landfills under the Clean Air Act (CAA) section 111(d). The state plan will be equivalent or more stringent than existing federal regulations (40 CFR 60, Subparts Cf and XXX and 40 CFR 63, Subpart AAAA) for MSW landfills. The state plan will be submitted to EPA to replace the federal implementation plan requirements (40 CFR 62, Subpart OOO – Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction on or Before July 17, 2014, and Have Not Been Modified or Reconstructed Since July 17, 2014) effective as of June 21, 2021.

 

Introduction

     A MSW landfill is a parcel of land that accepts garbage or non-hazardous residential and commercial wastes. As the waste decomposes it produces landfill gas that is composed of several greenhouse gases (GHGs). The gases produced at landfills include methane — a short-lived but significant GHG with a global warming potential more than 25 times that of carbon dioxide. Landfills are the second largest industrial source of methane emissions in the United States. The Maryland Department of the Environment (MDE or Department) has concurred with recent research findings which shows that MSW landfills in Maryland are the single largest source for the state’s methane emissions and these emissions are approximately four times higher than previously thought.

     Addressing climate change and reducing GHG emissions has been a major focus in Maryland for the past decade. This led to the adoption of the Greenhouse Gas Reduction Act (GGRA) in 2009 (amended in 2016,) which requires the state to reduce GHG emissions, which has been a focus of the Maryland Commission on Climate Change (MCCC). The MCCC Mitigation Working Group has developed and adopted mitigation strategies to reduce GHG emissions, with specific strategies aimed at reducing methane emissions from MSW landfills. Additionally, the Department researched other state regulation requirements for measurement and control strategies to address methane emissions from MSW landfills. The Department is proposing to implement regulatory requirements for owners and operators of new and existing MSW landfills, which include surface emission monitoring, detecting and repairing landfill gas leaks, recordkeeping and reporting requirements, and installing and operating emission control systems based upon the regulatory applicability.

     Additional climate change abatement strategies include the Department forming partnerships with state agencies, local jurisdictions, environmental advocacy groups, and the private and public sectors to limit the amount of methane generating waste that enters landfills through waste diversion. Waste diversion combines both recycling and source reduction activities. These strategies have been effective in reducing methane emissions from landfills and helping to meet Maryland’s climate goals.

 

Background — Federal Standards

     On August 29, 2016, the EPA published final updates to its New Source Performance Standards (NSPS) to reduce landfill gas emissions and its components, including methane from MSW landfills under 40 CFR 60, Subpart XXX (Standards of Performance for Municipal Solid Waste Landfills). The NSPS requirements apply to MSW landfills constructed, modified, or reconstructed on or after July 17, 2014. In a separate action, EPA also published emission guidelines (EG) for reducing emissions from existing MSW landfills under 40 CFR 60, Subpart Cf (Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills). These emission guidelines and compliance times apply to MSW landfills that commenced construction, modification, or reconstruction on or before July 17, 2014.

     Since 2016, the implementation of the state plan requirements under the federal EG rule have been stalled by delays and litigation against EPA. On May 21, 2021, the EPA published a final rule that covers 41 states, including Maryland, under a Federal Implementation Plan (FIP) documented at Regulations.gov [EPA–HQ–OAR–2019–0338; FRL–10022–82– OAR]. Existing MSW landfills in Maryland are currently subject to the FIP requirements (40 CFR 62, Subpart OOO — Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction on or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014), until Maryland submits the state plan replacement. The federal regulations include specific monitoring, and recordkeeping and reporting requirements for owners and operators of MSW landfills. Also, the federal regulations require owners and operators of landfills meeting certain criteria to install and operate a gas collection and control system.

 

Background — Maryland

     Since 1998, MDE’s Air and Radiation Administration (ARA) has regulated landfill emissions from MSW landfills under COMAR 26.11.19.20 – Control of Landfill Gas Emissions from Municipal Solid Waste Landfills, which was approved as a federal state plan under 111(d). COMAR 26.11.19.20 applies to MSW landfills with a design capacity greater than or equal to 2,750,000 tons and 3,260,000 cubic yards of waste; landfills constructed, reconstructed, or modified before May 30, 1991; and landfills that received waste on or after November 8, 1987. COMAR 26.11.19.20 includes a threshold for installing a gas collection and control system (GCCS) when the non-methane organic compounds (NMOC) measure greater than or equal to 50 megagrams per year (Mg/yr).

     Additionally, MSW landfills are regulated by MDE’s Land Management Administration (LMA) under COMAR 26.04.07, which requires MSW landfills to have liners and leachate collection systems that collect leachate and prevent migration of pollutants out of the landfill to adjacent subsurface soil, groundwater, and surface water. While the new regulations will also regulate landfills already subject to requirements under COMAR 26.04.07, MDE’s ARA and LMA are coordinating the review and implementation of this action.

 

Sources Affected and Location

     This proposed action requires MSW landfills in Maryland – depending on criteria such as size, age, and methane generation rate to meet certain requirements and standards. According to MDE’s 2017 Greenhouse Gas Inventory, published on the MDE’s website, there are several MSW landfills with the capability of producing landfill gas, which could be subject to the new requirements and standards.

     There are both active landfills and closed landfills in the state. An active MSW landfill is a landfill in which solid waste is being placed or planned to accept waste in the future. A closed MSW landfill is a landfill that is no longer accepting solid waste for disposal and has documentation that the closure was conducted in accordance with the applicable statutes, regulations, and local ordinances in effect at the time of closure. The Department estimates 32 active and closed landfills will be subject to the proposed regulation, as applicable.

 

Requirements

     This proposed action will apply to active and closed MSW landfills that have accepted waste after November 8, 1987, that have a design capacity greater than or equal to 2,750,000 tons and 3,260,000 cubic yards of waste; and, active and closed MSW landfills that have accepted waste after December 31, 1993 that have less than 2,750,000 tons or 3,260,000 cubic yards of waste-in-place but greater than 450,000 tons of waste-in-place. Certain types of landfills, such as those that receive only controlled hazardous substances (CHS) as defined in COMAR 26.13.01.03B, construction and demolition waste (C&D), inert waste, or non-decomposable waste are exempt. Closed and inactive MSW landfills with less than 450,000 tons of waste-in-place are also exempt under the new regulations. Additionally exempt are closed MSW landfills or inactive areas of active MSW landfills that have less than 2,750,000 tons or 3,260,000 cubic yards of waste-in-place, but greater than 450,000 tons of waste-in-place with solar panels or arrays that have commenced installation prior to January 1, 2024. The new regulations are equivalent or more stringent than 40 CFR 60, Subparts Cf and XXX, 40 CFR 62, Subpart OOO and 40 CFR 63, Subpart AAAA. The new regulations will require MSW landfills to conduct emission monitoring and may require certain MSW landfills to install and operate a GCCS. These measures are intended to reduce methane emissions from MSW landfills.

     The new regulations include the following requirements and standards:

          Requirements for MSW Landfills:

o Active MSW landfills with less than 450,000 tons of waste-in-place will continue to submit annual tonnage reports in accordance with their Refuse Disposal Permit under COMAR 26.04.07.

o MSW landfills with greater than or equal to 450,000 tons of waste-in-place are required to submit an initial waste-in-place report and calculate the methane generation rate. Based on the methane generation rate and status of the landfill (active, closed, or inactive), a MSW landfill may be subject to additional requirements, including installation of a GCCS and monitoring provisions.

o MSW landfills with a calculated methane generation rate greater than 8,548 tons per year are required to install a GCCS.

o MSW landfills that do not have a GCCS and have a calculated methane generation rate between 732 and 8,548 tons per year are required to perform quarterly surface emissions monitoring for 1 year. Depending on the results, the landfill may be subject to additional requirements, including installation of a GCCS and monitoring provisions.

o MSW landfills with more than 450,000 tons of waste-in-place that add liquids other than leachate to the waste (to reach a moisture content of at least 40%) to enhance the anaerobic biodegradation of the waste are required to install and operate a GCCS.

o MSW landfills with an existing GCCS may be required to have a design plan review to determine regulatory adherence and are required to perform surface emissions monitoring.

o MSW landfills that install a new GCCS are required to submit a design plan according to the new regulation requirements one year after a compliance trigger.

o MSW landfills, regardless of size, are subject to maintenance requirements that include maintaining cover integrity and implementing a program for cover repairs to minimize landfill emissions.

     Requirements for Gas Collection and Control Systems:

o Owners and operators of MSW landfills installing a new or modified GCCS are required to submit a design plan to the Department in addition to meeting specific operating standards and requirements.

o The new regulation includes specific requirements for the use of certain types of GCCS, such as enclosed flares, open flares, and gas control devices other than flares.

o The new regulation includes additional requirements for GCCS, such as a wellhead gauge pressure requirement, well raising, wellhead sampling, and requirements for the repair and temporary shutdown.

o Owners and operators are required to conduct annual performance tests on gas control devices subject to the new regulation using specific test methods.

          Requirements for the Permanent Shutdown and Removal of a GCCS:

o The new regulation includes a provision that allows the owner or operator of a GCCS installed at a closed landfill or closed area of a landfill to permanently remove the system under certain conditions.

o Conditions include if the GCCS was in operation for at least 15 years; a calculated or measured methane generation rate less than 732 ton/year (based on three successive tests); surface methane concentration measurements not exceeding 200 parts per million by volume (ppmv); and, submittal of an equipment removal report to the Department.

o Owners and operators will be required to conduct surface methane concentration measurements over areas of the landfill with capped and removed GCCS for at least eight consecutive calendar quarters.

          Compliance Standards:

o The new regulation establishes a surface methane concentration limit of 500 ppmv (other than non-repeatable, momentary readings) as determined by instantaneous surface emissions monitoring and an average methane concentration limit of 25 ppmv as determined by integrated surface emissions monitoring for MSW landfills.

o Specific wellhead temperature requirements for GCCS interior wellhead in the collection system, which must operate at a landfill gas temperature of no less than 62.8 C (145 F).

o Exemptions to the surface methane concentration standards for certain areas of the landfill under specific circumstances, such as law enforcement activities requiring excavation.

          Alternative Compliance for MSW Landfills:

o Owners and operators may request alternatives to compliance measures, monitoring requirements, test methods, and other procedures in the new regulation in writing to the Department.

          Monitoring Requirements and Corrective Actions for MSW Landfills with GCCS:

o Owners and operators of MSW landfills with a GCCS must follow certain procedures when conducting surface emissions monitoring (both instantaneous and integrated surface monitoring).

o The regulation includes specific requirements and procedures for monitoring gas control systems such as enclosed flares and other gas control devices.

o The new regulation contains a component leak standard. Gas control system components that contain landfill gas and are under positive pressure must be monitored on a quarterly basis for leaks. Leaks above 500 ppmv must be tagged and repaired within a specified timeframe. Also, MSW landfills that have landfill gas-to-energy facilities will also have to monitor for leaks on a quarterly basis.

o Owners and operators of MSW landfills must conduct monthly wellhead monitoring to demonstrate that the gas extraction rate for the gas collection system is sufficient. Owners and operators must record the temperature, gauge pressure, and oxygen/nitrogen content of landfill gas emissions and take corrective actions for any positive pressure measurement or elevated temperature.

o The new regulation specifies that monitoring requirements apply at all times, with certain exceptions (e.g., periods of monitoring system malfunction, repair, or quality control and assurance activities). This is to ensure that the GCCS is operating optimally and to minimize methane emissions.

     The new regulations also include recordkeeping and reporting requirements for owners and operators of MSW landfills along with test methods and procedures to ensure compliance with the regulation.

          Solar panels at landfills

o All solar development projects at MSW landfill sites are subject to review and approval by MDE.

o All solar development projects submitted to the Department for review and approval will be handled through LMA (Solid Waste Program).

o Approved solar development plans at MSW landfill sites should include all documentation as required by MDE and satisfactorily address any relevant issues raised during the review process, including siting issues, impact on existing pollution controls, generation capacity, etc.

o Closed MSW landfills that closed or last accepted waste prior to July 17, 2014, have less than 2,750,000 tons or 3,260,000 cubic yards of MSW, and have solar panels or arrays that commenced installation prior to January 1, 2024 are exempt from the regulations.

o After January 1, 2024, closed MSW landfills or closed areas of active landfills with less than 2,750,000 tons or 3,260,000 cubic yards of MSW that newly install and operate solar panels or solar arrays will be required to meet certain requirements, such as an approved plan for the installation and operation of solar panels and comply with specific maintenance requirements and may submit an alternative compliance plan to meet the new regulation requirements.

o Large landfills over 2,750,000 tons waste capacity can install and operate solar panels or arrays and will be required to submit an alternative compliance plan for surface emissions monitoring in the solar panel area.

 

Emission Reductions

     The Department, under ARA’s Climate Change Program, has an established GHG Inventory as required under the Greenhouse Gas Emissions Reduction Act and the inventory is updated every 3 years.

     Emissions from MSW landfills are characterized and calculated using accepted industry standards along with some measured and reported figures. The methane and carbon dioxide (CO2) generation rates are modeled using EPA’s Landfill Gas Emissions Model tool “Land GEM”. Additional figures come from the landfill facility reporting to EPA Part 98 GHG reporting and from annual MDE emission certification reports.

     Landfill gas is typically composed of methane, CO2 and other volatile organic compounds. Landfill gas and potential methane production is unique to each landfill. Temperature, waste components, waste cell size, compaction, liners and covers, rainfall intensity, and
more are all factors in methane production and the design criteria to capture and reduce methane. Scientists report landfill generation curves with four phases. Methane generation begins as soon as trash is placed but maximizes between 5–20 years, then tapers off over the next decade or two.

     The Department used the 2020 draft GHG Inventory to calculate a range of anticipated emission reductions that will come from minimizing surface leaks and capturing and converting methane to CO2. By applying a range of emission reduction factors to the list of affected sources, the Department estimates 25-50% reduction in CO2 (CO2 and CO2 equivalent — using a GWP of 28) emissions from the affected landfills subject to this proposed regulation when fully implemented. The emission calculations and estimated reductions are a guide. Recordkeeping and reporting will supplement and confirm mitigation measures required from the proposed regulation are working.

     The new requirements and standards for MSW landfills are either equivalent or more stringent than current federal requirements for MSW landfills, such as component leak testing, surface emission monitoring, GCCS’, and recordkeeping and reporting schedules. Furthermore, the new requirements and standards for MSW landfills are more stringent than those under COMAR 26.11.19.20. This action will result in decreased methane emissions from MSW landfills in the state. The Department will continue to evaluate the emission reductions and benefits of this proposed action once the regulations are implemented.

Estimate of Economic Impact

I. Summary of Economic Impact. This proposed action will have a minimal economic impact on the Department for the compliance determination of design plans and reports. This action will have minimal or no economic impact on other state agencies.

     The majority of MSW landfills are owned and operated by local governments. Factors that could influence costs are landfill size, age, status (i.e., open, closed, active or inactive), and the amount of waste-in-place. The proposed action could have a potential impact on local governments as affected sources may incur capital costs from installing and operating new or modified emission control systems to meet requirements. Based on similar regulations promulgated by other states to reduce methane emissions from landfills, the capital cost associated with modifying an existing GCCS or installing a new GCCS can range from $1 -3 million. This is coupled with estimated operating and maintenance costs, ranging from $150,000 to $400,000/yr. There may be additional costs associated with monitoring (average annual costs around $60,000), and recordkeeping and reporting requirements.

     MDE estimates approximately 32 MSW landfills (11 closed and 21 active) meet the applicability requirements for age and waste-in-place, therefore are under consideration of the proposed regulations. MDE established the list of affected sources from the Air and Land Administration records.

     The proposed action will be beneficial to the public and the environment as methane is reduced and minimized. Short-lived climate pollutants, which include methane, are potent and harmful air pollutants that have a disproportionately large, short-term impact on climate change. Compared to CO2, and other longer-lived climate pollutants that stay in the atmosphere for centuries, short-lived climate pollutants have far more warming impact by weight. Reducing methane emissions will combat the adverse impacts of climate change in Maryland. Maryland is facing a wide variety of consequences from climate change, such as a climate that is trending warmer and wetter; impacts to Maryland’s ecosystems; damage to coastal and inland infrastructure from sea level rise, storm surge, and heavy rain events; climate-driven stressors in agriculture, fisheries, and forestry; and direct and indirect public health impacts.

 

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

State Agency Inspection

(E+)

Minimal

B. On other State agencies:

NONE

C. On local governments:

(E+)

Indeterminate

 

 

Benefit (+)
Cost (-)

Magnitude


D. On regulated industries or trade groups:

Affected Facilities

(-)

$8,000 — $460,000

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

Environmental Protection/Public Health

(+)

Indeterminate

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

A. Existing air compliance inspector staff will enforce these regulations.

C. Local Governments can be the affected facilities as owners and operators of MSW Landfills, see section D.

D. Affected facilities will be required to meet regulatory thresholds to trigger methane mitigation measures, a facility could spend between $8,000 — $460,000 annually. Some facilities might incur capital costs of between $1 — $3 million. Revenue from renewable energy projects was not estimated.

F. The proposed regulation will have a positive effect on public health and the environment. Short-lived climate pollutants (SLCPs) are harmful air pollutants and potent climate forcers with a much shorter lifespan in the atmosphere than carbon dioxide. Reducing emissions of methane will combat the adverse impacts of climate change in Maryland.

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 will hold a public hearing and comment period.

     Public Hearing MSW Landfills

     Wed, Feb 1, 2023 10:00 AM - 12:30 PM (EST)

          Please join my meeting from your computer, tablet or smartphone.

          https://meet.goto.com/394138141

     You can also dial in using your phone.

          United States (Toll Free): 1-877-309-2073

          Access Code: 394-138-141

     Interested persons are invited to attend the virtual public hearing and express their views.

     Comments must be received by 5:00 p.m. on February 1, 2023.

          Comments may be submitted to:

          Randy Mosier, Division Chief, Regulations Development

          Maryland Department of the Environment

          1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720

     or by email at randy.mosier@maryland.gov.

     For more information contact Randy Mosier at (410) 537-4488.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the following have been declared documents generally available to the public and appropriate for incorporation by reference:

(1) ASTM D6522-11, “Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers”, December 1, 2011; and

(2) ASTM D6522-20, “Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers”, June 1, 2020.

     For this reason, they will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these documents are filed in special public depositories located throughout the State.  A list of these depositories was published in 49:1 Md. R. 9 (January 3, 2022), and is available online at www.dsd.state.md.us. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401. 

 

26.11.42 Control of Methane Emissions from Municipal Solid Waste Landfills

Authority: Environment Article, §§1-404, 2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland

.01 Applicability and Exemptions.

A. This chapter applies to a person who owns or operates a municipal solid waste (MSW) landfill that has accepted waste after November 8, 1987.

B. This chapter does not apply to:

(1) Landfills that are permitted to accept controlled hazardous substances (CHS) as defined in COMAR 26.13.01.03B or are currently regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Chapter 103;

(2) Landfills that receive only construction and demolition wastes, inert waste, or non-decomposable wastes;

(3) Closed or inactive MSW landfills with:

(a) Less than 450,000 tons of waste-in-place; or

(b) A design capacity of less than 2,750,000 tons (2.5 million megagrams) and 3,260,000 cubic yards (2.5 million cubic meters) that last accepted waste before December 31, 1993; or

(4) Closed or inactive MSW landfills, or closed or inactive areas of an active MSW landfill, that have commenced installation of solar panels or arrays on or before January 1, 2024 and which meet the following requirements:

(a) The landfill, or inactive area of an active landfill, was closed or last accepted waste on or before July 17, 2014;

(b) The landfill, including all active and/or inactive areas combined, has less than 2,750,000 tons (2.5 million megagrams) or 3,260,000 cubic yards (2.5 million cubic meters) of MSW; and  

(c) The request to install solar panels or arrays is approved by the Department in writing based on project specifications and impacts to other requirements under this chapter.

C. Title V Operating Permits.

(1) The owner or operator of a MSW landfill which is subject to the provisions of this chapter and that has a design capacity equal to or greater than 2,750,000 tons and 3,260,000 cubic yards of MSW shall obtain an operating permit for the landfill in accordance with COMAR 26.11.03.

(2) When a MSW landfill subject to this section is closed, the owner or operator is no longer subject to the requirement to maintain an operating permit under COMAR 26.11.03 for the landfill if the landfill is not otherwise subject to the requirements of COMAR 26.11.03 and if either of the following conditions are met:

(a) The landfill was never subject to the requirement to install and operate a gas collection and control system under Regulation .04 of this chapter; or

(b) The landfill meets the conditions for control system removal specified in Regulation .06A of this chapter.

.02 Incorporation by Reference — Test Methods.

A. In this chapter, the following documents are incorporated by reference.

B. Documents Incorporated.

(1) EPA Method 2 (40 CFR Part 60, Appendix A-1, Section 10.3, as amended).

(2) EPA Method 3A (40 CFR Part 60, Appendix A, as amended).

(3) EPA Method 3C (40 CFR Part 60, Appendix A, as amended).

(4) EPA Method 10 (40 CFR Part 60, Appendix A, as amended).

(5) EPA Method 18 (40 CFR Part 60, Appendix A, as amended).

(6) EPA Method 21 (40 CFR Part 60, Appendix A, as amended).

(7) EPA Method 25 (40 CFR Part 60, Appendix A, as amended).

(8) EPA Method 25C (40 CFR Part 60, Appendix A, as amended).

(9) ASTM D6522-11, “Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, December 1, 2011.

(10) ASTM D6522-20, “Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, June 1, 2020.

.03 Definitions.

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

B. Terms Defined.

(1) “Active MSW landfill” means a MSW landfill in which solid waste is being placed or a MSW landfill that has been constructed at least in part and that is planned to accept waste in the future.

(2) “Bioreactor” means a landfill or portion of a landfill where any liquid other than leachate (leachate includes landfill gas condensate) is added in a controlled fashion into the waste mass (often in combination with recirculating leachate) to reach a minimum average moisture content of at least 40 percent by weight to accelerate or enhance the anaerobic (without oxygen) biodegradation of the waste.

(3) “Closed MSW landfill” means a MSW landfill that is no longer accepting solid waste for disposal and has documentation that the closure was conducted in accordance with the applicable statutes, regulations, and local ordinances in effect at the time of closure.

(4) “Component” means any equipment that is part of the gas collection and control system and that contains landfill gas including, but not limited to:

(a) Wells;

(b) Pipes;

(c) Flanges;

(d) Fittings;

(e) Flame arrestors;

(f) Knock-out drums;

(g) Sampling ports;

(h) Blowers;

(i) Compressors; and

(j) Connectors.

(5) Component Leak.

(a) “Component leak” means the concentration of methane measured one half an inch or less from a component source that equals or exceeds 500 parts per million by volume (ppmv), other than non-repeatable, momentary readings.

(b) “Component leak” includes measurements from any vault taken within 3 inches above the surface of the vault exposed to the atmosphere.

(6) “Construction and demolition waste” means waste building materials, packing, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures.

(7) “Continuous operation” means a gas collection and gas control system that is operated continuously, with the gas collection wells operating under vacuum while maintaining landfill gas flow and the collected landfill gas is processed by a gas control system 24 hours per day.

(8) “Corrective action analysis” means a description of all reasonable interim and long-term measures, if any, that are available, and an explanation of why the selected corrective action(s) is/are the best alternative(s), including, but not limited to consideration of:

(a) Cost effectiveness;

(b) Technical feasibility;

(c) Safety; and

(d) Secondary impacts.

(9) “Destruction efficiency” means a measure of the ability of a gas control device to combust, transform, or otherwise prevent emissions of methane from entering the atmosphere.

(10) “Disposal facility” means all contiguous land and structures, appurtenances, and other improvements used for the disposal of solid waste.

(11) “Enclosed combustor” means an enclosed flare, steam generating boiler, internal combustion engine, or gas turbine.

(12) “Energy recovery device” means any combustion device that uses landfill gas to recover energy in the form of steam or electricity, including, but not limited to:

(a) Gas turbines;

(b) Internal combustion engines;

(c) Boilers; and

(d) Boiler-to-steam turbine systems.

(13) “Gas collection system” means any system that employs various gas collection wells and connected piping and gas mover equipment, or any system that is a passive collection system.

(14) “Gas collection and control system” means any system consisting of a gas collection system and a gas control system.

(15) “Gas control device” means any device used to dispose of or treat collected landfill gas, including, but not limited to:

(a) Enclosed flares;

(b) Internal combustion engines;

(c) Boilers and boiler-to-steam turbine systems;

(d) Fuel cells; and

(e) Gas turbines.

(16) “Gas control system” means any system that disposes of or treats collected landfill gas by one or more of the following methods:

(a) Combustion;

(b) Gas treatment for subsequent sale; or

(c) Sale for processing offsite, including for transportation fuel and injection into the natural gas pipeline.

(17) “Gas mover equipment” means the equipment (e.g., fan, blower, compressor) used to transport landfill gas through the header system.

(18) “Inactive area” means a separate area of a MSW landfill in which solid waste is no longer being placed.

(19) “Inactive MSW landfill” means a MSW landfill that is no longer accepting solid waste for disposal and can subsequently document that solid waste is no longer being placed at the landfill.

(20) “Landfill gas” means the gases generated by a MSW landfill through the natural process of decomposing organic material or through the chemical reaction of other substances in the municipal solid waste.

(21) “Landfill surface” means the area of the landfill under which decomposable solid waste has been placed, excluding the working face.

(22) “Leachate recirculation” means the practice of taking the leachate collected from the landfill and reapplying it to the landfill by any of one of a variety of methods, including:

(a) Pre-wetting of the waste;

(b) Direct discharge into the working face;

(c) Spraying;

(d) Infiltration ponds;

(e) Vertical injection wells;

(f) Horizontal gravity distribution systems; and

(g) Pressure distribution systems.

(23) “Municipal solid waste (MSW)” means household waste, commercial solid waste, and industrial solid waste, as defined in 40 CFR §60.751.

(24) Municipal Solid Waste Landfill (MSW Landfill).

(a) “Municipal solid waste landfill” means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land, portions of which may be separated by access roads.

(b) “Municipal solid waste landfill” includes landfills that also receive other types of federal (40 CFR §257.2) Resource Conservation and Recovery Act (RCRA) Subtitle D defined wastes such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste.

(25) Non-Decomposable Solid Waste.

(a) “Non-decomposable solid waste” means materials that do not degrade biologically to form landfill gas.

(b) “Non-decomposable solid waste” includes but is not limited to:

(i) Earth;

(ii) Rock;

(iii) Concrete asphalt paving fragments;

(iv) Uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete);

(v) Brick;

(vi) Glass;

(vii) Ceramics;

(viii) Clay products;

(ix) Inert slag;

(x) Asbestos-containing waste;

(xi) Demolition materials containing minor amounts (less than 10 percent by volume) of wood and metals; and

(xii) Coal combustion byproducts (CCBs) and incinerator ash.

(26) “Non-repeatable momentary readings” means indications of the presence of methane, total organic compounds, or toxic air contaminants, which persist for less than 5 seconds and do not recur when the sampling probe of a portable gas detector is placed in the same location.

(27) “Open flare” means an open combustor without enclosure or shroud.

(28) “Owner or Operator” means a person who owns or operates a MSW landfill.

(29) “Passive gas collection system” means a gas collection system that solely uses positive pressure within the MSW landfill to move gas rather than using gas mover equipment.

(30) “Root cause analysis” means an assessment conducted through a process of investigation to determine the primary cause, and any other contributing causes, of positive pressure at a wellhead.

(31) “Solar array” means multiple solar panels used in conjunction to produce electricity.

(32) Solar Panel.

(a) “Solar panel” means any photovoltaic energy system designed for the generation of electrical power from the collection of sunlight.

(b) “Solar panel” includes without limitation:

(i) Photovoltaic panels;

(ii) Foundations;

(iii) Support structures;

(iv) Braces; and

(v) Related equipment.

(33) “Total waste landfilled” means the same as waste-in-place.

(34) “Treatment system” means a system that filters, de-waters, and compresses landfill gas for sale or subsequent use.

(35) Waste-In-Place.

(a) “Waste-in-place” means the total amount of solid waste placed in the MSW landfill estimated in tons and is also referred to as “total waste landfilled.”

(b) “Waste-in-place” assumes both the refuse density to be 1,300 pounds per cubic yard and the decomposable fraction to be 70 percent by weight.

(36) Well Raising.

(a) “Well raising” means a MSW landfill activity where an existing gas collection well is temporarily disconnected from a vacuum source, and the non-perforated pipe attached to the well is extended vertically to allow the addition of a new layer of solid waste or the final cover; or is extended horizontally to allow the horizontal extension of an existing layer of solid waste or cover material.

(b) “Well raising” includes re-connecting the extended pipe (well extension) to continue collecting gas from that well.

(37) “Working face” means the open area where solid waste is deposited daily and compacted with landfill equipment.

.04 Requirements for Municipal Solid Waste (MSW) Landfills.

A. Active MSW Landfills With Less Than 450,000 Tons of Waste-in-Place.

(1) A person who owns or operates an active MSW landfill having less than 450,000 tons of waste-in-place shall submit to the Department a copy of the annual tonnage report required pursuant to the Refuse Disposal Permit issued under COMAR 26.04.07 which includes all the following information:

(a) Annual waste accepted;

(b) Total waste landfilled or waste-in-place; and

(c) Calculation of remaining airspace.

(2) Once the active MSW landfill reaches a size greater than or equal to 450,000 tons of waste-in-place, the owner or operator shall be subject to requirements of §B of this regulation.

B. MSW Landfills Greater Than or Equal to 450,000 Tons of Waste-in-Place.

(1) Within 90 days of the effective date of this regulation, the owner or operator of a MSW landfill having greater than or equal to 450,000 tons of waste-in-place shall perform the following:

(a) Submit an initial waste-in-place report to the Department; and

(b) Calculate the methane generation rate in accordance with the test methods in Regulation .11D of this chapter and submit a methane generation rate report to the Department.

(2) If the calculated methane generation rate is less than 732 tons per year reported, the owner or operator shall recalculate the methane generation rate annually in accordance with the test methods in Regulation .11D of this chapter.

(a) If the MSW landfill is active, the owner or operator shall submit an annual methane generation rate report to the Department until either of the following conditions is met:

(i) The calculated methane generation rate is greater than or equal to 732 tons per year; or

(ii) The owner or operator submits a closure notification to the Department in accordance with Regulation .10C(1) of this chapter.

(b) If the MSW landfill is closed or inactive, the owner or operator shall submit the following information to the Department:

(i) A final methane generation rate report in accordance with the provisions in Regulation .10C(6) of this chapter; and

(ii) A closure notification in accordance with the provisions in Regulation .10C(1) of this chapter.

(3) If the calculated methane generation rate is greater than or equal to 732 tons per year but less than 8,548 tons per year, the owner or operator shall either:

(a) Install and operate a gas collection and control system in accordance with the provisions in Regulation .05 and comply with the requirements in Regulations .04 -.11 of this chapter; or

(b) Undertake four consecutive quarterly surface emissions monitoring periods using the instantaneous surface emissions monitoring procedures specified in Regulation .11F of this chapter, in order to demonstrate that there is no measured concentration of methane of 200 parts per million by volume (ppmv) or greater.

(4) An owner or operator of an MSW landfill who chooses to conduct consecutive quarterly surface emissions monitoring pursuant to §B(3)(b) of this regulation shall begin quarterly instantaneous surface emissions monitoring no later than 90 days after the methane generation rate report is required to be submitted under §B(1)(b) of this regulation.

(5) The owner or operator who chooses to conduct consecutive quarterly surface emissions monitoring pursuant to §B(3)(b) of this regulation shall perform one of the following actions based on the monitoring results:

(a) Except as provided in Regulation .09A(1) of this chapter, if there is any measured concentration of methane of 200 ppmv or greater from the surface of an active, inactive, or closed MSW landfill, other than non-repeatable, momentary readings, the owner or operator shall cease the quarterly monitoring, and instead, install a gas collection and control system in accordance with the provisions in Regulation .05, and shall comply with the requirements in Regulations .04 — .11 of this chapter beginning with the next quarterly report submission.

(b) If there is no measured concentration of methane of 200 ppmv or greater from the surface of an active MSW landfill after four consecutive quarterly instantaneous surface emissions monitoring periods, the owner or operator shall comply with all the following requirements:

(i) Recalculate the methane generation rate annually in accordance with the test methods in Regulation .11D of this chapter and submit a methane generation rate report to the Department;

(ii) Continue quarterly instantaneous surface emissions monitoring in accordance with the test methods and procedures specified in Regulation .11F of this chapter; and

(iii) Prepare and submit an annual instantaneous surface emissions monitoring report to the Department in accordance with Regulation .10C(11) of this chapter.

(c) If there is no measured concentration of methane of 200 ppmv or greater from the surface of a closed or inactive MSW landfill, the provisions of this chapter shall no longer apply provided that the owner or operator has completed all of the following requirements:

(i) Satisfied all applicable requirements for the permanent shutdown and removal of a gas collection and control system in Regulation .06 of this chapter;

(ii) Submitted a final waste-in-place report to the Department in accordance with the provisions in Regulation .10C(5) of this chapter;

(iii) Submitted a closure notification to the Department in accordance with the recordkeeping and reporting requirements in Regulation .10C(1) of this chapter; and

(iv) Submitted all instantaneous surface emissions monitoring reports to the Department in accordance with requirements of Regulation .10B(11) of this chapter.

(6) If the calculated methane generation rate is greater than or equal to 8,548 tons per year, the owner or operator of a MSW landfill shall install and operate a gas control and collection system in accordance with the provisions in Regulation .05 and comply with the requirements in Regulations .04 —.11 of this chapter.

C. Liquids Addition. If the owner or operator of a MSW landfill with more than 450,000 tons of waste-in-place adds any liquid, other than leachate in a controlled fashion, to the waste mass to reach a minimum average moisture content of at least 40 percent by weight to accelerate or enhance the anaerobic biodegradation of the waste, the owner or operator shall install and operate a gas collection and control system that meets the criteria in Regulation .05 of this chapter in accordance with the following:

(1) Install the gas collection and control system for the bioreactor before initiating liquids addition and extend the collection and control system into each new cell or area of the bioreactor prior to initiating liquids addition in that area;

(2) Begin operating the gas collection and control system within 180 days after initiating liquids addition or within 180 days after achieving a moisture content of 40 percent by weight, whichever is later; and

(3) Calculate the bioreactor moisture content in accordance with Regulation .11J of this chapter.

D. Maintenance Requirements. The owner or operator of a MSW landfill shall maintain the cover integrity in accordance with the provisions in COMAR 26.04.07.10D and implement a program for cover repairs as necessary on a quarterly basis.

.05 Requirements for Gas Collection and Control Systems.

A. Design Plan and Installation.

(1) If a gas collection and control system which meets the requirements in §B of this regulation has not been installed, the owner or operator of a MSW landfill shall submit a design plan to the Department within 1 year following the effective date of this regulation or within 1 year of detecting any measured concentration of methane of 200 ppmv or greater in accordance with the provisions in Regulation .04(B)(3) of this chapter.

(2) A design plan shall meet the following requirements:

(a) Be prepared and certified by a professional engineer;

(b) Address the following issues:

(i) Depths of solid waste;

(ii) Solid waste gas generation rates and flow characteristics;

(iii) Cover properties;

(iv) Gas system expandability;

(v) Leachate and condensate management;

(vi) Accessibility;

(vii) Compatibility with filling operations;

(viii) Integration with closure end use;

(ix) Air intrusion control;

(x) Corrosion resistance;

(xi) Fill settlement;

(xii) Resistance to the solid waste decomposition heat; and

(xiii) The ability to isolate individual components or sections for repair or troubleshooting without shutting down entire collection system.

(c) Provide for the control of the collected gas using a gas collection and control system meeting the requirements of §B(1), §B(2), §B(3), or §B(4) of this regulation or an alternative method approved in accordance with the provisions in Regulation .08 of this chapter;

(d) Demonstrate that the gas collection and control system is designed to handle the maximum expected gas generation flow rate from the entire area of the MSW landfill that warrants control over the intended use period of the gas control system equipment;

(e) Include any proposed alternatives to the requirements, justification for the need for any proposed alternatives, test methods, procedures, compliance measures, monitoring, and recordkeeping or reporting requirements in accordance with the provisions in Regulation .08 of this chapter;

(f) Include a description of potential mitigation measures to be used to prevent the release of methane or other pollutants into the atmosphere during the installation or preparation of wells, piping, or other equipment, during repairs or the temporary shutdown of gas collection system components, or when solid waste is to be excavated and moved;

(g) For active MSW landfills, identify areas of the landfill that are closed or inactive;

(h) Design the gas collection and control system to handle the expected gas generation flow rate from the entire area of the landfill and to collect gas at an extraction rate to comply with the surface methane concentration standards in Regulation .07A, component leak standards in Regulation .09B(3), and which is sufficient to meet all operational and performance standards in this chapter;

(i) Identify any areas of the MSW landfill that contains only asbestos-containing or non-decomposable solid waste that may be excluded from gas collection provided that the owner or operator submits documentation to the Department containing the nature of the waste, date of deposition, and location and amount of asbestos-containing or non-decomposable solid waste deposited in the area;

(j) Design the gas collection and control system to maintain a negative pressure at all wellheads in the collection system without causing air infiltration, including any wellheads connected to the system as a result of expansion or excess surface emissions;

(k) Ascertain the density of wells, horizontal collectors, surface collectors, or other gas extraction devices necessary to achieve compliance with §B of this regulation; and

(l) Include any procedures for detecting and suppressing any internal landfill fires or thermal waste oxidation events that might occur within the waste, and for mitigating any damage that may have occurred to pollution control devices such as the liner, leachate collection system, cap, or gas collection system elements as a result of the event.

(3) The maximum expected gas generation flow rate in §A(2)(d) of this regulation shall be calculated using the test method in Regulation .11B or an alternative test method approved in accordance with Regulation .08 of this chapter.

(4) The owner or operator of a MSW landfill that is required or chooses to install and operate a gas collection and control system, shall do so within 30 months after approval of the design plan.

(5) If an owner or operator is modifying an existing gas collection and control system to meet the requirements of this regulation, the owner or operator shall submit an amended design plan to the Department that includes the information in §A(2) of this regulation and any necessary updates or addenda in accordance with Regulation .10C(9) of this chapter.

(6) The gas collection and control system shall be operated, maintained, and expanded in accordance with the procedures and schedules in the approved design plan.

B. Standards and Requirements for Gas Collection and Control Systems.

(1) General Requirements. The owner or operator of a MSW landfill that is subject to the provisions of this regulation shall satisfy the following standards and requirements when operating a gas collection and control system:

(a) Route the collected gas to a gas control device(s) and operate the gas collection and control system continuously, except as provided in §D and §F of this regulation.

(b) Operate the gas collection and control system to comply with the requirements in §A(2)(h) of this regulation;

(c) Design and operate the gas collection and control system to draw all the gas toward the gas control device or devices. 

(d) Design and operate the gas collection system to minimize off-site and on-site migration of subsurface gas in compliance with COMAR 26.04.07.03B(9), COMAR 26.04.07.08B(15), and COMAR 26.04.07.10I.

(e) In the event the gas collection or control system is inoperable, the gas mover system shall be shut down and all valves in the gas collection and control system contributing to venting of the gas to the atmosphere shall be closed within 1 hour of the gas collection or control system not operating.

(f) Efforts to repair the gas collection or control system shall be initiated and completed in a manner such that downtime is kept to a minimum, and the gas collection and control system is returned to operation as expeditiously as practicable.

(g) For a MSW landfill with a design capacity equal to or greater than 2,750,000 tons and 3,260,000 cubic yards of MSW:

(i) Install all passive gas collection systems with liners on the bottom and all sides in all areas in which gas is to be collected; and

(ii) Install all liners in accordance with 40 CFR §258.40, as amended.

(h) Any nonproductive area of the MSW landfill as identified in §A(2)(i) may be excluded from control, provided that the total of all excluded areas can be shown to contribute less than 1 percent of the total amount of methane emissions from the landfill and:

(i) The amount, location, and age of the material or waste shall be documented and provided to Department;  

(ii) If data on actual amounts and age of the material or waste is not available, the owner or operator shall estimate based on known information and provide all documentation used to make the estimates;

(iii) A separate methane emissions estimate shall be made for each section proposed for exclusion, and the sum of all such sections shall be compared to the methane emissions estimate for the entire landfill, and all calculations, data and documentation used to perform the calculations shall be submitted to the Department; and

(iv) The methane emissions from each section proposed for exclusion shall be calculated using the test methods provided in Regulation .11D of this chapter.

(i) reserved

(j) The landfill gas extraction components shall be constructed of polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, fiberglass, stainless steel, or other nonporous corrosion resistant material of suitable dimensions to:

(i) Convey projected amounts of gases;

(ii) Withstand installation, static, and settlement forces; and

(iii) Withstand planned overburden or traffic loads.

(k) The gas collection system shall extend as necessary to comply with emission and migration standards.

(l) Gas collection devices such as wells and horizontal collectors shall be perforated to allow gas entry without head loss which may impair performance across the intended extent of control.

(m) Perforations shall be situated with regard to the need to prevent excessive air infiltration.

(n) Vertical wells shall be placed so as not to endanger underlying liners and shall address the occurrence of water within the landfill.

(i) Holes and trenches constructed for piped wells and horizontal collectors shall be of sufficient cross-section so as to allow for their proper construction and completion including, for example, centering of pipes and placement of gravel backfill.

(ii) Collection devices shall be designed so as not to allow indirect short circuiting of air into the soil cover, into the MSW, or into the collection system, or gas into the air.

(iii) Any gravel used around pipe perforations should be of a dimension so as not to penetrate or block the perforations.

(o) Gas collection devices may be connected to the collection header pipes below or above the landfill surface.

(i) The connector assembly shall include a positive closing throttle valve, any necessary seals and couplings, access couplings, and at least one sampling port.

(ii) The collection devices shall be constructed of PVC, HDPE, fiberglass, stainless steel, or other nonporous material of suitable thickness.

(p) Landfill gas shall be conveyed through the gas collection system header pipe(s) to a gas control device.

(q) The gas mover equipment shall be sized to handle the maximum gas generation flow rate expected over the intended use period of the gas moving equipment using the following procedures:

(i) For existing gas collection systems, the flow data shall be used to project the maximum flow rate;

(ii) If no flow data exists, the procedures in §B(l)(q)(iii) of this regulation shall be used; and

(iii) For new gas collection systems, the maximum flow rate shall be determined in accordance with Regulation .11B of this chapter.

(2) Requirements for Enclosed Flares.

(a) An owner or operator of a MSW landfill that routes landfill gas to an enclosed flare shall achieve a methane destruction efficiency of at least 99 percent by weight and meet the following specifications:

(i) The device shall be equipped with automatic dampers, an automatic shutdown device, a flame arrester, and continuous recording temperature sensors; and

(ii) The device shall have a sufficient flow of propane, natural gas, or another fuel source approved by the Department to the pilot light to prevent unburned collected methane from being emitted to the atmosphere during restart and startup.

(b) The owner or operator of a MSW landfill shall install, calibrate, operate and maintain the flare system in accordance with the manufacturer’s specifications and if applicable, within the parameter ranges established in the landfill’s permit to construct issued by the Department.

(c) An owner or operator that used an enclosed flare shall install, calibrate, and maintain a gas flow rate measuring device that either records the flow to the control device at least every 15 minutes or secures the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration.

(3) Requirements for Open Flares. 

(a) The owner or operator of a MSW landfill that routes landfill gas to an open flare shall operate the equipment according to the requirements included in 40 CFR §60.18, as amended.

(b) The owner or operator of a MSW landfill using an open flare shall install, calibrate, maintain, and operate the following equipment according to the manufacturer’s specifications:

(i) A heat sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light or the flame itself to indicate the continuous presence of a flame; and

(ii) A device that records flow to the flare and bypass of the flare (if applicable).

(c) An owner or operator that uses an open flare shall install, calibrate, and maintain a gas flow rate measuring device that either records the flow to the control device at least every 15 minutes or secures the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration.

(d) An owner or operator that is subject to §B(3)(b) of this regulation shall perform a visual inspection of the seal or closure mechanism at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

(e) The operation of an open flare on or after January 1, 2025 is prohibited unless the owner or operator demonstrates that one of the following conditions apply and receives the Department’s prior written approval:

(i) The methane generation rate is less than 732 tons per year in accordance with the test methods in Regulation .11D of this chapter and is insufficient to support the continuous operation of an enclosed flare or other gas control device;

(ii) The owner or operator is seeking to temporarily operate an open flare during the repair or maintenance of the gas control system, or while awaiting the installation of an enclosed flare, or to address offsite gas migration issues;

(iii) The owner or operator has landfill gas emissions that are unable to be controlled using enclosed flare gas control devices in the gas control system; or

(iv) The owner or operator otherwise has received written approval from the Department to operate an open flare in accordance with Regulation .08 of this chapter.

(f) An owner or operator seeking to operate an open flare in accordance with one of the provisions of §B(3)(e) shall submit a written request to the Department which includes the following information:

(i) Proof that the landfill gas emissions being controlled using an open flare does not exceed 732 tons per year of methane; and

(ii) An analysis verifying there is no feasible alternative control device configuration that would use the landfill gas emissions without use of an open flare.

(4) Requirements for Gas Control Devices other than Flares. An owner or operator of a MSW landfill may operate a gas control device other than a flare if it complies with one of the following requirements:

(a) The device is a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts per hour (150 MMBtu/hr), provided that the landfill gas stream is introduced into the flame zone;

(b) The collected gas is routed to an energy recovery device, or series of devices, that shall meet all the following requirements:

(i) Achieves a methane destruction efficiency of at least 99 percent by weight;

(ii) For lean burn internal combustion engines, reduces the outlet methane concentration to less than 3,000 ppmv, dry basis, corrected to 15 percent oxygen; and

(iii) The gas control device operates within the parameter ranges established during the initial or most recent performance test that demonstrates compliance with the methane destruction efficiency standard in §B(4)(b)(i) of this regulation or within engineering or manufacturer’s established parameter ranges until a performance test is performed as specified in §B(7) of this regulation; or

(c) The collected gas is routed to a treatment system that processes the collected gas for subsequent sale or beneficial use provided that:

(i) The venting of treated landfill gas to the ambient air is not allowed; and

(ii) If, for any reason, the treated landfill gas cannot be routed for subsequent sale or beneficial use, then the treated landfill gas shall be controlled in accordance with the requirements of §B(2), §B(3), or §B(4)(a) and (b) of this regulation.

(5) The owner or operator subject to the requirements of §B(4)(c) in this regulation shall prepare a site-specific treatment monitoring plan, submitted with the gas collection and control design plan, to include all of the following:

(a) Monitoring records of parameters that are identified in the treatment system monitoring plan and that ensure the treatment system is operating properly for each intended end use of the treated landfill gas;

(b) At a minimum, records shall include records of filtration, de-watering, and compression parameters that ensure the treatment system is operating properly for each intended end use of the treated landfill gas;

(c) Monitoring methods, frequencies, and operating ranges for each monitored operating parameter based on manufacturer’s recommendations or engineering analysis for each intended end use of the treated landfill gas;

(d) Documentation of the monitoring methods and ranges, along with justification for their use;

(e) Processes and methods used to collect the necessary data; and

(f) A description of the procedures and methods that are used for quality assurance, maintenance, and repair of all continuous monitoring systems.

(6) The owner or operator subject to the provisions in §B(4)(c) of this regulation shall demonstrate compliance by using a device that records flow to the treatment system and bypass of the treatment system, if applicable, that shall be calibrated, maintained, and operated according to the manufacturer’s specifications.

(a) The owner or operator shall maintain and operate all monitoring systems associated with the treatment system in accordance with the site-specific treatment system monitoring plan prepared in accordance with the provisions of §B(5) of this regulation.

(b) The owner or operator shall comply with the following requirements:

(i) Install, calibrate, and maintain a gas flow rate measuring device that records the flow to the treatment system at least every 15 minutes;

(ii) Install liners or equivalent non-permeable materials as required under 40 CFR §258.40, as amended, on the bottom and all sides in all areas in which gas is to be collected; and

(iii) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration and perform a visual inspection of the seal or closure mechanism at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

(7) Performance Test Requirements.

(a) The owner or operator shall conduct annual performance tests for any gas control device(s) subject to the requirements of §B(2), (3) & (4) of this regulation using the test methods identified in Regulation .11C of this chapter.

(b) An initial performance test shall be conducted within 180 days of start-up of the gas collection and control system.

(c) Following an initial performance test, the owner or operator shall conduct a complete annual performance test no later than 45 days following the 1-year anniversary date of the initial performance test.

(d) The owner or operator of an existing gas control device shall demonstrate compliance with this regulation no later than 180 days following the effective date of this regulation in accordance with the test methods and procedures specified in Regulation .11C of this regulation.

(e) The owner or operator shall conduct performance tests under conditions specified by the Department based on representative performance of the affected source for the period being tested.

(f) Representative conditions shall exclude periods of startup and shutdown unless specified by the Department.

(g) The owner or operator may not conduct performance tests during periods of malfunction.

(h) The owner or operator shall record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation.

(i) The owner or operator shall make available records necessary to determine the conditions of performance tests available upon request by the Department.

(j) If a gas control device remains in compliance after three consecutive performance tests, the owner or operator may conduct the performance test every 3 years.

(k) Once a gas control device is placed on the 3-year performance test schedule, if a subsequent performance test shows the gas collection and control system is out of compliance with the requirements of this regulation, the performance testing frequency shall return to annual.

(l) The performance test is not required for boilers and process heaters with design heat input capacities equal to or greater than 44 megawatts per hour (150 MMBtu/hr) that burn landfill gas for compliance with the requirements in §B(4) of this regulation.

C. Wellhead Gauge Pressure Requirement. Each landfill gas collection and control system wellhead shall be operated under negative pressure without causing air filtration, except as provided in §§D and F of this regulation, or under any of the following conditions:

(1) Use of a Geomembrane or Synthetic Cover. The owner or operator shall develop acceptable pressure limits for the wellheads and include them in the design plan;

(2) A Decommissioned Well. A well may experience a static positive pressure after shutdown to accommodate for declining flows; or

(3) A Fire or Increased Well Temperature.

(a) The owner or operator shall record all instances when positive pressure occurs, in efforts to avoid a fire.

(b) These records shall be submitted as part of the semi-annual report to the Department in accordance with the requirements of Regulation .10C(3) of this chapter.

D. Well Raising. The requirements of §B(1)(a)—(b) and §E of this regulation do not apply to individual wells involved in well raising provided the following conditions are met:

(1) New fill is being added or compacted in the immediate vicinity around the well; and

(2) Once installed, a gas collection well extension is sealed or capped until the raised well is reconnected to a vacuum source.

E. Wellhead Sampling. The owner or operator that is required to comply with §B of this regulation for an active gas collection system shall install a sampling port and measuring devices, or an access port for measuring devices, at each wellhead and comply with the following, using measuring devices that meet the requirements of Regulation .11H of this chapter:

(1) Monitor nitrogen or oxygen concentration in the landfill gas on a monthly basis as provided in Regulation .09C of this chapter;

(2) Monitor temperature of the landfill gas on a monthly basis as provided in Regulation .09C in this chapter; and

(3) Measure the gauge pressure in the gas collection header on a monthly basis as provided in Regulation .09B(8) of this chapter.

F. Repairs and Temporary Shutdown of Gas Collection System Components. The requirements of §B(1)(a) and (b) do not apply to individual landfill gas collection system components that are temporarily shut down in order to repair the components, due to an emergency, catastrophic events such as earthquakes, to connect new landfill gas collection system components to the existing system, to extinguish landfill fires, or to perform construction activities in accordance with Regulation .07C of this chapter, provided the following requirements are met:

(1) Any new gas collection system components required to maintain compliance with this regulation shall be included in the most recent design plan in accordance with §A of this regulation;

(2) Methane emissions are minimized during shutdown in accordance with §A(2)(f) of this regulation; and

(3) The owner or operator submits a notification to the Department after any temporary shutdown due to an emergency, catastrophic event, or landfill fire(s) in accordance with Regulation .10C(13) of this chapter.

.06 Requirements for the Permanent Shutdown and Removal of a Gas Collection and Control System.

A. A gas collection and control system installed at a closed MSW landfill or closed area of a MSW landfill may be capped and permanently removed provided the following requirements are met:

(1) The gas collection and control system was in operation for at least 15 years, unless the owner or operator can demonstrate to the Department that due to declining methane rates the MSW landfill will be unable to operate the gas collection and control system for a 15-year period;

(2) The calculated or measured methane generation rate at the MSW landfill is less than 732 tons per year on three successive test dates, provided that:

(a) For measured methane generation rates, the test dates shall be no less than 90 days apart, and no more than 180 days apart; or

(b) The calculated methane generation rate shall be calculated in accordance with the provisions of Regulation .11D of this chapter;

(3) Surface methane concentration measurements do not exceed 200 ppmv;

(4) The concentrations of methane gas at the MSW landfill do not exceed 25 percent of the lower explosive limit in facility structures (excluding gas collection and control system components) or the lower explosive limit at the property boundary; and

(5) The owner or operator submits an equipment removal report to the Department in accordance with the provisions of Regulation .10(2) of this chapter.

B. The owner or operator of a MSW landfill that has capped or removed a gas collection and control system subject to §A of this regulation shall conduct surface methane concentration measurements over the portion of the landfill with the capped or removed gas collection and control system in accordance with the procedures in Regulation .11F of this chapter for at least eight consecutive calendar quarters after the gas collection and control system is capped or removed. The measurements shall comply with the following requirements:

(1) The walking grid in Regulation .11F(1)(d) of this chapter may be reduced to 100-foot spacing so long as the walking grid is offset by 25-feet each quarter so that by the end of 1 year of monitoring, the entire surface area has been monitored every 25 feet;

(2) If there is no measured concentration of methane of 200 ppmv or greater from the surface of the closed MSW landfill in any of these measurement events, the owner or operator shall submit a final gas collection and control system closure notification to the Department in accordance with the provisions in Regulation .10C(1) of this chapter; and

(3) If there is any measured concentration of methane of 200 ppmv or greater in any of these measurement events, other than nonrepeatable, momentary readings, as determined by instantaneous surface emissions monitoring from the surface of the closed MSW landfill, the owner or operator shall comply with the provisions in Regulations .04  .11 of this chapter.

.07 Compliance Standards.

A. Surface Methane Concentration Standards. Except as provided in Regulations .05D and F, Regulation .09A of this chapter, and §C of this regulation, beginning January 1, 2024, or upon commencing operation of a newly installed gas collection and control system or modification of an existing gas collection and control system in accordance with Regulation .05A of this chapter, whichever is later, no location on the MSW landfill surface shall equal or exceed either of the following methane concentration limits:

(1) Excluding non-repeatable, momentary readings, a methane concentration limit of 500 ppmv as determined by instantaneous surface emissions monitoring in accordance with Regulation .11F(1) and (2) of this chapter; and

(2) An average methane concentration limit of 25 ppmv as determined by integrated surface emissions monitoring in accordance with Regulation .11F(1) and (3) of this chapter.

B. Wellhead Temperature Requirement.

(1) Each interior wellhead of a landfill gas collection and control system shall be operated with a landfill gas temperature of less than 62.8°C (145°F), unless a higher operating temperature is approved in writing by the Department.

(2) The Department shall approve an alternate temperature only where a MSW landfill owner or operator submits to the Department a request which uses supporting data to adequately demonstrate that the higher operating temperature value at a particular well will not:

(a) cause a fire; and

(b) significantly inhibit anaerobic decomposition by killing methanogens.

C. Construction Activities. The requirements of §A of this regulation do not apply to the working face of the landfill or to areas of the landfill surface where the landfill cover material has been removed and refuse has been exposed for the following activities:

(1) The purpose of installing, expanding, replacing, or repairing components of the landfill gas, leachate, or gas condensate collection and removal system; or

(2) For law enforcement activities requiring excavation.

.08 Alternative Compliance Standards.

A. The owner or operator may request alternatives to the compliance measures, monitoring requirements, test methods and procedures of Regulations .05, .09 and .11 of this chapter. Any alternative compliance options requested by the owner or operator shall be submitted in writing to the Department for approval and may include, but are not limited to, the following:

(1) Semi-continuous (batch) operation of the gas collection and control system due to insufficient landfill gas flow rates;

(2) Alternative wind speed requirements for landfills consistently having winds in excess of the limits specified in this regulation;

(3) Alternative walking patterns to address potential safety and other issues, such as steep or slippery slopes, monitoring instrument obstructions, and physical obstructions;

(4) Exclusion of construction areas and other dangerous areas from landfill surface inspection; and

(5) Exclusion of paved roads that do not have any cracks, potholes, or other penetrations from landfill surface inspection.

B. The owner or operator of a MSW landfill seeking an alternative compliance option in accordance with the provisions of this regulation shall provide information satisfactory to the Department and EPA demonstrating that:

(1) The off-site migration of landfill gas is being, and will be, effectively controlled; and

(2) The proposed alternative compliance option provides an equivalent level of methane emission control, as compared with the methane controls that would have been required under Regulations .05, .09 and .11 of this chapter.

C. The Department and EPA may approve any alternative compliance option as long as the proposed alternative effectively controls the off-site migration of landfill gas and provides an equivalent level of methane emission control.

.09 Monitoring Requirements and Corrective Actions.

A. Surface Emissions Monitoring Requirements. The owner or operator of a MSW landfill shall conduct instantaneous and integrated surface emissions monitoring of the landfill surface on a quarterly basis in accordance with the procedures specified in Regulation .11F of this chapter. All the following requirements shall apply to surface monitoring:

(1) Instantaneous Surface Emissions Monitoring. Any reading equal to or exceeding a limit specified in Regulation .04B(3)(b), .06B(3), or .07A(1) of this chapter shall be recorded as an exceedance and the following actions shall be taken:

(a) The owner or operator of an MSW landfill shall:

(i) Record the date, location, and value of each test, including re-tests, with the location of the grids, the gas collection system, and the tests clearly mark and identify on a topographic map of the MSW landfill which is drawn to scale; and

(ii) Retain and submit to the Department in accordance with the provisions of Regulation .10 of this chapter, a copy of the documentation required under §A(1)(a)(i).

(b) The owner or operator shall take corrective action such as, but not limited to, cover maintenance, cover repair, or well vacuum adjustments;

(c) The owner or operator shall re-monitor the location within 10 calendar days of the measured exceedance and comply with all the following requirements:

(i) If after the initial monitoring of the location a second exceedance is detected, additional corrective action shall be taken, and the location shall be re-monitored again no later than 10 calendar days after detecting the second exceedance;

(ii) If after the re-monitoring in A(1)(c)(i) a third exceedance is detected, the owner or owner or operator shall install a new or replacement well or collection device and demonstrate compliance no later than 120 calendar days after detecting the third exceedance;      

 (iii) If after the re-monitoring in A(1)(c)(i) a location has demonstrated no subsequent exceedance, that location shall be re-monitored 1 month from the initial exceedance;

(iv) If the 1-month re-monitoring in A(1)(c)(iii) shows a concentration less than 500 ppmv methane (for compliance with Regulation.07A(1) of this chapter), or less than 200 ppmv methane (for compliance with Regulations .04B(3)(b) or .06B(3) of this chapter), no further monitoring of that location is required until the next quarterly monitoring period;

(v) If the 1-month re-monitoring in A(1)(c)(iii) shows an exceedance, the owner or operator shall install a new or replacement well or collection device no later than 120 days after detecting the third exceedance;

(vi) For any location where the monitored methane concentration had a third exceedance within a quarterly period, and there is no gas collection and control system, the owner or operator shall design and install a system following Regulations .05 - .11; and

(vii) An alternative remedy to the exceedance, such as upgrading the blower, header pipes or control device, and a corresponding timeline for installation may be submitted for approval to the Department in accordance with requirements of Regulation .08 of this chapter.

(d) The owner or operator of a closed or inactive MSW landfill, or of any closed or inactive areas on an active MSW landfill, that has no monitored exceedances of the limit specified in Regulation .07A(1) of this chapter after four consecutive quarterly instantaneous surface monitoring periods may shift to annual instantaneous surface monitoring; and

(e) Any exceedances of the limit specified in Regulation .07A(1) of this chapter as detected during any compliance inspections or annual instantaneous surface monitoring that cannot be remediated within 10 calendar days will result in a return to quarterly instantaneous surface monitoring of the MSW landfill.

(2) Integrated Surface Emissions Monitoring: Any reading exceeding the limit specified in Regulation .07A(2) of this chapter shall be recorded as an exceedance and the following actions shall be taken:

(a) The owner or operator shall:

(i) Record the date, location, and the average surface concentration measured as methane for each test, including re-tests, with the location of the grids, the gas collection system, and each test clearly marked and identified on a topographic map of the MSW landfill which is drawn to scale; and

(ii) Retain, and submit to the Department in accordance with the provisions of Regulation .10 of this chapter, a copy of the documentation required under §A(2)(a)(i) of this regulation.

(b) Within 10 calendar days of a measured exceedance, the owner or operator shall take corrective action such as, but not limited to:

(i) Cover maintenance or repair; or

(ii) Well vacuum adjustments.

(c) The owner or operator who takes corrective action as required under §A(2)(b) of this regulation shall re-monitor the grid and comply with the requirements under §A(1)(c) when an exceedance of Regulation .07A(2) is recorded for the grid.

(d) Any closed or inactive MSW landfill, or any closed or inactive areas on an active MSW landfill that has no monitored exceedances of the limit specified in Regulation .07A(2) of this chapter after four consecutive quarterly integrated surface emissions monitoring periods may shift to annual integrated surface emissions monitoring; and

(e) An owner or operator of a MSW landfill that has shifted to annual integrated surface monitoring under §A(2)(d) of this regulation shall return to quarterly integrated surface emissions monitoring upon the occurrence of any exceedances of the limits specified in Regulation .07A(2) of this chapter detected during the annual integrated surface emissions monitoring or during any compliance inspection.

B. Gas Control System Equipment Monitoring. The owner or operator shall monitor the gas control system using the following procedures:

(1) For enclosed combustors (including enclosed flares), the following equipment shall be installed, calibrated, maintained, and operated according to the manufacturer’s specifications:

(a) A temperature monitoring device equipped with a continuous recorder which has an accuracy of plus or minus (±) 1 percent of the temperature being measured expressed in degrees Celsius or Fahrenheit; and

(b) A device which records the gas flow to the control device(s) and bypass of the control device. The owner or operator shall:

(i) Install, calibrate, and maintain a gas flow rate measuring device that records the flow to the control device at least every 15 minutes;

(ii) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration; and

(iii) Perform a visual inspection of the seal or closure mechanism at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

(c) A temperature monitoring device is not required for boilers and process heaters with a design heat input capacity of 44 megawatts (150 MMBtu/hr) or greater.

(2) For open flares, the following equipment shall be installed, calibrated, maintained, and operated according to the manufacturer’s specifications:

(a) A heat sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light or the flame itself to indicate the continuous presence of a flame; and

(b) A device which records the gas flow to the flare and bypass if applicable. The owner or operator shall:

(i) Install, calibrate, and maintain a gas flow rate measuring device that records the flow to the control device at least every 15 minutes;

(ii) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration; and

(iii) Perform a visual inspection of the seal or closure mechanism at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

(3) For a gas control device other than an enclosed flare, the owner or operator shall demonstrate compliance by providing and complying with the following information and instructions:

(a) A description of the operation of the gas control device;

(b) Operating parameters that would indicate proper performance;

(c) Appropriate monitoring procedures; and

(d) The manufacturer’s instructions and specifications.

(4) The owner or operator subject to §B(3) of this regulation shall maintain, operate, and monitor the device in accordance with written manufacturer instructions and specifications.

(5) The owner or operator subject to §B(3) may submit alternative compliance procedures to the Department for approval in accordance with the provisions in Regulation .08 of this chapter.

(6) Notwithstanding §B(3) and (4) of this regulation, the Department may specify additional monitoring procedures for a gas control device other than an enclosed flare, and the owner or operator shall comply with any such requirement.

(7) Components containing landfill gas and under positive pressure shall be monitored quarterly for leaks.

(a) Any component leak of 500 ppmv or greater shall be tagged and repaired within 10 calendar days.

(b) Any component leak of 250 ppmv or greater shall be recorded in accordance with the provisions in Regulation .10B(1)(s) of this chapter.

(c) Quarterly component leak testing at a MSW landfill having a landfill gas-to-energy facility shall be conducted prior to scheduled maintenance or planned outage periods.

(8) The owner or operator shall measure gauge pressure in the gas collection header applied to each individual well on a monthly basis.

(a) If a positive pressure exists, other than as provided in Regulation .05C of this chapter, action shall be initiated to correct the positive pressure within 5 days.

(b) Any attempted corrective action shall not cause exceedances of other operational or performance standards.

(9) For a gas treatment system, the following equipment shall be installed, calibrated, maintained, and operated according to the manufacturer’s specifications:

(a) A device which records the gas flow to the treatment system and bypass if applicable.

(b) The owner or operator shall:

(i) Install, calibrate, and maintain a gas flow rate measuring device that records the flow to the treatment system at least every 15 minutes;

(ii) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration; and

(iii) Perform a visual inspection of the seal or closure mechanism at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.

C. Wellhead Monitoring. The owner or operator shall monitor each individual wellhead monthly to determine and record the gauge pressure, temperature, and nitrogen and oxygen content of gas emissions. The monitoring shall comply with all the following requirements:

(1) If there is any positive pressure reading other than as provided in Regulation .05D and E, the owner or operator shall take the following actions and shall not cause exceedances of other operational or performance standards from any attempted corrective measure:

(a) Initiate corrective action within 5 calendar days of the positive pressure measurement;

(b) If negative pressure cannot be achieved without excess air infiltration within 15 calendar days of the first measurement of positive pressure, the owner or operator shall conduct a root cause analysis and correct the exceedance as soon as practicable, but no later than 60 days after positive pressure was first measured and submit reports in accordance with the reporting requirements of Regulation .10B and .10C(3) of this chapter;

(c) If corrective actions cannot be fully implemented within 60 days following the positive pressure measurement for which the root cause analysis was required, the owner or operator shall also conduct a corrective action analysis and develop an implementation schedule to complete the corrective action(s) as soon as practicable, but no more than 120 days following the positive pressure measurement and submit reports in accordance with the requirements of Regulation .10B, .10C(3) and .10C(4); and

(d) If corrective action is expected to take longer than 120 days to complete after the initial exceedance, the owner or operator shall submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Department for approval in accordance with the requirements of Regulation .10C(10) and .10C(14) of this chapter.

(2) If a well exceeds the operating parameter for temperature, action shall be initiated to correct the exceedance within 5 days.

(3) The owner or operator shall not cause exceedances of other operational or performance standards from any attempted corrective measure and shall comply with all the following requirements:

(a) If a landfill gas temperature less than 62.8ºC (145ºF), or as established in Regulation .07B, cannot be achieved within 15 days of the first measurement of landfill gas temperature greater than 62.8ºC (145ºF), the owner or operator shall conduct a root cause analysis and correct the exceedance as soon as practicable, but no later than 60 days after a landfill gas temperature greater than 62.8ºC (145ºF) was first measured;

(b) If corrective actions cannot be fully implemented within 60 days following the temperature measurement for which the root cause analysis was required, the owner or operator shall also conduct a corrective action analysis and develop an implementation schedule to complete the corrective action(s) as soon as practicable, but no more than 120 days following the measurement of landfill gas temperature greater than 62.8ºC (145ºF) and submit records in accordance with the provisions of Regulation .10B and .10C(3);

(c) If corrective action is expected to take longer than 120 days to complete after the initial exceedance, the owner or operator shall submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Department for approval, in accordance with the provisions of Regulation .10C(10) and .10C(14) of this chapter and §C(1)(c) of this regulation;

(d) If a landfill gas temperature measured at either the wellhead or at any point in the well is greater than or equal to 76.7ºC (170ºF) and the carbon monoxide concentration measured, according to the procedures in Regulation .11H of this chapter, is greater than or equal to 1,000 ppmv the corrective action(s) for the wellhead temperature standard 62.8ºC (145ºF) shall be completed within 15 days; and

(e) If a higher operating temperature has not been approved by the Department, the enhanced monitoring specified in Regulation .11I of this chapter is required at each well with a measurement of landfill gas temperature greater than 62.8ºC (145ºF).

(4) The owner or operator subject to the requirements in §C(3)(b) of this regulation shall submit the items listed in Regulation .10C(3)(c) to the Department as part of the next semi-annual report.

(5) The owner or operator subject to the requirements in §C(3)(a)—(c) of this regulation shall keep records in accordance with the provisions of Regulation .10B of this chapter.

(6) The owner or operator shall monitor each wellhead and record all nitrogen levels at or above 20 percent and all oxygen levels at or above 5 percent according to Regulation .10B(1)(e) and .10C(3) following the procedures of Regulation .11H of this chapter.

D. Requirements for Monitoring Systems – Malfunction, Repair and Other Activities.

(1) The monitoring requirements in the regulation apply at all times except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities.

(2) Any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data shall be considered a monitoring system malfunction.

(3) For purposes of this regulation, monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions.

(4) Monitoring system repairs completed in response to monitoring system malfunctions to return the monitoring system to operation shall be completed as expeditiously as possible.

.10 Recordkeeping and Reporting Requirements.

A. The owner or operator of a MSW landfill that meets the applicability or designated facility requirements in 40 CFR §60.31f, 40 CFR §60.760, or 40 CFR §63.1935 shall comply with the electronic reporting requirements of 40 CFR §60.38f(j), 40 CFR §60.767(i), or CFR §63.1981(i), as applicable.

A-1. Whenever a provision in this chapter requires submission or reporting of test results, reports, or other information to the Department, unless otherwise specified, the information shall be submitted to:

Program Manager

Air Quality Compliance Program

Maryland Department of the Environment

1800 Washington Boulevard, Suite 715

Baltimore, Maryland 21230

410-537-4225

Or electronically to:

MDEAIR.OTHERCOMPLIANCE@maryland.gov

B. Recordkeeping Requirements.

(1) An owner or operator of a MSW landfill shall maintain the following records for at least 5 years:

(a) All gas collection system downtime exceeding 5 days, including dates of downtime, individual well shutdown and disconnection times, the reason for the downtime, and any corrective actions conducted in response to the downtime;

(b) All gas control system downtime in excess of 1 hour, the reason for the downtime, and the length of time the gas control system was shut down, and any corrective actions conducted in response to the downtime;

(c) All instantaneous surface readings of 100 ppmv methane or greater and all exceedances of the limits in Regulation .04B(3)(b) and Regulation .07, including:

(i) The location of the leak (or affected grid);

(ii) The leak concentration of methane (in ppmv);

(iii) The date and time of measurement;

(iv) The action(s) taken to repair the leak and the date(s) of repair;

(v) Any required re-monitoring and the re-monitored concentration of methane (in ppmv);

(vi) Wind speed during surface sampling; and

(vii) The installation date and location of each well installed as part of a gas collection system expansion.  

(d) Any positive wellhead gauge pressure measurements, the date of the measurements, the well identification number, and the corrective action taken;

(e) Each wellhead temperature monitoring value of 62.8ºC (145ºF) or above, each wellhead nitrogen level at or above 20 percent, and each wellhead oxygen level at or above 5 percent;

(f) The monthly solid waste acceptance rate for active MSW landfills or MSW landfills that have accepted waste within the last 5 years;

(g) The current amount of waste-in-place including waste composition;

(h) The nature, location, amount, and date of deposition of non-decomposable waste for any landfill areas excluded from the collection system;

(i) Results of any performance tests conducted in accordance with the provisions in Regulation .05B(7) of this chapter;

(j) A description of mitigation measures taken to prevent the release of methane or other emissions into the atmosphere, including:

(i) When solid waste was brought to the surface during the installation or preparation of wells, piping, or other equipment;

(ii) During repairs or the temporary shutdown of gas collection system components; or

(iii) When solid waste was excavated and moved.

(k) Records of any construction activities in accordance with Regulation .07C of this chapter. Records shall contain the following information:

(i) A description of the actions being taken, the areas of the landfill that will be affected by these actions, the reason the actions are required, and any landfill gas collection system components that will be affected by these actions;

(ii) Construction start and finish dates, projected equipment installation dates, and projected shut down times for individual gas collection system components; and

(iii) A description of the mitigation measures taken to minimize methane emissions and other potential air quality impacts.

(l) For any root cause analysis for which corrective actions are required, the following information:

(i) Records of the root cause analysis conducted;

(ii) The corrective action analysis;

(iii) The date for corrective action(s) already completed following the positive pressure reading or high temperature reading;

(iv) For action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates; and

(v) A copy of any comments or final approval on the corrective action analysis or schedule from the Department.

(m) Records of the gas control system equipment operating parameters specified to be monitored under Regulation .09B of this chapter as well as records for periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. The records shall include the following information:

(i) For enclosed flares, all 3-hour periods of operation during which the average temperature difference was more than 28ºC (50º F) below the average combustion temperature during the most recent performance test at which compliance with Regulations .05B(2) and (3) of this chapter was determined;

(ii) For a boiler or process heater with a design heat input capacity of 44 megawatts (150 MMBtu/hr) or greater to comply with Regulation .05B(3) of this chapter, all periods of operation of the boiler or process heater (e.g., steam use, fuel use, or monitoring data collected pursuant to other federal, State, local, or tribal regulatory requirements;

(iii) For open flares, continuous records of the flame or flare pilot flame monitoring, and up-to-date, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent; and

(iv) For the system, the indication of flow to the control system and the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key configurations used to seal bypass lines.

(n) All gas collection and control system exceedances of the operational standards, the reading in the subsequent month whether or not the second reading is an exceedance, and the location of each exceedance;

(o) For the owner or operator of a MSW landfill who converts waste-in-place from volume to mass, records of the annual recalculation of site-specific density, design capacity, and the supporting documentation;

(p) For the owner or operator of a MSW landfill demonstrating that site-specific surface methane emissions are below 200 ppmv by conducting surface emissions monitoring in accordance with Regulation .04B(3)(b) of this chapter, records of all surface emissions monitoring and information related to monitoring instrument calibrations conducted according to sections 8 and 10 of Method 21 of Appendix A of 40 CFR Part 60, including all of the following items:

(i) Calibration records, including the date of calibration and initials of operator performing the calibration, calibration gas cylinder identification, certification date, and certified concentration, the instrument scale used, description of any corrective action taken if the meter readout could not be adjusted to correspond to the calibration gas value, and, if an owner or operator makes their own calibration gas, a description of the procedure(s) used;

(ii) Digital photographs of the instrument setup, including the wind barrier. The photographs shall be accurately time and date-stamped and taken at the first sampling location prior to sampling and at the last sampling location after sampling at the end of each sampling day;

(iii) Timestamp of each surface scan reading which shall be detailed to the nearest second, based on when the sample collection begins and log for the length of time each sample was taken using a stopwatch (e.g., the time the probe was held over the area);

(iv) Location of each surface scan reading. The owner or operator shall determine the coordinates using an instrument with an accuracy of at least 4 meters and the coordinates shall be in decimal degrees with at least five decimal places and the coordinates will become the location identification label;

(v) Monitored methane concentration (ppmv) of each reading;

(vi) Background methane concentration (ppmv) after each instrument calibration test;

(vii) For readings taken at each surface penetration, the unique identification location label matching the label specified in Regulation .10B(1)(p)(iv) of this chapter; and,

(viii) Records of the operating hours of the gas collection system for each destruction device.

(q) For the owner or operator reporting leachate or other liquids addition under Regulation .10C(16) of this chapter, records of any engineering calculations or company records used to estimate the quantities of leachate or liquids added, the surface areas for which the leachate or liquids were applied, and the estimates of annual waste acceptance or total waste in place in the areas where leachate or liquids were applied;

(r) The date of initial placement of waste in newly constructed MSW landfill cells;

(s) Documentation of any component leaks of methane equal to or greater than 250 ppmv detected in accordance with the provisions in Regulation .09B(7) of this chapter and all repairs performed in response to any component leaks equal to or greater than 500 ppmv; and

(t) The maximum design capacity of the MSW landfill.

(2) The owner or operator of a MSW landfill shall maintain the following records for the life of each gas control device, as measured during the initial performance test or compliance determination:

(a) The density of wells, horizontal collectors, surface collectors, or other gas extraction devices determined using the procedures and requirements specified in Regulation .05A(1) of this chapter;

(b) The expected gas generation flow rate as calculated in accordance with Regulation .11B of this chapter;

(c) The percent reduction of methane achieved by the control device determined in accordance with Regulation .11C of this chapter;

(d) For a boiler or process heater, the description of the location at which the collected gas vent stream is introduced into the boiler or process heater over the same time period of the performance test;

(e) Where the owner or operator subject to the provisions of this regulation is demonstrating compliance with Regulation .05B of this chapter through use of an enclosed combustion device other than a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts per hour (150 million British thermal units per hour):

(i) The average temperature measured at least every 15 minutes and averaged over the same time period of the performance test; and

(ii) The percent reduction of methane determined as specified in Regulation .11C of this chapter achieved by the control device;

(f) For an open flare:

(i) The flare type (i.e., steam-assisted, air-assisted, or non-assisted);

(ii) All visible emission readings, heat content determination, flow rate or bypass flow rate measurements, and exit velocity determinations made during the performance test as specified in 40 CFR §60.18, as amended; and

(iii) Records of the flare pilot flame or flare flame monitoring and records of all periods of operations during which the pilot flame or the flare flame is absent;

(g) The most recent map showing each existing and planned gas collector in the system;

(h) Bypass records, including records of the flow of landfill gas to, and bypass of, the treatment system, as used to demonstrate compliance with Regulation .05B

(i) Site-specific treatment monitoring plan meeting the requirements of Regulation .05B(5) of this chapter.

(j) The most recent, readily accessible plot map showing all existing and planned collectors in the system and providing a unique identification location label for each collector.

(3) Bioreactor Moisture Content Calculations.

(a) A MSW landfill owner or operator conducting calculations to determine the moisture content of a bioreactor shall document the calculations and the basis of any assumptions made to make such calculations.

(b) The owner or operator shall keep records of the calculations for a minimum of 5 years or until liquids addition ceases.

(4) Retention of Records and Reports.

(a) The owner or operator shall keep records of subsequent tests or monitoring in §B(2) of this regulation for a minimum of 5 years and records of the control device vendor specifications until removal.

(b) The owner or operator shall maintain copies of the records and reports required by this regulation and provide them to the Department upon request.

C. Reporting Requirements.

(1) Closure Notification.

(a) The owner or operator of a MSW landfill which has ceased accepting waste shall submit a closure notification to the Department no later than 30 days after waste acceptance cessation.

(b) The closure notification shall include the last day solid waste was accepted, the anticipated closure date of the MSW landfill, and the estimated waste-in-place.

(c) The Department may request additional information as necessary to verify that permanent closure has taken place in accordance with the requirements of any applicable federal, State, or local regulations and ordinances in effect at the time of closure.

(2) Equipment Removal Report.

(a) A gas collection and control system equipment removal report shall be submitted to the Department 30 days prior to well capping, removal, or cessation of operation of the gas collection, treatment, or control system equipment.

(b) The report shall contain the following information:

(i) A copy of the closure notification submitted to the Department in accordance with §C(1) of this regulation;

(ii) A copy of the initial performance test report or other documentation demonstrating that the gas collection and control system has been installed and operated for a minimum of 15 years, unless the owner or operator can demonstrate that due to declining methane rates the MSW landfill is unable to operate the gas collection and control system for a 15-year period; and

(iii) Surface emissions monitoring results needed to verify that landfill surface methane concentration measurements do not exceed the limits specified in Regulation .07A of this chapter.

(3) Semi-annual Report. A MSW landfill owner or operator subject to the requirements of this chapter shall submit a semi-annual report to the Department by the end of the month following the 6-month period beginning January 1, 2024 through June 30, 2024, and each subsequent 6 months thereafter. The semi-annual report shall include the MSW landfill name, owner and operator, and address; and the following information:

(a) All instantaneous surface readings of 100 ppmv or greater;

(b) All exceedances of the limits in Regulation .04B(3)(b), Regulation .07A, and Regulation .09B(7) of this chapter including:

(i) The location of the leak (or affected grid);

(ii) Leak concentration in ppmv;

(iii) Date and time of measurement;

(iv) The action taken to repair the leak;

(v) Date of repair;

(vi) Any required re-monitoring and the re-monitored concentration in ppmv;

(vii) Wind speed during surface sampling;

(viii) The concentration recorded at each location for which an exceedance was recorded in the previous month; and

(ix) The installation date and location of each well installed as part of a gas collection system expansion.

(c) For any corrective action analysis for which corrective actions are required in Regulation .09C(1)--(3) of this chapter and that take more than 60 days to correct the exceedance:

(i) The root cause analysis conducted, including a description of the recommended corrective action(s);

(ii) The date for corrective action(s) already completed following the positive pressure or elevated temperature reading; and

(iii) For action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates.

(d) All known, prevented, or suspected subsurface landfill fire(s) along with potential causes and any efforts conducted to avoid or put out the fire(s), including any positive pressure readings that may have contributed to the known, prevented, or suspected fire;

(e) The number of times that applicable parameters monitored under Regulation .05B or Regulation .07 were exceeded and when the gas collection and control system was not operating in compliance with the provisions of Regulation .05B(1) including periods of startup, shutdown, and malfunction. For each instance, report the date, time, and duration of each exceedance;

(f) Where the owner or operator subject to the requirements of this regulation is demonstrating compliance with the operational standard for temperature in Regulation .09C(2) and (3) of this chapter, the owner or operator shall provide a statement of the wellhead operational standard for temperature and oxygen level the landfill is complying with for the period covered by the report. The report shall indicate:

(i) The number of times each of those parameters monitored under Regulation .09C of this chapter were exceeded, reporting for each instance the date, time, and duration of each exceedance; and

(ii) The number of times the parameters for the site-specific treatment system in Regulation .05B(5) were exceeded.

(g) Description and duration of all periods when the gas stream was diverted from the control device or treatment system through a bypass line or there was an indication of bypass flow resulting from an inspection required by Regulation .05B(3)(d) of this chapter;

(h) Description and duration of all periods when the control device or treatment system was not operating and length of time the control device or treatment system was not operating;

(i) All periods when the collection system was not operating;

(j) The date of installation and the location of each well or collection system expansion;

(k) Each owner or operator required to conduct enhanced monitoring in accordance with the provisions of Regulation .11I of this chapter for temperatures exceeding 62.8ºC (145ºF) shall include the results of all monitoring activities conducted during the period;

(l) For enclosed combustors, except for boilers and process heaters with design heat input capacity of 44 megawatts per hour (150 million British thermal units per hour) or greater, all three-hour periods of operation during which the average temperature was more than 28ºC (82ºF) below the average combustion temperature during the most recent performance test; and

(m) For boilers or process heaters, whenever there is a change in the location at which the vent stream is introduced into the flame zone.

(4) Annual Report.

(a) The owner or operator subject to the requirements of this chapter shall submit to the Department an annual report for the period of January 1 through December 31 of each year.

(b) Unless otherwise stated, the annual report shall be submitted to the Department no later than March 15 of the following year.

(c) The annual report shall consist of the semi-annual reports and contain the following additional annual reporting requirements:

(i) MSW landfill name, owner and operator, and address;

(ii) Total volume of landfill gas collected for the entire reporting period (reported in standard cubic yards);

(iii) Average composition of the landfill gas collected over the reporting period (reported in percent methane and percent carbon dioxide by volume);

(iv) Gas control device type, year of installation, rating, fuel type, and total amount of landfill gas combusted in each control device;

(v) The date that the gas collection and control system was installed and in full operation;

(vi) The percent methane destruction efficiency of each gas control device(s);

(vii) The type and amount of supplemental fuels burned with the landfill gas in each device;

(viii) The total volume of landfill gas shipped off-site, the composition of the landfill gas collected (reported in percent methane and percent carbon dioxide by volume), and the recipient of the gas;

(ix) The most recent topographic map of the site showing the areas with final cover and a geomembrane and the areas with final cover without a geomembrane with corresponding percentages over the landfill surface;

(x) The information required in §B(1)(a)—(e), §B(1)(g), and §B(1)(j)—(l) of this regulation; and

(xi) Instrument specifications for all instruments used for monitoring compliance with this chapter.

(5) Waste-in-Place Report. The owner or operator subject to the requirements of Regulation .04B shall prepare a Waste-in-Place report for the period of January 1 through December 31 of each year and submit the following information to the Department by March 15 of the following year:

(a) MSW landfill name, owner and operator, and address;

(b) The MSW landfill’s status (active, closed, or inactive);

(c) The total estimated waste-in-place, in tons, as of December 31 of each year;

(d) A description of the known and assumed waste composition in the landfill; and

(e) The most recent topographic map of the site showing the areas with final cover and a geomembrane and the areas with final cover without a geomembrane with a calculation of the corresponding percentage geomembrane coverage over the landfill surface.

(6) Methane Generation Rate Report. The owner or operator subject to the requirements of Regulation .04B shall calculate the methane generation rate using the calculation procedures specified in Regulation .11D of this chapter and submit the results, along with a summary of efforts being implemented at the MSW landfill to reduce landfill gas emissions to the Department:

(a) By March 15, 2024 for MSW landfills with greater than 450,000 tons waste-in-place;

(b) Within 90 days of reaching 450,000 tons of waste-in-place;

(c) By March 15 of each subsequent year while waste-in-place is greater than 450,000 tons and the methane generation rate is less than 732 tons per year.

(d) Include in the report the methane generation calculation, along with relevant parameters, ; and

(e) Include in the report the results of a visual inspection of the landfill cover and any actions done to fix leaks and minimize methane releases.

(7) Performance Test Report.

(a) For a control system designed and operated to meet the requirements of this chapter, the owner or operator shall submit a Performance Test Report to the Department that establishes the reduction efficiency or parts per million by volume no later than 180 days after the initial startup of the approved control system using EPA Method 25 or 25C, 40 CFR Part 60, Appendix A.

(b) The owner or operator shall submit any additional performance test reports to the Department within 30 days after the date of completing each performance test, including any associated fuel analyses.

(c) The performance test report shall include the following information:

(i) A diagram of the collection system showing collection system positioning including all wells, horizontal collectors, surface collectors, or other gas extraction devices, all areas excluded from collection, and the proposed sites for the future collection system expansion;

(ii) The data upon which the sufficient density of wells, horizontal collectors, surface collectors, or other gas extraction devices and the gas mover equipment sizing are based;

(iii) The documentation of the presence of asbestos or non-decomposable material for each area from which collection wells have been excluded based on the presence of asbestos or non-decomposable material;

(iv) The sum of the gas generation flow rates for all areas from which collection wells have been excluded based on nonproductivity and the calculations of gas generation flow rate for each excluded area;

(v) The process for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow rate expected over the life of the landfill; and

(vi) The process for controlling off-site migration.

(d) The control device shall be operated within the parameter ranges established during the initial or most recent performance test, or manufacturer written specifications.

(e) The operating parameters shall be monitored in accordance with the procedures specified in Regulation .09B of this chapter.

(8) Gas Collection and Control System Design Plans. The collection and control system design plan shall be prepared by a professional engineer and shall meet the following requirements:

(a) The gas collection and control system as described in the design plan shall meet the design requirements and deadlines in Regulation .05A of this chapter;

(b) In the event that the design plan is required to be modified to obtain approval, the owner or operator shall take any steps necessary to conform any prior actions to the approved design plan; and

(c) If the owner or operator chooses to demonstrate compliance with the emission control requirements of this chapter using a treatment system as defined in this chapter, then the owner or operator shall prepare and submit to the Department a site-specific treatment system monitoring plan as specified in Regulation .05B(5) of this chapter.

(9) Amended Design Plans. The owner or operator who has previously been required to submit a design plan under Regulation .05Aof this chapter shall submit an amended design plan to the Department at least 90 days in advance of any of the following events:

(a) Expanding operations to an area not covered by the previously approved design plan; or

(b) Installing, repairing, or expanding the gas collection system in a way that is not consistent with the design plan previously approved by the Department.

(10) Corrective Action and Corresponding Timeline Reports.

(a) For corrective action that is required in accordance with the provisions in Regulation .09C of this chapter and is expected to take longer than 120 days after the initial exceedance to complete, the MSW landfill owner or operator shall submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Department for approval as soon as practicable but no later than 75 days after the first measurement of positive pressure or temperature monitoring value of 55ºC (131ºF).

(b) For corrective action that is required according to Regulation .09C and is not completed within 60 days after the initial exceedance, the MSW landfill owner or operator shall submit a notification to the Department as soon as practicable but no later than 75 days after the first measurement of positive pressure or temperature exceedance.

(11) Instantaneous Surface Emissions Monitoring Report.

(a) A MSW landfill owner or operator conducting surface emission monitoring in accordance with the provisions in Regulation .04B(3)(b) and (4) of this chapter shall submit an instantaneous surface emissions monitoring report to the Department within 30 days after the fourth consecutive quarter of monitoring if no exceedances are detected, or 30 days after a measured concentration of methane of 200 ppmv or greater, whichever is first.

(b) The instantaneous surface emissions monitoring report shall include:

(i) All results of the surface emissions monitoring, clearly identifying the location, date and time (to nearest second), average wind speeds including wind gusts, reading (in parts per million) of concentrations of methane above 100 ppmv, other than non-repeatable, momentary readings, and any corrective actions taken;

(ii) For location, the owner or operator shall determine the latitude and longitude coordinates using an instrument with an accuracy of at least 4 meters and the coordinates in decimal degrees with at least five decimal places; and

(iii) The results of the most recent methane generation rate calculation.

(12) 24-Hour High Temperature Report. Where an owner or operator seeks to demonstrate compliance with the operational standard for temperature in Regulation .09C(2)—(3) of this chapter and the landfill gas temperature measured at either the wellhead or at any point in the well is greater than or equal to 76.7ºC (170ºF), and the carbon monoxide concentration measured is greater than or equal to 1,000 ppmv, the owner or operator shall report the date, time, well identifier, temperature and carbon monoxide reading to the Department within 24 hours of the measurement unless a higher operating temperature value has been approved by the Department for the well.

(13) Repairs and Temporary Shutdown Notification.

(a) The owner or operator of an MSW landfill that intends to temporarily shut down a gas collection and control system in accordance with Regulation .05F of this chapter shall submit a notification of the shutdown to the Department at least 30 days in advance that includes a justification for the shutdown, the system component(s) that will require shutdown, and the approximate timeline for the shutdown.

(b) If a shutdown occurs due to catastrophic or other unplanned events as listed in Regulation .05F of this chapter, the notification shall be submitted to the Department within 10 days after the shutdown.

(14) Root Cause Analysis Report.

(a) If a person who owns or operates a MSW landfill cannot fully implement a corrective action required according to Regulation .09C within 120 days after the initial exceedance, the owner or operator shall submit the root cause analysis and additional analysis and reporting in accordance with §C(10) of this regulation as soon as practicable but no later than 75 days after the first measurement of positive pressure or temperature monitoring value of 55ºC (131ºF).

(b) The root cause analysis shall include a thorough investigation of the landfill gas collection and control system to determine the primary cause, and any other contributing causes, of positive pressure or high temperature at a wellhead. (c) The report shall include each factor investigated, methods used, and alternative causes that were analyzed.

(15) Bioreactor Moisture Content Report. If a MSW landfill owner or operator calculates moisture content to establish the date the bioreactor is required to begin operating the collection and control system, the owner or operator shall submit not later than 90 days after the bioreactor achieves 40-percent moisture content a bioreactormoisture content report to the Department that includes all of the following information:

(a) Results of the calculation;

(b)The date the bioreactor achieved 40-percent moisture content by weight: and

(c) The date the owner or operator will begin collection and control system operation.

(16) Liquids Addition Report.

(a) An owner or operator subject to the provisions in Regulation .05C of this chapter that has employed leachate recirculation or added liquids based on a research, development, and demonstration permit for landfill operations (issued through Resource Conservation and Recovery Act, subtitle D, part 258) within the last 10 years shall submit to Department, annually, the following information:

(i) Volume of leachate recirculated (gallons per year) and the reported basis of those estimates (records or engineering estimates);

(ii) Total volume of all other liquids added (gallons per year) and the reported basis of those estimates (records or engineering estimates);

(iii) Surface area (acres) over which the leachate is recirculated (or otherwise applied);

(iv) Surface area (acres) over which any other liquids are applied;

(v) The total waste disposed (megagrams) in the areas with recirculated leachate, added liquids, or both, based on on-site records to the extent data are available, or engineering estimates and the reported basis of those estimates; and

(vi) The annual waste acceptance rates (megagrams per year) in the areas with recirculated leachate, added liquids, or both, based on on-site records to the extent data are available, or engineering estimates.

(b) The initial report shall include the information listed in §C(16)(a) of this regulation for the initial annual reporting period as well as for each of the previous 10 years, to the extent historical data is in possession or control of the owner or operator.

(c) The initial report shall be submitted to the Department no later than 12 months after the date of commenced construction, modification, or reconstruction.

(d) Subsequent annual reports shall include the information listed in §C(16)(a) of this regulation for the 365-day period following the 365-day period included in the previous annual report.

(e) All subsequent annual reports shall be submitted to the Department no later than 365 days after the date the previous report was submitted.

(f) Landfills may cease annual reporting of the information listed in §C(16)(a) of this regulation once they have submitted the closure notification in §C(1) of this regulation to the Department.

(17) Design Capacity Report.

(a) An amended design capacity report shall be submitted to the Department within 90 days of an increase in the maximum design capacity of the landfill to meet or exceed 2,750,000 tons and 3,260,000 cubic yards.

(b) An increase in design capacity may result from an increase in the permitted volume of the MSW landfill and/or an increase in the density.

.11 Test Methods and Procedures.

The owner or operator of a MSW landfill shall use the following test methods and procedures to demonstrate compliance with the provisions of this chapter:

A. Hydrocarbon Detector Specification. Any instrument used for the measurement of methane shall be a gas detector or other equivalent instrument approved by the Department that meets the calibration, specifications, and performance criteria of EPA Reference Method 21, Determination of Volatile Organic Compound Leaks, 40 CFR Part 60, Appendix A, as amended except for the following modifications and adjustments:

(1) “Methane” shall replace all references to volatile organic compounds (VOC);

(2) The calibration gas shall be methane, diluted to a nominal concentration of 500 parts per million in air;

(3) To meet the performance evaluation requirements in section 8.1 of Method 21 of 40 CFR Part 60, Appendix A the instrument evaluation procedures of section 8.1 of Method 21 of 40 CFR. Part 60, Appendix A shall be used; and

(4) The calibration procedures provided in sections 8 and 10 of Method 21 of 40 CFR Part 60, Appendix A shall be followed immediately before commencing a surface monitoring survey.

B. Determination of Expected Gas Generation Flow Rate. The expected gas generation flow rate shall be determined in accordance with 40 CFR §63.1960(a)(1), as amended.

C. Determination of Control Device Destruction Efficiency. The following methods of analysis shall be used to determine the efficiency of the control device in reducing methane:

(1) Enclosed Combustors. One of the following test methods shall be used to determine the efficiency of the control device in reducing methane by at least 99 percent, or in reducing the outlet methane concentration for lean burn engines to less than 3,000 ppmv, dry basis, corrected to 15 percent oxygen:

(a) U.S. EPA Reference Method 18, Measurement of Gaseous Organic Compound Emissions by Gas Chromatography;

(b) U.S. EPA Reference Method 25, Determination of Total Gaseous Nonmethane Organic Emissions as Carbon;

(c) U.S. EPA Reference Method 25A, Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer; or

(d) U.S. EPA Reference Method 25C, Determination of Nonmethane Organic Compounds in Landfill Gases.

(2) The following equation shall be used to calculate destruction efficiency:

 

D. Determination of Methane Generation Rate. The following methods and procedures shall be used to determine the methane generation rate, as applicable: 

(1) MSW Landfills without Carbon Adsorption or Passive Venting Systems.

(a) The methane generation rate shall be calculated using the procedures specified in 40 CFR §98.343(a)(1) or 40 CFR §98.463(a)(1), as amended.

(b) The Department may request additional information as may be necessary to verify the methane generation rate from the landfill and site-specific data may be substituted when available.

(2) MSW Landfills with Carbon Adsorption Systems.

(a) The methane generation rate shall be determined by measuring the actual total landfill gas flow rate, in standard cubic feet per minute (scfm), using a flow meter or other flow measuring device such as a standard pitot tube and the methane concentration (percent by volume) using a hydrocarbon detector meeting the requirements of Regulation .11A of this chapter.

(b) The total landfill gas flow rate shall be multiplied by the methane concentration to determine the methane generation rate.

(3) MSW Landfills with Passive Venting Systems. The methane generation rate shall be determined using the following methods and shall be the higher of those determined values:

(a) The test methods in Regulation .11D(1)(a); and

(b) The measured actual landfill gas flow rates (in units of scfm) using a flow measuring device such as a standard pitot tube and methane concentration (percent by volume) using a hydrocarbon detector meeting the requirements of Regulation .11A from each venting pipe that is within the waste mass.

(i) Each gas flow rate shall be multiplied by its corresponding methane concentration to obtain the individual methane flow rate.

(ii) The individual methane flow rates shall be added together to determine the methane generation rate.

(4) The methane generation rate shall include waste received during the previous calendar year, from January 1 through December 31.

E. Open Flares. Open flares shall meet the requirements of 40 CFR §60.18, as amended.

F. Surface Emissions Monitoring. The owner or operator shall measure the landfill surface concentration of methane using a hydrocarbon detector meeting the requirements of Regulation .11A of this chapter. The landfill surface shall be inspected using the following procedures:

(1) General Procedures for Instantaneous and Integrated Monitoring.

(a) The entire MSW landfill surface or monitoring area shall be divided into individually identified 50,000 square foot grids and include the entire perimeter of the collection area.

(b) The grids shall be used for both instantaneous and integrated surface emissions monitoring.

(c) Surface emissions monitoring shall be performed in accordance with section 8.3.1 of EPA Method 21 of Appendix A of 40 CFR. Part 60 by holding the inlet probe of the hydrocarbon detector within 2 inches of the landfill surface while traversing the grid.

(d) The walking pattern shall be no more than a 25-foot spacing interval and shall traverse each monitoring grid.

(i) If the owner or operator has no exceedances of the limits specified in Regulation .07A of this chapter after any four consecutive quarterly monitoring periods, the walking pattern spacing may be increased to 100-foot intervals.

(ii) The owner or operator shall return to a 25-foot spacing interval upon any exceedances of the limits specified in Regulation .07A of this chapter that cannot be remediated within 10 calendar days or upon any exceedances detected during a compliance inspection.

(iii) If an owner or operator of a MSW landfill can demonstrate that in the past 3 years before the effective date of this regulation that there were no measured exceedances of the limit specified in Regulation .07A(1) of this chapter by annual or quarterly monitoring, the owner or operator may increase the walking pattern spacing to 100-foot intervals.

(e) Average wind speed shall be determined on a 5-minute average using an on-site anemometer with a continuous recorder and data logger for the entire duration of the monitoring event.

(f) The owner or operator shall use a wind barrier, similar to a funnel, when onsite average wind speed exceeds 4 miles per hour or 2 meters per second or gust exceeding 10 miles per hour.

(g) The wind barrier shall surround the surface emission monitoring monitor, and shall be placed on the ground, to ensure wind turbulence is blocked.

(h) Surface emissions monitoring shall not be conducted if average wind speed exceeds 25 miles per hour.

(i) Surface emissions monitoring shall be performed during typical meteorological conditions.

(2) Instantaneous Surface Emissions Monitoring Procedures.

(a) The owner or operator of a MSW landfill shall record any instantaneous surface readings of methane 100 ppmv or greater and shall document if the reading is a confirmed reading or whether it is a non-repeatable, momentary reading.

(b) Surface areas of the MSW landfill that equal or exceed a methane concentration limit of 500 ppmv, or 200 ppmv if this is to determine compliance with the requirements in Regulation .04B(3)(b), shall be marked and remediated in accordance with Regulation .09A(1) of this chapter.

(c) Surface areas of the MSW landfill that equal or exceed a methane concentration limit of 250 ppmv (for compliance with Regulation .09B(7) of this chapter), or 100 ppmv (for compliance with Regulation .04B(3)(b) of this chapter), shall be monitored in a 5-foot grid around the location to determine the extents of the methane leak.

(d) The wind speed shall be recorded during the sampling period.

(e) The landfill surface areas with cover penetrations, distressed vegetation, cracks, or seeps shall also be inspected visually and with a hydrocarbon detector meeting the requirements in §A of this regulation.   

(f) If a MSW landfill is not subject to quarterly monitoring but is otherwise required to monitor in accordance with the provisions in 40 CFR Part 63 Subpart AAAA, 40 CFR 60 Subpart WWW or XXX, the MSW landfill owner or operator may reduce monitoring to annually at a specific penetration location if no methane is detected with the hydrocarbon detector at that specific penetration location for four consecutive quarters, but the penetration location shall return to quarterly monitoring if any subsequent methane concentration is detected during annual monitoring.    

(g) The location of each monitored exceedance shall be marked and the location and concentration recorded.

(i) The location shall be recorded using an instrument with an accuracy of at least 4 meters.

(ii) The coordinates shall be in decimal degrees with at least five decimal places.

(3) Integrated Surface Emissions Monitoring Procedures.

(a) Integrated surface readings shall be recorded and then averaged for each grid.

(b) Individual monitoring grids that exceed an average methane concentration of 25 ppmv shall be identified and remediated in accordance with Regulation .09A(2) of this chapter.

(c) The wind speed shall be recorded during the sampling period.

G. Gas Collection and Control System Leak Inspection Procedures. Leaks shall be measured using a hydrocarbon detector meeting the requirements of Regulation .11A of this chapter.

H. Wellhead Monitoring.

(1) An owner or operator of a MSW landfill shall determine wellhead nitrogen levels using EPA Reference Method 3C, Determination of Volatile Organic Compound Leaks, 40 CFR Part 60, Appendix A, as amended, unless an alternative test method is approved by the Department.

(2) Unless an alternative test method is established and approved by the Department, an owner or operator of an MSW landfill shall determine wellhead oxygen levels by an oxygen meter using EPA Reference Method 3A or 3C, 40 CFR Part 60, Appendix A, or ASTM D6522-20, (if sample location is prior to combustion) except that:

(a) The span shall be set between 10 and 12 percent oxygen;

(b) A data recorder is not required;

(c) Only two calibration gases are required, a zero and span;

(d) A calibration error check is not required; and

(e) The allowable sample bias, zero drift, and calibration drift are ±10 percent.

(3) The owner and operator of a MSW landfill may use a portable gas composition analyzer to monitor wellhead oxygen levels provided that the analyzer is calibrated and the analyzer meets all quality assurance and quality control requirements for 40 CFR Part 60, Appendix A-1, Method 3A or ASTM D6522-11.

(4) Determination of Gauge Pressure.

(a) Wellhead gauge pressure shall be determined using a hand-held manometer, magnehelic gauge, or other pressure measuring device approved by the Department.

(b) The device shall be calibrated and operated in accordance with the manufacturer’s specifications.

(5) An owner or operator of a MSW landfill shall calibrate the wellhead temperature measuring devices annually using the procedure in 40 CFR Part 60, Appendix A-1, Method 2, Section 10.3, except that a minimum of two temperature points, bracket within 10 percent of all landfill absolute temperature measurements or two fixed points of ice bath and boiling water, corrected for barometric pressure, are used.

I. Enhanced Monitoring. The owner or operator of a MSW landfill shall initiate enhanced monitoring at each well with a measurement of landfill gas temperature greater than 62.8 ºC (145 ºF) as follows:

(1) Visual observations for subsurface oxidation events (smoke, smoldering ash, damage to well) within the radius of influence of the well;

(2) Monitor oxygen or nitrogen concentration as provided in Regulation .09C of this chapter;

(3) Monitor temperature of the landfill gas at the wellhead as provided in Regulation .09C of this chapter;

(4) Monitor temperature of the landfill gas every 10 vertical feet of the well as provided in Regulation .09C of this chapter;

(5) Monitor the methane concentration with a methane meter using EPA Method 3C of Appendix A-6 to 40 CFR Part 60, EPA Method 18 of Appendix A-6 to 40 CFR. part 60, or a portable gas composition analyzer to monitor the methane levels provided that the analyzer is calibrated and the analyzer meets all quality assurance and quality control requirements for EPA Method 3C or EPA Method 18;

(6) Monitor carbon monoxide concentrations, as follows:

(a) Collect the sample from the wellhead sampling port in a passivated canister or multi-layer foil gas sampling bag (such as the Cali-5-Bond Bag) and analyze that sample using EPA Method 10, 40 CFR Part 60, Appendix A-4, or an equivalent method with a detection limit of at least 100 ppmv of carbon monoxide in high concentrations of methane; and

(b) Collect and analyze the sample from the wellhead using EPA Method 10, 40 CFR Part 60, Appendix A-4 to measure carbon monoxide concentrations.

(7) The enhanced monitoring shall begin 7 days after the first measurement of landfill gas temperature greater than 62.8ºC (145ºF);

(8) The enhanced monitoring shall be conducted on a weekly basis.

(a) If four consecutive weekly carbon monoxide readings are under 100 ppmv, then enhanced monitoring may be decreased to a monthly basis.

(b) If monthly carbon monoxide readings exceed 100 ppmv, the MSW landfill shall return to weekly monitoring.

(9) The enhanced monitoring can be stopped once a higher operating value is approved, at which time the monitoring provisions issued with the higher operating value shall be followed, or once the measurement of landfill gas temperature at the wellhead is less than or equal to 62.8ºC (145ºF);

(10) For each wellhead with a measurement of landfill gas temperature greater than or equal to 73.9ºC (165ºF), annually monitor temperature of the landfill gas every 10 vertical feet of the well; and

(11) The owner or operator may use a removable thermometer or use temporary or permanent thermocouples installed in the well to monitor the temperature of the landfill gas.

J. Bioreactor Moisture Content.

(1) The bioreactor moisture content calculation shall consider the following:

(a) Waste mass;

(b) Moisture content of the incoming waste;

(c) Mass of water added to the waste including leachate recirculation and other liquids addition and precipitation;

(d) Mass of water removed through leachate or other water losses; and

(e) Moisture level sampling or mass balances.

(2) The owner or operator of a MSW landfill subject to the requirements in Regulation .04C of this chapter shall document the calculations and the basis of any assumptions and keep the record of the calculations until liquids addition ceases.

K. Alternative Test Methods. Alternative test methods may be used upon written approval by the Department and EPA.

HORACIO A. TABLADA
Secretary of the Environment

 

 

Special Documents


 

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Notice of Final Determination — General Permit for Stormwater Discharges Associated with Construction Activity

 

The Maryland Department of the Environment is reissuing the State/National Pollution Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction Activity. The new permit will be No. 20-CP (NPDES No. MDRC), effective April 1, 2023. This permit replaces the 14-GP, which expired on December 31, 2019. The permit applies to stormwater discharges from construction activities in the state of Maryland that will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land.

A public notice on the tentative determination to reissue the discharge permit was published by the Department’s Water and Science Administration (WSA) in September 2020 in newspapers across the State of Maryland. The notice was published in the Maryland Register on September 25, 2020. The Department held a public hearing regarding the tentative determination on November 10, 2020.  Notice of the hearing was included in those publications. The public comment period concluded on December 24, 2020. In preparing a final determination, the Department informally sought additional comments on August 12, 2022, limited to four subject areas, accepting these comments through September 12, 2022. After considering all comments received either in writing or through oral testimony during the comment period, the Department has made a final determination to issue the permit.

Listed below are a summary of the major revisions to the tentative determination included in the Department’s final determination:

 

Climate Change Impacts have been addressed

Including revising E&SC plans based on updates to the ESC Handbook Standards and Specifications for Soil Erosion and Sediment Control, when the approved plan expires (every 3 years).

Requirements to account for potential increases in temperature of Use III or Use IV waters due to changes in climate when selecting control measures.

 

Changes related to Authorization Under This Permit

The definition for signatory has been updated to be consistent with the Federal and State Regulations, and a duly authorized representative has been added for signing of documents such as SWPPPs.

The permit now indicates that you list your own related permits for other activities at the site, or if part of a common plan the permit of the owner.

The permit Part II Table 1, Deadlines for Permit Coverage, NOI Submittal Deadline has been updated to indicate that a complete application is required at least 14 Days prior to construction for the following: new operators, transfers, or an increase in construction activity. Notes indicating that the Department may require additional information or actions prior to approval have also been added.

The clarification for fees in the permit applies only to single family home builders within a common plan of development, where the common Plan of development E&SC calls out Standard Plans for the lots, and each individual lot is less than an acre.

The permit requires a completed and signed E&SC, and where applicable a signed SWPPP, signed Antidegradation Checklist, and payment, as part of a complete application, prior to the 14 day public notification period.

The permit is updated to clarify that a SWPPP maybe used in lieu of an E&SC plan in cases where the facility isn’t subject to plans under Title 4, such as structures built on agricultural lands when an approved E&SC isn’t available.

A clarification has been added for when grading may begin on state or federal phased approvals.

 

Changes related to Technology-Based Limits

A number of clarifications related to technology-based limits were provided, including but not limited to:

The permit requires that downstream impacts related to potential flooding are minimized for projects that span long periods of time (i.e. more than a half a year).

The permit has been changed to require advance approval for cationic chemical additives via an NOI amendment request with the associated SWPPP, which must be submitted a week prior to intended use. For approved anionic chemical additives an amended NOI request and a SWPPP must be submitted no later than a week after the product was first used.

The permit now includes requirements to use MERLIN “https://dnr.maryland.gov/Pages/Merlin.aspx” to identify where threatened and endangered species are located along with information on who to consult with from DNR with questions, a requirement to indicate in the NOI if they exist within the project areas, and a requirement to include on the E&SC areas where protections must take place based on consultation with DNR.

 

Changes related to Water Quality-Based Limits

Adopting turbidity benchmarks of 150 NTU daily maximum related to dewatering. This includes requirements for taking corrective actions within specified deadlines, procedures for turbidity benchmark monitoring from dewatering discharges and Appendix for “Turbidity Monitoring Report Form”.

In order to clarify the criteria for water quality standards, the permit is updated to include specific reference to COMAR 26.08.02 where the entire standards are found in regulation and in addition states the narrative non-numeric criteria.

The permit clarifies that Tier II protections are to ensure that existing in-stream water uses and the level of water quality necessary to protect existing uses are maintained and protected (as provided in COMAR Antidegradation Policy Implementation Procedures).

 

Changes related to Site Inspections and Records

A number of clarifications on inspection frequency, processes and record keeping were made.

 

Changes related Corrective Actions

The permit adds flexibility that records can be in a logbook, a SWPPP, or in electronic form.

The permit is updated to clarify Part III.D.2.a is one business day.

 

Changes related to Training and Preconstruction

The permit clarifies that MDE Compliance Program is the construction program to contact when scheduling a preconstruction meeting.

The permit language is modified to specify that the qualified person needs to be on-site at a frequency and duration sufficient to ensure compliance with the requirements of the SWPPP (if applicable) and E&SC Plan.

The permit language now states that individuals responsible for compliance with the design be involved on the stormwater team, rather than the designer specifically.

 

Changes related SW Pollution Prevention Plan (SWPPP)

Several references to joint liability were updated to be consistent with the updated Federal Permit.

Inconsistent requirements for contaminated soils have been updated and examples have been included of how to check for contaminated soils provided.

SWPPP requirements for Common Plans have been updated to indicate each entity working in an area is cognizant that their activities do not compromise any other operators’ controls and/or any shared controls. The main developer at a minimum must keep a working SWPPP with all those working within the Development.

Clarifications on what construction activities are exempt from submitting a SWPPP to MDE.

 

Changes related to Definitions and Mistakes Made

Several cross-reference errors were corrected, definitions updated and other minor clarifications were provided.

 

Any person adversely affected by this final determination may file a petition for judicial review. Petitions for judicial review of a final determination or permit decision subject to judicial review must be filed in accordance with §1-605 of the Environment Article no later than within 30 days after publication of a notice of final determination, and must be filed in a circuit court in Maryland. Petitions for judicial review must conform to the applicable Maryland Rules of Civil Procedure. Failure to file a petition for judicial review will constitute a waiver of any right to a judicial review of this final determination.

The final permit, responses to comments, and associated documentation may be found on the Department’s website. To view and print the final permit and response documents, you may use this link https://mdewwp.page.link/CGP. Persons seeking to review the final permit and associated file may alternatively do so by contacting Mr. Hlavinka via email at paul.hlavinka@maryland.gov to make an appointment. Copies of documents may be obtained at a cost of $0.36 per page.

Any questions regarding this final determination should be directed to Paul Hlavinka or Jennifer Nitsch at the Maryland Department of the Environment, Water and Science Administration, at paul.hlavinka@maryland.gov, jennifer.nitsch@maryland.gov or by telephone at 410- 537-3323 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

[22-27-06]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0039

 

Baltimore District

US Army Corps of Engineers

Navigation Branch

2 Hopkins Plaza

Baltimore, Maryland, 21203

 

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 Water Quality Certification 22-WQC-0039

 

Location:   Herring Bay and Rockhold Creek Federal Navigation Channel Deale, Anne Arundel County, Maryland

 

Proposed Work and Purpose: To hydraulically or mechanically dredge the Herring Bay and Rockhold Creek channel to its authorized depth of 7 feet MLLW (plus two feet of allowable overdepth) for a width of 100 feet, resulting in approximately 50,000 cubic yards of material consisting of clay, mud, sand, silt, and shell. Advanced maintenance dredging (one additional foot) may be conducted at the portion of the channel near the jetties. Dredged material is proposed to be hydraulically pumped or trucked to a nearby existing upland placement site known as the South County Dredged Material Placement Site. The purpose of this project is to maintain the authorized dimensions of the channel in order to improve navigation.

 

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.

[22-27-07]

 

WATER AND SCIENCE ADMINISTRATION

Final Determination to Issue Stormwater Permit — Carroll County, Maryland — NO. 22-DP-3319, NPDES NO. MD0068331

 

The Maryland Department of the Environment (Department) has reached a final determination to issue a National Pollutant Discharge Elimination System permit to Carroll County (Discharge Permit No. 22-DP-3319, NPDES No. MD0068331) for Discharges from Medium Municipal Separate Storm Sewer Systems (MS4) on December 30, 2022.  This permit covers stormwater discharges into, through, or from the storm drain system owned or operated jurisdiction-wide by Carroll County and the following incorporated municipalities: The Towns of Hampstead, Manchester, Mt. Airy, New Windsor, Sykesville, Union Bridge and the Cities of Taneytown and Westminster (co-permittees).  Permit requirements include implementing comprehensive stormwater management programs for addressing runoff from new and redevelopment projects, restoring urban areas where there is currently little or no stormwater management, and working toward meeting stormwater wasteload allocations for local water resources and the Chesapeake Bay. Also included in the permit are conditions that require the County to possess the necessary legal authority to control stormwater discharges, map its storm drain system, monitor urban runoff, and eliminate illicit discharges to the storm drain system.  The Department has met with various stakeholders over the past several years regarding this permit, held a public hearing on April 12, 2022 to accept testimony, and accepted public comments through June 9, 2022.  It is the Department’s final determination that this permit complies with the United States Environmental Protection Agency’s NPDES regulations to control stormwater pollutant discharges from the County’s storm drain system to the maximum extent practicable.

 

The Department’s final determination is subject to judicial review at the request of any person that meets the threshold standing requirements under federal law and participated in the public participation process through the submission of written or oral comments.  The final determination may be found on the Department’s website at mde.maryland.gov or by contacting Mr. Stewart Comstock, Maryland Department of the Environment, 1800 Washington Blvd., Suite 440, Baltimore, Maryland 21230-1708, or call (410) 537-3543.  Requests for judicial review in accordance with §1-601 and §1-605 of the Environment Article need to be made on or before January 29, 2023. 

[22-27-08]

 

WATER AND SCIENCE ADMINISTRATION

Final Determination to Issue Stormwater Permit
Charles County, Maryland
NO. 22-DP-3322, NPDES NO. MD0068365

 

The Maryland Department of the Environment (Department) reached a final determination to issue a National Pollutant Discharge Elimination System (NPDES) permit to Charles County (Discharge Permit No. 22-DP-3322, NPDES No. MD0068365) for Discharges from Medium Municipal Separate Storm Sewer Systems (MS4) on December 30, 2022.  This permit covers stormwater discharges into, through, or from the storm drain system owned or operated jurisdiction-wide by Charles County.  Permit requirements include implementing comprehensive stormwater management programs for addressing runoff from new and redevelopment projects, restoring urban areas where there is currently little or no stormwater management, and working toward meeting stormwater wasteload allocations for local water resources and the Chesapeake Bay.  Also included in the permit are conditions that require the County to possess the necessary legal authority to control stormwater discharges, map its storm drain system, monitor urban runoff, and eliminate illicit discharges to the storm drain system.  The Department has met with various stakeholders over the past several years regarding this permit, held a public hearing on April 27, 2022 to accept testimony, and accepted public comments through June 9, 2022.  It is the Department’s final determination that this permit complies with the United States Environmental Protection Agency’s NPDES regulations to control stormwater pollutant discharges from the County’s storm drain system to the maximum extent practicable.

 

The Department’s final determination is subject to judicial review at the request of any person that meets the threshold standing requirements under federal law and participated in the public participation process through the submission of written or oral comments.  The final determination may be found on the Department’s website at mde.maryland.gov or by contacting Mr. Stewart Comstock, Maryland Department of the Environment, 1800 Washington Blvd., Suite 440, Baltimore, Maryland 21230-1708, or call (410) 537-3543.  Requests for judicial review in accordance with §1-601 and §1-605 of the Environment Article need to be made on or before January 29, 2023.

[22-27-09]

 

WATER AND SCIENCE ADMINISTRATION

Final Determination to Issue Stormwater Permit
Frederick County, Maryland
NO. 22-DP-3321, NPDES NO. MD0068357

 

The Maryland Department of the Environment (Department) reached a final determination to issue a National Pollutant  Discharge Elimination System (NPDES) permit to Frederick County (Discharge Permit No. 22-DP-3321, NPDES No. MD0068357) for Discharges from Medium Municipal Separate Storm Sewer Systems (MS4) on December 30, 2022.  This permit covers stormwater discharges into, through, or from the storm drain system owned or operated jurisdiction-wide by Frederick County.  Permit requirements include implementing comprehensive stormwater management programs for addressing runoff from new and redevelopment projects, restoring urban areas where there is currently little or no stormwater management, and working toward meeting stormwater wasteload allocations for local water resources and the Chesapeake Bay.  Also included in the permit are conditions that require the County to possess the necessary legal authority to control stormwater discharges, map its storm drain system, monitor urban runoff, and eliminate illicit discharges to the storm drain system.  The Department has met with various stakeholders over the past several years regarding this permit, held a public hearing on April 21, 2022 to accept testimony, and accepted public comments through June 9, 2022.  It is the Department’s final determination that this permit complies with the United States Environmental Protection Agency’s NPDES regulations to control stormwater pollutant discharges from the County’s storm drain system to the maximum extent practicable.

 

The Department’s final determination is subject to judicial review at the request of any person that meets the threshold standing requirements under federal law and participated in the public participation process through the submission of written or oral comments.  The final determination may be found on the Department’s website at mde.maryland.gov or by contacting Mr. Stewart Comstock, Maryland Department of the Environment, 1800 Washington Blvd., Suite 440, Baltimore, Maryland 21230-1708, or call (410) 537-3543.  Requests for judicial review in accordance with §1-601 and §1-605 of the Environment Article need to be made on or before January 29, 2023. 

[22-27-10]

 

WATER AND SCIENCE ADMINISTRATION

Final Determination to Issue Stormwater Permit
Harford County, Maryland
NO. 22-DP-3310, NPDES NO. MD0068268

 

The Maryland Department of the Environment (Department) reached a final determination to issue a National Pollutant Discharge Elimination System (NPDES) permit to Harford County (Discharge Permit No. 22-DP-3310, NPDES No. MD0068268) for Discharges from Medium Municipal Separate Storm Sewer Systems (MS4) on December 30, 2022.  This permit covers stormwater discharges into, through, or from the storm drain system owned or operated jurisdiction-wide by Harford County.  Permit requirements include implementing comprehensive stormwater management programs for addressing runoff from new and redevelopment projects, restoring urban areas where there is currently little or no stormwater management, and working toward meeting stormwater wasteload allocations for local water resources and the Chesapeake Bay. Also included in the permit are conditions that require the County to possess the necessary legal authority to control stormwater discharges, map its storm drain system, monitor urban runoff, and eliminate illicit discharges to the storm drain system.  The Department has met with various stakeholders over the past several years regarding this permit, held a public hearing on April 27, 2022 to accept testimony, and accepted public comments through June 9, 2022.  It is the Department’s final determination that this permit complies with the United States Environmental Protection Agency’s NPDES regulations to control stormwater pollutant discharges from the County’s storm drain system to the maximum extent practicable.

 

The Department’s final determination is subject to judicial review at the request of any person that meets the threshold standing requirements under federal law and participated in the public participation process through the submission of written or oral comments.  The final determination may be found on the Department’s website at mde.maryland.gov or by contacting Mr. Stewart Comstock, Maryland Department of the Environment, 1800 Washington Blvd., Suite 440, Baltimore, Maryland 21230-1708, or call (410) 537-3543.  Requests for judicial review in accordance with §1-601 and §1-605 of the Environment Article need to be made on or before January 29, 2023. 

[22-27-11]

 

WATER AND SCIENCE ADMINISTRATION

Final Determination to Issue Stormwater Permit
Howard County, Maryland
NO. 22-DP-3318, NPDES NO. MD 0068322

 

The Maryland Department of the Environment (Department) reached a final determination to issue a National Pollutant Discharge Elimination System (NPDES) permit to Howard County (Discharge Permit No. 22-DP-3318, NPDES No. MD0068322) for Discharges from Medium Municipal Separate Storm Sewer Systems (MS4) on December 30, 2022.  This permit covers stormwater discharges into, through, or from the storm drain system owned or operated jurisdiction-wide by Howard County.  Permit requirements include implementing comprehensive stormwater management programs for addressing runoff from new and redevelopment projects, restoring urban areas where there is currently little or no stormwater management, and working toward meeting stormwater wasteload allocations for local water resources and the Chesapeake Bay.  Also included in the permit are conditions that require the County to possess the necessary legal authority to control stormwater discharges, map its storm drain system, monitor urban runoff, and eliminate illicit discharges to the storm drain system.  The Department has met with various stakeholders over the past several years regarding this permit, held a public hearing on April 26, 2022 to accept testimony, and accepted public comments through June 9, 2022. It is the Department’s final determination that this permit complies with the United States Environmental Protection Agency’s NPDES regulations to control stormwater pollutant discharges from the County’s storm drain system to the maximum extent practicable.

The Department’s final determination is subject to judicial review at the request of any person that meets the threshold standing requirements under federal law and participated in the public participation process through the submission of written or oral comments.  The final determination may be found on the Department’s website at mde.maryland.gov or by contacting Mr. Stewart Comstock, Maryland Department of the Environment, 1800 Washington Blvd., Suite 440, Baltimore, Maryland 21230-1708, or call (410) 537-3543.  Requests for judicial review in accordance with §1-601 and §1-605 of the Environment Article need to be made on or before January 29, 2023. 

[22-27-12]

 

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Official Handgun Roster

     The official Handgun Roster is a complete list of handguns manufactured after January 1, 1985, that have received final approval by the Handgun Roster Board and that are not otherwise prohibited by law to be sold in Maryland. The roster is a live document, continuously updated, that can be accessed at https://licensingportal.mdsp.maryland.gov/MSPBridgeClient/#/home.

     Effective, July 1, 2021, handgun model numbers were no longer considered by the Maryland Handgun Roster Board.

     Any questions regarding the roster can be addressed to the Handgun Roster Board Administrator, Ms. Rachel Rosenberg (410-653-4247).

 

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 December 30, 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

PALMETTO STATE ARMORY

PA-15

5.56 NATO

 

 UMAREX (BERETTA USA)

92 FSR

22 LR

Model addition

Myrl's Country LLC

MC-15

5.56x45mm NATO

Caliber addition

Myrl's Country LLC

MC-15

7.62X39mm

Caliber addition

F. LLI PIETTA (TAYLOR’S & CO.)

1873 SA

9 mm

Model addition

WYTWORNIA BRONI POPINSKI (WBP) (ARMS OF AMERICA)

MINI JACK MJ556SR

223 Rem, 5.56x45mm NATO

Model addition

SMITH & WESSON

M&P 9 M2.0 Metal

9 mm

Model addition

Armscor Philippines (Armscor Precision International)

M1911 A1-FS

45 ACP

Model addition

SMITH & WESSON

PERFORMANCE CENTER MODEL 637 ENHANCED ACTION

38 S&W SPL +P

Model addition

Lionheart Industries

Regulus Alpha

9 mm

 

SIG SAUER/SIGARMS INC.

1911 SCORPION

45 ACP

Model addition

Matrix Arms

MX19

9 mm

 

BERETTA (BERETTA USA)

APX Centurion

9 mm, 40 S&W

Model addition

KALASHNIKOV USA

KP-104 Pistol

7.62X39mm

 

MAXIM DEFENSE

MDX PISTOL

300 BLK, 7.62X39mm

Caliber addition

TAURUS

GX4XL

9 mm

Model addition

MOSSBERG

MAVERICK 88 CRUISER

20 Gauge

Caliber addition

FN AMERICA LLC

509 MIDSIZE MRD

9 mm

Model addition

CHAMBERS CUSTOM PISTOLS

2019

38 Super

Caliber addition

MASTERPIECE ARMS

DS9 Hybrid

9 mm

 

SPRINGFIELD ARMORY/INC.

1911 DS PRODIGY

9 mm

 

SIG SAUER/SIGARMS INC.

P320 AXG Combat

9 mm

Model addition

COLT/COLTS MFG. CO., INC.

Combat Unit CCO

45 ACP

Model addition

PIONEER ARMS CORPORATION

HELLPUP

5.56 NATO

Caliber addition

SARSILMAZ (SAR USA)

SAR 9SC

9 mm

Model addition

ANDERSON MANUFACTURING

KIGER-9C

9 mm

 

WILSON COMBAT

SUPERGRADE COMMANDER SPECIAL

45 ACP

Caliber addition

FN HERSTAL

FIVE-SEVEN MRD MK3

5.7X28 mm

Model addition

BUL TRANSMARK, LTD (MAGNUM RESEARCH)

MR1911C

45 ACP

Model addition

GQ Armory

Paladin Pistol

300 BLK

 

SIG SAUER/SIGARMS INC.

P220 LEGION

10 mm

Caliber addition

AMERICAN TACTICAL

Galeo Pistol

5.56 NATO

 

TAURUS / Aria Ballistic Engineering Inc.

RAGING JUDGE 513

410 Gauge, 45 LC, 454 Casull, 460 S&W Mag

Model addition

WILDEY / Aria Ballistic Engineering Inc.

SURVIVOR

475 Wildey Magnum

Model addition

CHIAPPA / Aria Ballistic Engineering Inc.

CHARGING RHINO 60DS

10mm Magnum, 10 mm, 40 S&W

Model addition

CHIAPPA / Aria Ballistic Engineering Inc.

RHINO HUNTER 50DS

10mm Magnum, 10 mm, 40 S&W

Model addition

CHIAPPA / Aria Ballistic Engineering Inc.

RHINO DEFENDER 20DS

10 mm, 40 S&W

Model addition

CHIAPPA / Aria Ballistic Engineering Inc.

RHINO DEFENDER 40DS

10 mm, 40 S&W

Model addition

RUGER / Aria Ballistic Engineering Inc.

REDHAWK

10mm Magnum

Model addition

RUGER / Aria Ballistic Engineering Inc.

GP100 TALO

10mm Magnum

Model addition

RUGER / Aria Ballistic Engineering Inc.

GP100 MATCH CHAMPION

10mm Magnum

Model addition

BERSA S.A. (RSA ENTERPRISES, INC)

THUNDER 40 PRO

40 S&W

 

WOLFPACK ARMORY

WP15 Pistol / CSR300

300 BLK

 

BERETTA USA

92X RDO Full Size GR

9 mm

Model addition

BERETTA USA

92X RDO Full Size FR

9 mm

Model addition

Myrl's Country LLC

MC-10

308 Win

 

TAURUS

TX22 Competition

22 LR

Model addition

SMITH & WESSON

PERFORMANCE CENTER MODEL 41

22 LR

Model addition

SIG SAUER/SIGARMS INC.

MCX SPEAR LT Pistol

300 BLK, 5.56 NATO, 7.62X39mm

Model addition

SMITH & WESSON

Equalizer

9 mm

Model addition

CARL WALTHER (WALTHER ARMS)

WMP

22 WMR

 

Vudoo Gun Works

1911 Mobius

45 ACP, 9 mm, 22 LR

 

BUL ARMORY

AXE C Tomahawk

9 mm

 

FN AMERICA LLC

509 CC Edge

9 mm

 

Wise Arms, LLC

WA-15B

300 BLK, 5.56 NATO

 

Firing Squad Inc. / Glock

45

9 mm

 

F. TANFOGLIO (ITALIAN FIREARMS GROUP)

DEFIANT FORCE PLUS

40 S&W

Caliber addition

CZ (DWJ)

CZ 75 SC Massada

9 mm

 

TRIARC SYSTEMS

TSR-15 Pistol

5.56 NATO

 

STOEGER (STOEGER INDUSTRIES INC.)

STR-9MC

9 mm

Model addition

STOEGER (STOEGER INDUSTRIES INC.)

STR-40

40 S&W

Model addition

MAGNUM RESEARCH

BFR

357 Mag

Caliber addition

STURM RUGER

MAX-9 PRO

9 mm

Model addition

TAURUS S.A. FORJAS (TAURUS INTERNATIONAL INC.)

RAGING HUNTER

500 S&W Magnum

Caliber addition

COLT/COLTS MFG. CO., INC.

NIGHT COBRA

38 Spl

Model addition

Lionheart Industries

Regulus Beta

9 mm

Model addition

Lionheart Industries

Regulus Combat

9 mm

Model addition

KORTH (NIGHTHAWK CUSTOM)

KORTH CLASSIC 

44 Mag

Caliber addition

[22-27-13]

 

DEPARTMENT OF TRANSPORTATION

OFFICE OF MINORITY BUSINESS ENTERPRISE

Subject: Announcement of Calendar Year 2023 Limitation on the Personal Net Worth (PNW) of a Socially and Economically Disadvantaged Individual as it relates to Certification of a Minority Business Enterprise (MBE)

Add’l Info: The Maryland Department of Transportation Office of Minority Business Enterprise (OMBE) gives notice that effective January 1, 2023, the Personal Net Worth of a socially and economically disadvantaged owner whose ownership interest in a firm is relied upon for certification in the State’s MBE program, may not exceed $1,995,008. This PNW limit will apply to all MBE certification decisions rendered between January 1, 2023, and December 31, 2023. This action is taken in accordance with State Finance and Procurement Article, §14-301(k)(3), Annotated Code of Maryland. 

Contact: Sabrina Bass (410) 865-1240

[22-27-14]

 

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.


 

DEPARTMENT OF THE ENVIRONMENT

Subject: Public Meeting

Date and Time: January 19, 2023, 10 a.m. — 12 p.m.

Place: Online via Google Meet. Access link available on monthly agenda at https://mde.maryland.gov/programs/permits/EnvironmentalBoards/Pages/BWW_Meetings.aspx, MD.

Add’l. Info: A portion of this meeting may be held in closed session.

Contact: Dee Settar 410-537-4162

[22-27-03]

 

DEPARTMENT OF THE ENVIRONMENT

Subject: Public Hearing

Date and Time: January 27, 2023, 10 — 11 a.m.

Place: Via the GoTo Meeting platform

Add’l. Info: The Maryland Department of the Environment (MDE) gives notice of a public hearing concerning the Baltimore Moderate Nonattainment Area 0.070 ppm 8-Hour Ozone State Implementation Plan Attainment Demonstration addressing the 2015 Ozone National Ambient Air Quality Standards (NAAQS). A virtual public hearing will be held on:

     Friday, January 27, 2023 10 a.m. (EST)

     Use the following link to join by computer or laptop or call the toll free number:

     https://meet.goto.com/219418493

     United States (Toll Free): 1 877 309 2073

     Access Code: 219-418-493

     The Public Hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410(a) and 40 CFR 51.102). Interested persons are invited to attend and express their views. After the Department considers the comments received, and revises the proposal if necessary, all related items will be submitted to the U.S. Environmental Protection Agency.

     An electronic copy of the proposed Baltimore Moderate Nonattainment Area 0.070 ppm 8-Hour Ozone Attainment SIP revision will be available on the Maryland Department of the Environment’s website at https://mde.maryland.gov/programs/Air/AirQualityPlanning/Pages/index.aspx.

     Note: the public library systems in Maryland can be used for Internet access to view the document. Copies of the document can also be obtained via email by writing to Catherine Salarano at Catherine.Salarano@Maryland.gov.

     Written comments may be presented at the hearing, faxed to 410-537-3203, emailed to Catherine.Salarano@Maryland.gov, or mailed to Catherine Salarano, MDE ARA, 1800 Washington Boulevard, Suite 730, Baltimore, MD 21230. Comments must be received before 5 p.m. on January 27, 2023.

     Anyone needing special accommodations at a public hearing should contact the Department’s Fair Practices Office at (410) 537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735-2258.

Contact: Catherine Salarano (410) 537-4415

[22-27-02]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: January 19, 2023, 1 — 4 p.m.

Place: 4160 Patterson Ave., Baltimore, MD

Add’l. Info: Hybrid Meeting — Please register to attend via Zoom from the MHCC website at mhcc.maryland.gov.

Contact: Valerire Wooding 410-764-3570

[22-27-04]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Notice of Receipt of Letter of Intent to Reopen a Level II Neonatal Intensive Care Unit at the University of Maryland Capital Region Medical Center

Add’l. Info: On December 8, 2022, the Maryland Health Care Commission received from Dimension Health Corporation d/b/a University of Maryland Capital Region Health a letter of intent to reopen Level III neonatal intensive care services at Capital Region Medical Center.

     Pursuant to COMAR 10.24.01.08A(3), the Commission hereby initiates a 30-day period in which additional Letters of Intent to apply for a Certificate of Need may be submitted to establish NICU services in the Southern Region (Montgomery, Prince Georges, Charles, Calvert, and St. Mary’s counties). Additional Letters of Intent should be submitted to the Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, and are due by the close of business, January 30, 2023.

Contact: Ruby Potter 4107643276

[22-27-05]