Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.01 General
Authority: Natural Resources
Article, §4-215, Annotated Code of Maryland
Notice of Final Action
[24-039-F-I]
On July 16, 2024, the Secretary of Natural Resources adopted amendments to Regulation .01 under COMAR
08.02.01 General. This action, which was proposed for adoption in 51:10 Md.
R. 532—533 (May 17, 2024), has been adopted as proposed.
Effective Date: August 5, 2024.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02
FISHERIES SERVICE
08.02.04 Oysters
Authority: Natural Resources Article, §4-215, Annotated Code of
Maryland
Notice of Final Action
[24-053-F]
On July 16, 2024, the Secretary of Natural Resources adopted
amendments to Regulation .04 under COMAR 08.02.04 Oysters. This
action, which was proposed for adoption in 51:10 Md. R. 533—534 (May 17, 2024),
has been adopted as proposed.
Effective Date: August 5, 2024.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02
FISHERIES SERVICE
08.02.05 Fish
Authority: Natural Resources Article, §4-2A-03, Annotated Code of
Maryland
Notice of Final Action
[24-045-F]
On July 16, 2024, the Secretary of Natural Resources adopted
amendments to Regulation .29 under COMAR 08.02.05 Fish. This
action, which was proposed for adoption in 51:10 Md. R. 535—536 (May 17, 2024),
has been adopted as proposed.
Effective Date: August 5, 2024.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02
FISHERIES SERVICE
08.02.08 Shellfish—General
Authority: Natural Resources Article, §§4-2A-03 and 4-901,
Annotated Code of Maryland
Notice of Final Action
[24-048-F]
On July 16, 2024, the Secretary of Natural Resources adopted
amendments to Regulations .06 and .10 under COMAR 08.02.08
Shellfish—General. This action, which was proposed for adoption in 51:10
Md. R. 536—537 (May 17, 2024), has been adopted as proposed.
Effective Date: August 5, 2024.
JOSH KURTZ
Secretary of Natural Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.24 Medical Assistance
Eligibility
Authority: Estates and Trusts Article, §14.5-1002; Health-General
Article, §§2-104(b), 2-105(b), 15-103, 15-105, 15-121, and 15-401—15-407;
Annotated Code of Maryland
Notice of Final Action
[23-180-F]
On July 17, 2024, the Secretary of Health adopted amendments to
Regulation .03 under COMAR 10.09.24 Medical Assistance Eligibility.
This action, which was proposed for adoption in 50:18 Md. R. 814 (September 8,
2023), has been adopted as proposed.
Effective Date: August 5, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.36 General Medical
Assistance Provider Participation Criteria
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Final Action
[23-343-F]
On July 17, 2024, the Secretary of Health adopted amendments to
Regulations .01 and .04 under COMAR 10.09.36 General Medical
Assistance Provider Participation Criteria. This action, which was proposed
for adoption in 51:4 Md. R. 203—204 (February 23, 2024), has been adopted as
proposed.
Effective Date: August 5, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.36 General Medical
Assistance Provider Participation Criteria
Authority: Health General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Final Action
[23-188-F]
On July 17, 2024, the Secretary of Health adopted amendments to
Regulation .03-2 under COMAR 10.09.36 General Medical Assistance
Provider Participation Criteria. This action, which was proposed for
adoption in 50:18 Md. R. 814—815 (September 8, 2023), has been adopted as
proposed.
Effective Date: August 5, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Notice of Final Action
[23-329-F]
On July 17, 2024, the Secretary of Health adopted:
(1) New Regulations .01—.09
under a new chapter,
COMAR 10.09.64 Collaborative Care Model;
(2) Amendments to Regulation .01
under COMAR 10.67.01 Maryland Medicaid Managed Care Program: Definitions; and
(3) Amendments to Regulation .26 under COMAR 10.67.06
Maryland Medicaid Managed Care Program: Benefits.
This action, which was proposed for adoption in 51:3 Md. R.
164—166 (February 9, 2024), has been adopted with the nonsubstantive changes
shown below.
Effective Date: August 5, 2024.
Attorney General’s Certification
In
accordance with State Government Article, §10-113, Annotated Code of Maryland,
the Attorney General certifies that the following changes do not differ
substantively from the proposed text. The nature of the changes and the basis
for this conclusion are as follows:
The changes could have been reasonably anticipated by interested
parties, do not substantially change the intended benefits of the regulation,
and do not increase the burdens of the regulations as proposed. The specific
changes are as follows:
COMAR 10.09.64.01: The Maryland Department of Health (the
Department) clarifies the definition of Collaborative Care Model to include
substance use disorder caseload reviews and updates the definition of primary
care provider to align with COMAR 10.67.05.05.
COMAR 10.09.64.03: The Department clarifies the services covered
under the Collaborative Care Model include substance use disorder caseload
reviews.
COMAR 10.09.64.04: The Department updates the eligibility criteria
for Collaborative Care Model services to include any behavioral health
diagnosis that is clinically appropriate for the primary care setting for which
there is a validated tool to monitor symptoms and quantify outcomes.
COMAR 10.67.01.01: The Department clarifies the definition of
Collaborative Care Model to include substance use disorder caseload reviews.
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.64 Collaborative Care Model
Authority: Health-General Article, §15–141.1, Annotated Code of
Maryland
.01 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1) (proposed text unchanged)
(2) “Collaborative Care Model” means the Psychiatric
Collaborative Care Model, a patient-centered, evidence-based approach for
integrating physical and behavioral health services in primary care settings
that includes:
(a) (proposed text unchanged)
(b) Regular, systematic monitoring and treatment using a
validated clinical rating scale; [[and]]
(c) Regular, systematic psychiatric or substance use disorder
caseload reviews, or both; and
(d) Regular, systematic consultation for patients who do
not show clinical improvement.
(3)—(4) (proposed text unchanged)
(5) “Primary care provider (PCP)” means a physician, [[advance
practice nurse, or physician assistant]] or other provider
type as defined in COMAR 10.67.05.05, who is the primary coordinator of
care for the [[participant]] enrollee, and
whose responsibility is to provide accessible, continuous, comprehensive, and
coordinated health services covering the full range of benefits required by the
Maryland Medical Assistance Program.
(6)—(7) (proposed text unchanged)
.03 Covered Services.
The Program covers the following medically necessary services
rendered to participants under the Collaborative Care Model:
A. (proposed text unchanged)
B. Regular, systematic monitoring and treatment using a
validated clinical rating scale; [[and]]
C. Regular, systematic psychiatric or substance use disorder
caseload reviews, or both; and
D. Regular, systematic consultation for patients who do
not show clinical improvement.
.04 Eligibility for Services.
Eligibility for services under the Collaborative Care Model is
limited to participants with [[one of the following diagnoses:
A. Mild to moderate anxiety or depression; or
B. Substance use disorder]] a behavioral
health diagnosis that is clinically appropriate for the primary care setting
for which there is a validated tool to monitor symptoms and quantify outcomes.
Subtitle 67 MARYLAND HEALTHCHOICE PROGRAM
10.67.01 Maryland Medicaid Managed Care Program: Definitions
Authority: Health-General Article, §§15-101 and 15-103(b),
Annotated Code of Maryland
.01 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(33) (proposed text unchanged)
(33-1) “Collaborative Care Model” means the Psychiatric
Collaborative Care Model, a patient-centered, evidence-based approach for
integrating physical and behavioral health services in primary care settings
that includes:
(a) (proposed text unchanged)
(b) Regular, systematic monitoring and treatment using a
validated clinical rating scale; [[and]]
(c) Regular, systematic psychiatric or substance use disorder
caseload reviews, or both; and
(d) Regular, systematic consultation for patients who do
not show clinical improvement.
(34)—(182) (proposed text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.80 Community-Based
Substance Use Disorder Services
Authority: Health-General Article, §§2-104(b), 7.5-204, 7.5-205(d),
7.5-402, 8-204(c)(1), 15-103(a)(1), and 15-105(b), Annotated Code of Maryland
Notice of Final Action
[23-302-F]
On July 17, 2024, the Secretary of Health adopted amendments to
Regulations .01, .05, and .08 under COMAR 10.09.80
Community-Based Substance Use Disorder Services. This action, which was
proposed for adoption in 51:1 Md. R. 37—38 (January 12, 2024), has been adopted
as proposed.
Effective Date: August 5, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 15 FOOD
10.15.04 Food and Drink Processing and Transportation
Authority: Health-General Article, §§18-102, 21-101, 21-102,
21-211, 21-234, 21-301, 21-304, 21-308, 21-309.1, 21-309.2, and 21-336,
Annotated Code of Maryland
Notice of Final Action
[23-323-F]
On July 17, 2024, the Secretary of Health adopted amendments to
Regulations .01, .02, and .04, the repeal of Regulations .05—.26,
and new Regulations .05—.18 and .20—.23 under COMAR 10.15.04
Food and Drink Processing and Transportation. This action, which was
proposed for adoption in 51:5 Md. R. 234—247 (March 8, 2024), has been adopted
as proposed.
Effective Date: August 5, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 15 FOOD
10.15.06 Production,
Processing, Transportation, Storage, and Distribution of Grade “A” Milk
Authority: Health-General Article, §§2-104, 2-105, 21-210, 21-211,
21-406, and 21-428, Annotated Code of Maryland
Notice of Final Action
[23-326-F-I]
On July 17, 2024, the Secretary of Health adopted amendments to
Regulations .02, .03, .05, .10, and .11
under COMAR 10.15.06 Production, Processing, Transportation, Storage, and
Distribution of Grade “A” Milk. This action, which was proposed for
adoption in 51:2 Md. R. 82—83 (January 26, 2024), has been adopted as proposed.
Effective Date: August 5, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 41 BOARD OF EXAMINERS FOR
AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND
MUSIC THERAPISTS
Notice of Final Action
[23-138-F]
On July 16, 2024, the Secretary of Health adopted:
(1) Amendments to Regulations .01—.04
under COMAR 10.41.01 Collection of Fees;
(2) Amendments to Regulations .01,
.02, and .04 under COMAR 10.41.02
Code of Ethics;
(3) Amendments to Regulations .02,
.03, .05, and .06 under COMAR 10.41.03 Licensure and Continuing
Education;
(4) Amendments to Regulations .01,
.02, .06, and .08 under COMAR 10.41.04 Rules of Procedure for Board
Hearings;
(5) New Regulations .01—.07
under a new chapter, COMAR 10.41.05
Music Therapy;
(6) Amendments to Regulations .01-1,
.02, .06, .08, .11, and .12, and new Regulation .14
under COMAR 10.41.08 Hearing Aid
Dispensing;
(7) Amendments to Regulation .02
under COMAR 10.41.09 Civil Penalties;
(8) Amendments to Regulations .01,
.02, and .05—.07, the repeal of existing Regulation .03, new Regulation .04,
amendments to and the recodification of existing Regulations .04, .08, and .09 to be .03, .09, and .10,
respectively, and the recodification of existing Regulation .10 to be .08 under COMAR 10.41.11
Speech-Language Pathology Assistants and Audiology Assistants; and
(9) Amendments to Regulations .02
and .04 under COMAR 10.41.13 Sanctioning Guidelines.
This action, which was proposed for adoption in 50:16 Md. R.
738—750 (August 11, 2023), has been adopted with the nonsubstantive changes
shown below.
Effective Date: August 5, 2024.
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:
COMAR 10.41.03.02B(4): This change defines 1 CEU as being equal to
60 minutes.
COMAR 10.41.08.08B(1): This change adds the following frequencies:
250 Hz, 6,000 Hz, and 8,000 Hz to the air conduction test requirements.
COMAR 10.41.11.01B(6): This change provides clarity to the
definition of direct supervision.
COMAR 10.41.11.01B(7): This change adds speech-language
pathologists and speech-language pathology assistants to the definition of
general supervision.
COMAR 10.41.11.03(3)(a)(ii): This change removes the phrase “in an
exempt setting”.
COMAR 10.41.11.05B(1): This change replaces the term
“registration” with “certification”.
10.41.03 Licensure and Continuing Education
Authority: Health-Occupations Article, §§2-205, 2-302, 2-302.2,
2-304, 2-305, 2-308, 2-310, 2-310.2, 2-311(c), 2-312(b), 2-314(11), and
2-314.9, Annotated Code of Maryland
.02 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(2) (proposed text unchanged)
[[(3)—(7) (text unchanged)]]
(3) (proposed text unchanged)
(4) "Continuing education unit (CEU)" means
[[the basic unit of measurement]] a period of 60 minutes
for a licensee's direct participation in an approved continuing education
experience. "Continuing education unit (CEU)" is used only with
reference to fulfilling requirements for renewal of full licensure.
(5)—(7) (proposed text unchanged)
10.41.08 Hearing Aid Dispensing
Authority: Health Occupations Article, §§2-101(d), 2-205, 2-302.1,
2-304, 2-308, 2-310.1, 2-311(c), 2-311—2-314.8, 2-314(10) and (11), and
2-314.9, Annotated Code of Maryland
.08 Testing Procedures.
A. (proposed text unchanged)
B. The licensee or holder of a limited license shall perform the
following minimum testing procedures on each client evaluated prior to the fitting of a hearing aid or hearing aids:
(1) Pure tone air conduction
thresholds at 250 Hz, 500
Hz, 1,000 Hz, 2,000 Hz, [[and]] 4,000 Hz, 6,000
Hz, and 8,000 Hz, including masking as
needed, if the threshold between the
ears differs, at any frequency, by:
(a)—(c) (proposed text unchanged)
(2)—(3) (proposed text unchanged)
C.—G. (proposed text unchanged)
10.41.11 Speech-Language Pathology Assistants and Audiology Assistants
Authority: Health Occupations Article, §§2-101, 2-102, 2-205, 2-308, 2-311(c), 2-312(b), 2-314, 2-319, 2-3A-01—2-3A-07, 2-401, 2-402.4, and 2-406,
Annotated Code of Maryland
.01 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(5) (proposed text unchanged)
(6) Direct Supervision.
(a) “Direct supervision” means on-site, in-view,
observation and guidance by a supervising speech-language pathologist or audiologist while on an assigned
activity.
(b) “Direct supervision” includes
the supervising audiologist viewing and communicating with the speech-language
pathology assistant or audiology assistant via telecommunication technology to
provide clinical services.
(c) “Direct supervision” does not
include reviewing a recorded session at a later time.
(7) “General supervision” means the supervision of a licensed speech-language
pathology assistant or audiology assistant by a licensed speech-language
pathologist or audiologist who may or may not be present when the licensed speech-language
pathology assistant or audiology assistant assists in the practice of speech-language
pathology or audiology.
(8)—(11) (proposed text unchanged)
.03 Speech-Language
Pathology Assistant Limited License.
A. (proposed text unchanged)
B. Supervised Practice
Requirements.
(1)—(2) (proposed text unchanged)
(3) During the period of limited licensure, the speech-language
pathology assistant shall:
(a) Practice only under the supervision of:
(i) (proposed text unchanged)
(ii) [[In an exempt setting, an]] An
individual who holds a Certificate of Clinical Competence in speech-language
pathology from the American Speech-Language-Hearing Association;
(b)—(c) (proposed text unchanged)
(4)—(6) (proposed text unchanged)
.05 Waiver of Requirements.
A. (proposed text unchanged)
B. The Board may waive any of the qualifications required for a
license to practice as a speech-language pathology assistant or an audiology assistant under this
chapter for an individual who:
(1) Holds a valid [[registration]] certification
as a speech-language pathology assistant or an audiology assistant from the American Speech-Language-Hearing
Association;
(2)—(3) (proposed text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 53 BOARD OF
NURSING—ELECTROLOGY PRACTICE COMMITTEE
Notice of Final Action
[23-170-F]
On July 17, 2024, the Secretary of Health adopted:
(1) Amendments to Regulation .05 under COMAR 10.53.08 Instruments
and Procedures; and
(2) New Regulation .01 and amendments to and the
recodification of existing Regulations .01—.03 to be Regulations .02—.04,
under COMAR 10.53.09 Sterilization Procedures.
This action, which was proposed for adoption in 50:17 Md. R.
773—774 (August 25, 2023), has been adopted as proposed.
Effective Date: August 5, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 60 BOARD OF ENVIRONMENTAL
HEALTH SPECIALISTS
10.60.01 General Regulations
Authority: Health Occupations Article, §§21-101—21-502, Annotated
Code of Maryland
Notice of Final Action
[23-181-F]
On July 16, 2024, the Secretary of Health adopted amendments to
Regulations .03 and .05 under COMAR 10.60.01 General
Regulations. This action, which was proposed for adoption in 50:18 Md. R.
816—817 (September 8, 2023), has been adopted as proposed.
Effective Date: August 5, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 60 BOARD OF
ENVIRONMENTAL HEALTH SPECIALISTS
Notice of Final Action
[23-272-F]
On July 16, 2024, the Secretary of Health adopted:
(1) Amendments to Regulations .08 and .09 under COMAR
10.60.02 Licensing Procedures; and
(2) Amendments to Regulation .01, the repeal of existing
Regulation .02, amendments to and the recodification of existing
Regulation .03 to be Regulation .02, the recodification of
existing Regulation .04 to be Regulation .03, and new Regulations
.04 and .05 under COMAR 10.60.03 Continuing Education.
This action, which was proposed for adoption in 50:25 Md. R.
1102—1103 (December 15, 2023), has been adopted as proposed.
Effective Date: August 5, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 65 BOARD OF MASSAGE THERAPY
EXAMINERS
Notice of Final Action
[23-273-F]
On July 16, 2024, the Secretary of Health adopted:
(1) Amendments to Regulations .06
and .09 under COMAR 10.65.02 Rules of Procedure for Board Hearings;
(2) Amendments to Regulations .02—.09
under COMAR 10.65.03 Code of Ethics;
(3) Amendments to Regulations .01—.06
under COMAR 10.65.04 Advertising;
(4) Amendments to Regulations .01—.04
under COMAR 10.65.05 Continuing
Education Requirements;
(5) Amendments to Regulations .01
and .02 under COMAR 10.65.06 Record Keeping;
(6) Amendments to Regulations .01—.03,
the repeal of existing Regulation .04,
and amendments to and recodification of existing Regulations .05 and .06 to be Regulations .04
and .05, respectively, under COMAR 10.65.09 Sanctioning Guidelines.
This action, which was proposed for adoption in 51:2 Md. R. 86—94
(January 26, 2024), has been adopted as proposed.
Effective Date: August 5, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Title 14
INDEPENDENT AGENCIES
Subtitle 35 MARYLAND HEALTH BENEFIT
EXCHANGE
Notice of Final Action
[24-058-F]
On July 16, 2024, the Maryland Health Benefit Exchange adopted:
(1) Amendments to Regulation .02 under COMAR 14.35.01 General Provisions;
(2) New Regulation .23 under COMAR 14.35.07 Eligibility
Standards for Enrollment in a Qualified Health Plan, Eligibility Standards for
APTC and CSR, and Eligibility Standards for Enrollment in a Catastrophic
Qualified Health Plan in the Individual Exchange; and
(3) Amendments to Regulation .05 under COMAR 14.35.15 Carrier
Certification Standards.
This action, which was proposed for adoption in 51:11 Md. R.
591—592 (May 31, 2024), has been adopted as proposed.
Effective Date: August 5, 2024.
MICHELE EBERLE
Executive Director
Subtitle 39 INTERAGENCY COMMISSION ON
SCHOOL CONSTRUCTION
14.39.02 Administration of the
Public School Construction Program
Authority: Education Article, §§4-126, 5-112, and 5-303; State
Finance and Procurement Article, §5-7B-07; Annotated Code of Maryland
Notice of Final Action
[23-251-F-I]
On June 13, 2024, the Interagency Commission on School
Construction adopted new Regulation .01, the recodification of existing
Regulations .01—.03, .05, and .07—.31 to be Regulations .02—.04,
.06, and .08—.32, respectively, and amendments to and the
recodification of existing Regulations .04 and .06 to be
Regulations .05 and .07, respectively, under COMAR 14.39.02
Administration of the Public School Construction Program. This action,
which was proposed for adoption in 51:6 Md. R. 308—309 (March 22, 2024), has
been adopted as proposed.
Effective Date: August 5, 2024.
ALEX DONAHUE
Executive Director
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 14 BOARD OF VETERINARY
MEDICAL EXAMINERS
15.14.09 Qualifications for
Licensure, by Examination, as a Veterinarian
Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code
of Maryland
Notice of Final Action
[23-191-F]
On July 15, 2024, the Maryland Department of Agriculture adopted
amendments to Regulation .03 under COMAR 15.14.09 Qualifications for
Licensure, by Examination, as a Veterinarian. This action, which was
proposed for adoption in 50:25 Md. R. 1103—1104 (December 15, 2023), has been
adopted as proposed.
Effective Date: August 5, 2024.
STEVEN A. CONNELLY
Deputy Secretary of Agriculture
Title 26
DEPARTMENT OF ENVIRONMENT
Subtitle 11 AIR QUALITY
26.11.03 Permits, Approvals,
and Registration — Title V Permits
Authority: Environment Article, §§1-101, 1-404, 2-101—2-103,
2-301—2-303, 2-401, 2-403, and 2-404, Annotated Code of Maryland
Notice of Final Action
[24-031-F]
On July 10, 2024, the Secretary of the Environment adopted the
repeal of Regulation .24 under COMAR 26.11.03 Permits, Approvals, and
Registration — Title V Permits. This action, which was proposed for
adoption in 51:8 Md. R. 374 (April 19, 2024), has been adopted as proposed.
Effective Date: August 5, 2024.
SERENA McILWAIN
Secretary of the Environment
Subtitle 11 AIR
QUALITY
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
Notice of Final Action
[24-032-F]
On July 17, 2024, the Secretary of the Environment adopted
amendments to Regulations .03—.06 and .09—.11 under COMAR
26.11.42 Control of Methane Emissions from Municipal Solid Waste Landfills.
This action, which was proposed for adoption in 51:10 Md. R. 538—541 (May 17,
2024), has been adopted as proposed.
Effective Date: August 5, 2024.
SERENA McILWAIN
Secretary of the Environment
Title 35
MARYLAND DEPARTMENT OF VETERANS AND MILITARY FAMILIES
Subtitle 01 GENERAL
35.01.01 Purpose; Definitions
Authority: General Provisions Article, §1-109.1; State
Government Article, §§9-901, 9-902, and 9-904—9-907; Annotated Code of
Maryland
Notice of Final Action
[24-062-F]
On July 16, 2024, the Maryland Department of Veterans and Military
Families adopted amendments to Regulation .02 and new Regulation .05
under COMAR 35.01.01 Purpose; Definitions. This action, which was
proposed for adoption in 51:11 Md. R. 597 (May 31, 2024), has been adopted as
proposed.
Effective Date: August 5, 2024.
ANTHONY C. WOODS
Secretary of Veterans and Military Families
Proposed Action on Regulations
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 03 COMMISSIONER OF
FINANCIAL REGULATION
09.03.15 Shared
Appreciation Agreements
Authority: Financial Institutions Article, §§2-105.1, 12-926,
and 12-1030, Annotated Code of Maryland
Notice of Change to Opportunity for Public Comment
[24-070-P]
The notice of
Opportunity for Public Comment that appeared in 51:14 Md. R. 689 (July 12,
2024) has been corrected. The deadline for public comment is August 12, 2024,
not July 14, 2024, as originally published. The corrected notice follows:
Opportunity for Public Comment
Comments may be sent to
Amy Hennen, Director of Legislative Response, Office of Financial Regulation,
1100 Eutaw St. Ste. 611, Baltimore, MD 21201, or call 410-230-6094, or email to
amy.hennen@maryland.gov. Comments will be accepted through August 12, 2024. A
public hearing has not been scheduled.
TONY SALAZAR
Commissioner
Subtitle 11 REAL ESTATE COMMISSION
09.11.09 Fees
Authority: Business Occupations and Professions Article, §§17-213
and 17-403; Business Regulation Article, §§2-106.3 and 2-106.4;
Annotated Code of Maryland
Notice of Proposed Action
[24-075-P]
The Maryland Real Estate Commission proposes to amend Regulation .02
under COMAR 09.11.09 Fees. This action was considered at a public
meeting of the Maryland Real Estate Commission held on June 12, 2024, notice of
which was provided by posting on the Maryland Real Estate Commission website
pursuant to General Provisions Article, §3-302(c)(3), Annotated Code of
Maryland.
Statement of Purpose
The purpose of this action is to amend the list of Maryland Real
Estate Commission fees.
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 Raquel Meyers, Interim Executive Director,
Maryland Department of Labor, Maryland Real Estate Commission, 1100 N. Eutaw
Street, 3rd Floor, Baltimore, MD 21201, or call 410-230-6227, or email to
raquel.meyers@maryland.gov. Comments will be accepted through August 26, 2024.
A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by Maryland Real
Estate Commission during a public meeting to be held on September 18, 2024, at
10:30 a.m., via Google Meet at meet.google.com/mve-nbse-fgv. Join by phone by
dialing 1-515-329-5263; PIN: 461 304 044#.
.02 Schedule of Fees.
Fees charged by the Commission are as follows:
A. Original license fees (including a $20 Guaranty Fund fee set
by statute):
(1) Broker — [$213]
$211;
(2) Associate broker — [$146] $143;
(3) Salesperson — [$101] $98;
B.—H. (text unchanged)
DONNA HORGAN
Chair
Maryland Real Estate Commission
Subtitle 12 DIVISION OF LABOR AND
INDUSTRY
09.12.32 Heat Stress
Standards
Authority: Labor and Employment Article, §§2-106(b)(5) and
5-1201(b), Annotated Code of Maryland
Notice of Proposed Action
[24-081-P]
The Commissioner of Labor and Industry proposes to adopt new
Regulations .01—.10 under a new chapter, COMAR 09.12.32 Heat Stress
Standards.
Statement of Purpose
The purpose of this action is to establish minimum requirements
for employers to protect employees from heat stress-related illness caused by
heat stress as required by Ch. 308 (H.B. 722), Acts of 2020.
Estimate of Economic Impact
I. Summary of Economic Impact. State agencies and local
governments are employers subject to the Maryland Occupational Safety and
Health Act, and will be required to comply with the proposed regulations. To
the extent that they are not already providing the requisite water, shade, and
rest to workers exposed to heat above the stated thresholds, and/or training to
prevent heat related illness, governments will need to take steps to do so.
Water must already be provided, so additional costs to provide the specified
amounts should not be significant. Shade may be readily available to many
workers. To the extent that shade must be provided, a variety of options are
readily available from national retailers such as Home Depot, Lowes, Amazon,
and Target. These include large umbrellas, canopies, and shade sails in a range
of sizes, at costs of under $50 to $300 or more for larger sizes with walls as
well as overhead protection. Personal protective equipment to reduce heat
burden on employees, such as cooling vests, is available (again, from a variety
of sources) for approximately $50 (for water-based cooling) to $200 or more for
more advanced technology with greater cooling duration. See, e.g.,
https://www.uline.com/Grp_434/Cooling-Products. Employers may also rotate
workers from heat-exposed environments to cool environments (such as air
conditioned vehicles), adjust work hours to cooler times of day, or implement
similar administrative measures with minimal cost. Employers implementing the
recommended break schedules during high-heat conditions may incur increased
downtime costs, and lower productivity, during those days. Cumulative break
time at the 90-degree heat index level would total approximately 40 minutes for
an 8-hour shift. However, most employers provide a meal break; since the
proposed regulations permit heat breaks to take place concurrently with meal
breaks, the incremental downtime of the required breaks is less than the full
40 minutes. (The same offset would apply to the lengthier breaks at the 100-degree
heat index level, though the reduction would be more modest because the
cumulative break time is longer.) To the extent that employers are not already
providing additional break time to employees performing work in hot conditions,
the proposed regulations could result in lost time and lower productivity, as
well as some increase in costs. Although those costs are difficult to estimate,
according to 2023 Bureau of Labor Statistics data, the mean hourly wage in
Maryland is $35.40 per hour. However, many of the occupations where workers
experience significant heat exposure while working earn below that mean. For
example, the mean wages of restaurant workers, janitors, couriers, landscaping
workers, agricultural workers, and several categories of drivers are all below
$20 per hour. The wages of workers across all construction occupations also lie
below the mean, at just over $30 per hour. The number of days each year that
either the 90-degree heat index or the 100-degree heat index thresholds would
be met will vary year to year, though data shows that temperatures are trending
upward. Heat index readings are localized and historical data was not readily
available. However, temperature readings in various geographic points
throughout Maryland are maintained historically by NOAA, and the data may have
some use as identifying lower bound on the number of days in a particular
region that heat-related illness prevention measures may be triggered under the
proposed regulations. (Because the heat index takes humidity into account, and
Maryland’s environment is quite humid, the heat index often exceeds the air
temperature.) On the other side of the equation, employers implementing these
measures may experience offsetting reductions in absenteeism due to
heat-related illness, and/or increased productivity. Further, the costs of
developing a written heat-related illness prevention program, which would
require supervisory or management involvement, and potentially involvement of
safety professionals, may be mitigated by using the resources of the agency’s
public sector consultation program, which is designed to assist public sector
entities in complying with safety standards.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Division of Labor and
Industry
|
(E-)
|
Minor
|
|
B. On other State agencies:
|
(E-)
|
Indeterminable but potentially meaningful;
may be offset to some extent by reduced absenteeism, illness, and injury due
to heat-related conditions.
|
|
C. On local governments:
|
(E-)
|
Indeterminable but potentially meaningful;
may be offset to some extent by reduced absenteeism, illness, and injury due
to heat-related conditions.
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
(+)
|
Indeterminable but potentially meaningful;
may be offset to some extent by reduced absenteeism, illness, and injury due
to heat-related conditions.
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
(+)
|
Indeterminable, but public health will be
improved due to greater protection from heat related illness.
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. The agency can absorb the costs of implementing the proposed
regulations within existing resources.
B. State agencies and local governments are employers subject to
the Maryland Occupational Safety and Health Act, and will be required to comply
with the proposed regulations. To the extent that they are not already
providing the requisite water, shade, and rest to workers exposed to heat above
the stated thresholds, and/or training to prevent heat related illness,
governments will need to take steps to do so. Water must already be provided,
so additional costs to provide the specified amounts should not be significant.
Shade may be readily available to many workers. To the extent that shade must
be provided, a variety of options are readily available from national retailers
such as Home Depot, Lowes, Amazon, and Target. These include large umbrellas,
canopies, and shade sails in a range of sizes, at costs of under $50 to $300 or
more for larger sizes with walls as well as overhead protection. Personal
protective equipment to reduce heat burden on employees, such as cooling vests,
is available (again, from a variety of sources) for approximately $50 (for
water-based cooling) to $200 or more for more advanced technology with greater
cooling duration. See, e.g., https://www.uline.com/Grp_434/Cooling-Products.
Employers may also rotate workers from heat-exposed environments to cool
environments (such as air conditioned vehicles), adjust work hours to cooler
times of day, or implement similar administrative measures with minimal cost.
Employers implementing the recommended break schedules during high-heat conditions
may incur increased downtime costs, and lower productivity, during those days.
Cumulative break time at the 90-degree heat index level would total
approximately 40 minutes for an 8-hour shift. However, most employers provide a
meal break; since the proposed regulations permit heat breaks to take place
concurrently with meal breaks, the incremental downtime of the required breaks
is less than the full 40 minutes. (The same offset would apply to the lengthier
breaks at the 100-degree heat index level, though the reduction would be more
modest because the cumulative break time is longer.) To the extent that
employers are not already providing additional break time to employees
performing work in hot conditions, the proposed regulations could result in
lost time and lower productivity, as well as some increase in costs. Although
those costs are difficult to estimate, according to 2023 Bureau of Labor
Statistics data, the mean hourly wage in Maryland is $35.40 per hour. However,
many of the occupations where workers experience significant heat exposure
while working earn below that mean. For example, the mean wages of restaurant
workers, janitors, couriers, landscaping workers, agricultural workers, and
several categories of drivers are all below $20 per hour. The wages of workers
across all construction occupations also lie below the mean, at just over $30
per hour. The number of days each year that either the 90-degree heat index or
the 100-degree heat index thresholds would be met will vary year to year, though
data shows that temperatures are trending upward. Heat index readings are
localized and historical data was not readily available. However, temperature
readings in various geographic points throughout Maryland are maintained
historically by NOAA, and the data may have some use as identifying lower bound
on the number of days in a particular region that heat-related illness
prevention measures may be triggered under the proposed regulations. (Because
the heat index takes humidity into account, and Maryland’s environment is quite
humid, the heat index often exceeds the air temperature.) On the other side of
the equation, employers implementing these measures may experience offsetting
reductions in absenteeism due to heat-related illness, and/or increased productivity.
Further, the costs of developing a written heat-related illness prevention
program, which would require supervisory or management involvement, and
potentially involvement of safety professionals, may be mitigated by using the
resources of the agency’s public sector consultation program, which is designed
to assist public sector entities in complying with safety standards.
C. See B.
D. See B. Small businesses also will be able to mitigate the costs
of developing a program by availing themselves of the free small business
consultation service designed specifically to assist them in complying with
health and safety laws.
F. These regulations will have a positive effect on public health
due to reduced occupational heat-related illness.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
All employers subject to the Maryland Occupational Safety and
Health Act, including small businesses, will be required to comply with the
proposed regulations. To the extent that they are not already providing the
requisite water, shade, and rest to workers exposed to heat above the stated
thresholds, and/or training to prevent heat related illness, employers will
need to take steps to do so.
Water must already be provided, so additional costs to provide the
specified amounts should not be significant. Shade may be readily available to
many workers. To the extent that shade must be provided, a variety of options
are readily available from national retailers such as Home Depot, Lowes,
Amazon, and Target. These include large umbrellas, canopies, and shade sails in
a range of sizes, at costs of under $50 to $300 or more for larger sizes with
walls as well as overhead protection. Personal protective equipment to reduce
heat burden on employees, such as cooling vests, is available (again, from a
variety of sources) for approximately $50 (for water-based cooling) to $200 or
more for more advanced technology with greater cooling duration. See, e.g., https://www.uline.com/Grp_434/Cooling-Products.
Employers may also rotate workers from heat-exposed environments to cool
environments (such as air conditioned vehicles), adjust work hours to cooler
times of day, or implement similar administrative measures with minimal cost.
This flexibility is expressly permitted under the proposed regulations. Still,
employers implementing the recommended break schedules during high-heat
conditions may incur increased downtime costs, and lower productivity, during
those days. Cumulative break time at the 90-degree heat index level would total
approximately 40 minutes for an 8-hour shift. However, most employers provide a
meal break; since the proposed regulations permit heat breaks to take place
concurrently with meal breaks, the incremental downtime of the required breaks
would be less than the full 40 minutes for employers who already provide such
breaks. (The same offset would apply to the lengthier breaks at the 100-degree
heat index level, though the reduction would be more modest because the
cumulative break time is longer.) To the extent that employers are not already
providing additional break time to employees performing work in hot conditions,
the proposed regulations could result in additional downtime and lower productivity,
and a corresponding increase in costs. Although those costs are difficult to
estimate, according to 2023 Bureau of Labor Statistics data, the mean hourly
wage in Maryland is $35.40 per hour. However, many of the occupations where
workers experience significant heat exposure while working earn below that
figure. For example, the mean wages of restaurant workers, janitors, couriers,
landscaping workers, agricultural workers, and several categories of drivers
are all below $20 per hour. The wages of workers across all construction
occupations also lie below the mean, at just over $30 per hour. The number of
days each year that either the 90-degree heat index or the 100-degree heat
index thresholds would be met will vary year to year, though data shows that
temperatures are trending upward. Heat index readings are localized and
historical data was not readily available. However, temperature readings in
various geographic points throughout Maryland are maintained historically by
NOAA, and the data may have some use as identifying lower bound on the number
of days in a particular region that heat-related illness prevention measures
may be triggered under the proposed regulations. (Because the heat index takes
humidity into account, and Maryland’s environment is quite humid, the heat
index often exceeds the air temperature.) On the other side of the equation,
employers implementing these measures may experience offsetting reductions in
absenteeism due to heat-related illness, and/or increased productivity, or
reduced workers’ compensation costs. Further, the costs of developing a written
heat-related illness prevention program, which would require supervisory or
management involvement, and potentially involvement of safety professionals,
may be mitigated by using the free consultation services offered by the agency,
which are designed to ease the burdens on small businesses from compliance with
safety standards.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Tiffany Jones, Outreach Coordinator,
Division of Labor and Industry, Maryland Department of Labor, 10946 Golden West
Drive, Hunt Valley, MD 21031, or call 410 767 2182, or email to
dli.regulations+heat@maryland.gov. Comments will be accepted through August 26,
2024. A virtual public hearing will be conducted on August 16, 2024, at 1 p.m.
A link to the hearing will be available on the Maryland Department of Labor's
website.
.01 Purpose.
The purpose of this chapter is to establish minimum requirements
for employers to protect employees from heat-related illness caused by heat
stress in the workplace.
.02 Scope.
A. This chapter applies to an employer with employees whose
employment activities, indoor or outdoor, expose employees to a heat index in
the area where the employee is working that equals or exceeds 80 degrees
Fahrenheit.
B. This chapter does not apply to:
(1) Emergency operations and essential services as defined in
Regulation .03B(4) of this chapter that involve protecting life or property;
(2) Incidental exposures when an employee is not required to
perform work activities for more than 15 consecutive minutes per hour; or
(3) Buildings, structures, and vehicles that have a mechanical
ventilation system or fan that maintains the heat index below 80 degrees.
.03 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Acclimatization” means the body's temporary adaptation to
work in heat that occurs as a person is exposed over time.
(2) “Alternative cooling and control measures” means
engineering, work-practice, administrative, or other controls to manage heat,
including job rotation, mechanical ventilation systems, misting equipment,
cooling vests, air-cooled or water-cooled garments, and access to recreational
water.
(3) “Drinking water” means potable water that is safe to drink
and cool in temperature.
(4) “Emergency operations and essential service” means work in
connection with an emergency that requires the involvement of law enforcement,
emergency medical services, firefighting, rescue and evacuation operations, or
emergency restoration of essential utilities or telecommunications.
(5) “Heat index” means a measure of how hot it feels when
relative humidity is taken into account along with the actual air temperature,
which can be extrapolated from temperature and relative humidity using the
National Weather Service Heat Index Calculator.
(6) “High-heat conditions” means working conditions where the
heat index of the work area equals or exceeds 90 degrees Fahrenheit.
(7) “Shade or shaded areas” means blockage of direct sunlight.
.04 Heat-Related Illness
Prevention and Management Plan.
A. An employer shall monitor the heat index throughout the work
shift in areas where employees perform work using one of the following methods:
(1) Direct measurement of the temperature and humidity at the
same time and location in the areas where employees perform work;
(2) Use of local weather data reported by the National Weather
Service or other recognized source to determine the heat index; or
(3) Use of the National Institute for Occupational Safety and
Health’s Heat Safety Tool application to determine the heat index.
B. An employer whose employees work in buildings and structures
that do not have a mechanical ventilation system shall directly measure the
temperature and humidity at the same time and location in areas where employees
perform work.
C. An employer shall develop, implement, and maintain an
effective heat-related illness prevention and management plan in writing.
D. The heat-related illness prevention and management plan shall
contain the following elements:
(1) How sufficient amounts of drinking water will be provided;
(2) How employees will be provided sufficient opportunities and
encouragement to stay hydrated by drinking water;
(3) How to recognize the symptoms of heat-related illness,
including heat exhaustion and heat stroke;
(4) How to respond to suspected heat-related illness, including
heat exhaustion and heat stroke;
(5) How employees will be provided with sufficient time and
space to rest in shaded or cool, climate-controlled areas to cool off;
(6) How the employer will implement rest break schedules as
necessary;
(7) How the employer will consider environmental conditions,
workload, required clothing, personal protective equipment, and alternative
cooling and control measures when determining rest break schedules;
(8) How employees will be encouraged to take rest breaks as
needed to prevent heat-related illness;
(9) How employees will be trained on the hazards of heat
exposure and the necessary steps to prevent heat-related illness;
(10) The use and maintenance of alternative cooling and control
measures used to manage heat;
(11) Procedures for heat acclimatization in accordance with
Regulation .05 of this chapter;
(12) Procedures for high-heat conditions in accordance with
Regulation .08 of this chapter; and
(13) The emergency response plan in accordance with Regulation
.09 of this chapter.
E. The written plan shall be made available and accessible to:
(1) Employees; and
(2) MOSH upon request.
.05 Acclimatization.
A. An employer shall provide for acclimatization of exposed
employees for a period of up to 14 days:
(1) When an employee is newly exposed to heat in the workplace;
and
(2) When an employee returns to work after 7 or more consecutive
days of absence from the workplace.
B. An employer shall monitor employees during the
acclimatization period for signs of heat-related illness through regular
communication via:
(1) Phone or radio;
(2) A buddy system; or
(3) Other effective means of observation.
C. An employer shall develop and implement an acclimatization
schedule which complies with one of the following:
(1) A schedule which gradually increases exposure time over a
5—14 day period, with a maximum 20 percent increase each day;
(2) A schedule which uses the current National Institute for
Occupational Safety and Health’s recommendations for acclimatization; or
(3) A schedule which uses a combination of gradual introduction
and alternative cooling and control measures that acclimate an employee to the
heat.
D. The acclimatization schedule shall be in writing and consider
the following elements:
(1) Acclimated and unacclimated employees;
(2) The environmental conditions and anticipated workload;
(3) The impact of required clothing and personal protective
equipment to the heat burden on employees;
(4) The personal risk factors that put an employee at a higher
risk of heat-related illness;
(5) Re-acclimatizing employees as necessary, in accordance with
§A of this regulation; and
(6) The use of alternative cooling and control measures.
.06 Shade Access.
A. Except as provided in §§C and D of this regulation, an
employer shall provide shaded areas to exposed employees as close to the work
area as practicable.
B. Shaded areas shall:
(1) Be outside, open, and exposed to air on at least three
sides;
(2) Prevent contributing heat sources from reducing
effectiveness;
(3) Be sufficiently sized for the number of employees utilizing
the shaded area;
(4) Be arranged in a configuration that allows employees to sit
in normal posture; and
(5) Accommodate the removal and storage of personal protective
equipment during periods of use.
C. If creating outdoor shade is demonstrably infeasible or
unsafe in the work area, the employer shall implement alternative cooling and
control measures that provide equivalent protection to shade.
D. An employer may provide cooling with an indoor mechanical
ventilation system as an alternative to outdoor shade provided that the indoor
space satisfies the requirements of §B(2)—(5) of this regulation.
.07 Drinking Water.
A. An employer shall:
(1) Provide drinking water at no cost to exposed employees as
close to the work area as practicable; and
(2) Make available at least 32 ounces of drinking water per hour
to each exposed employee per work day.
B. An employer is not required to provide the entire drinking
water supply at the beginning of an employee’s shift but shall make drinking
water available at all times while work is being performed.
.08 High-Heat
Procedures.
A. An employer shall implement high-heat procedures when the
heat index reaches or exceeds 90 degrees Fahrenheit in the area where the work
is being performed.
B. The high-heat procedures shall include a work and rest
schedule to protect employees from heat-related illness that is adjusted for
environmental conditions, workload, and impact of required clothing or personal
protective equipment.
C. Except as provided in §D of this regulation, the high-heat
procedures shall include:
(1) Both:
(a) A minimum rest period of 10 minutes for every 2 hours worked
where employees are exposed to a heat index above 90 and below 100 degrees
Fahrenheit; and
(b) A minimum rest period of 15 minutes for every hour worked
where employees are exposed to a heat index above 100 degrees Fahrenheit; or
(2) A rest period as provided for in the current National
Institute for Occupational Safety and Health recommendations for work and rest
schedules to manage heat exposures.
D. If an employer can demonstrate effective heat management and
protection from heat-related illness through alternative cooling and control
measures, the work and rest schedules set forth in §C of this regulation may
not be required.
E. If an employer utilizes alternative cooling and control
measures under §D of this regulation, the measures:
(1) Shall be readily available and accessible to employees at
all times work is being performed;
(2) Shall be documented in writing; and
(3) May not supersede any other requirements of this chapter.
F. An employer may coincide rest periods with a scheduled rest
or meal period.
G. Rest periods shall be taken in the shade in accordance with
Regulation .06 of this chapter.
H. An employer may not discourage employees from taking rest
breaks as needed to prevent heat-related illness.
I. When high-heat procedures are in effect, an employer shall
monitor exposed employees for signs of heat-related illness with regular
communication via:
(1) Phone or radio;
(2) A buddy system; or
(3) Other effective means of observation.
J. An employer shall make high-heat procedures available in
writing in a language and manner that all employees can understand.
.09 Emergency Response.
An employer shall implement an emergency response plan that
includes procedures for:\
A. Ensuring effective and accessible means of communication at
all times at the worksite to enable an employee to contact a supervisor or
emergency medical services;
B. Responding to signs and symptoms of possible heat-related
illness in employees;
C. Monitoring and providing care to employees who are exhibiting
symptoms of heat-related illness; and
D. Contacting emergency medical services and, if necessary,
transporting employees to a location accessible to emergency medical services.
.10 Training.
A. An employer shall:
(1) Provide initial heat stress training to employees and
supervisors covered by this chapter prior to an employee’s first exposure to
heat;
(2) Re-train employees and supervisors at least:
(a) Annually prior to exposure; and
(b) Immediately following any incident at the worksite involving
a suspected or confirmed heat-related illness;
(3) Present training in a language and manner that all employees
and supervisors can understand;
(4) Ensure that training includes at least:
(a) The work and environmental conditions that affect heat-related
illness;
(b) The personal risk factors that affect heat-related illness;
(c) The concept, importance, and methods of acclimatization;
(d) The importance of frequent consumption of water and rest
breaks in preventing heat-related illness;
(e) The types of heat-related illness, signs and symptoms of
heat-related illness, and the appropriate first aid and emergency response
measures;
(f) The importance of and procedures for employees immediately
reporting to the employer signs and symptoms of heat-related illness; and
(g) The employer’s procedures and the requirements for complying
with this chapter; and
(5) maintain training records for one year from the date on
which the training occurred.
B. The training records required by this regulation shall
include:
(1) The names of the persons trained;
(2) The dates of the training sessions; and
(3) A summary or outline of the content of the training
sessions.
C. The training records shall be made available to MOSH upon
request.
DEVKI VIRK
Commissioner of Labor and Industry
Title 29
MARYLAND STATE POLICE
Subtitle 03 WEAPONS REGULATIONS
29.03.01 Regulated Firearms
Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety
Article, §§5-105 and 5-145.1; Annotated Code of Maryland
Notice of Proposed Action
[24-050-P]
The Secretary of State Police proposes to adopt new Regulation .58
under COMAR 29.03.01 Regulated Firearms.
Statement of Purpose
The purpose of this action is to adopt a new regulation regarding
security requirements for firearms dealers in compliance with Public Safety
Article, §5-145.1, Annotated Code of Maryland.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action has no
impact on the issuing agency budget. Operational costs moving forward will be
covered under General Funds. There are no costs to local governments or other
State agencies. There is a minor negative impact on the regulated industries
(firearms dealers). There will be no direct or indirect costs to the public.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Firearms dealers
|
(-)
|
Minor
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. Making these changes to COMAR will solidify and further define
compliance for Public Safety Article, §5-145.1, Annotated Code of Maryland.
Economic Impact on Small Businesses
The proposed action has a minor negative impact on small
businesses. An analysis of this economic impact follows:
This action may have a negative impact on FFL dealers by requiring
they invest in certain security measures prescribed in this regulation. The
intention is to ensure firearms are secured safely during and after business
hours.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Brandon Gosnell, First Sergeant, Maryland
State Police, 1201 Reisterstown Road, Pikesville, MD 21208, or call
410-653-4375, or email to brandon.gosnell@maryland.gov. Comments will be
accepted through August 26, 2024. A public hearing has not been scheduled.
.58 Dealers — Security Requirements.
A. A licensed dealer may not conduct business and store firearms
at a location unless:
(1) The premises on which the licensed dealer operates is
equipped with the security features specified in Public Safety Article, §5-145.1(a)(1),
Annotated Code of Maryland, and §§B — D of this regulation; or
(2) Outside business hours, the licensed dealer locks all
firearms stored on premises in:
(a) A vault;
(b) A safe; or
(c) A room or building that meets the requirements of Public
Safety Article, §5-145.1(a)(1), Annotated Code of Maryland, and §§B — D of this
regulation.
B. Video security equipment shall:
(1) Record 24 hours a day, 365 days a year, without
interruption;
(2) Provide a date and time stamp for every recorded frame;
(3) Record activity inside and outside the place of business to
include:
(a) Each entrance and exit of the place of business; and
(b) Either:
(i) Exterior parking areas leading up to and from the place of
business; or
(ii) Exterior corridors leading up to and from the place of
business if the parking area is not continuous to the business;
(4) Have limited and secured access to the stored footage in a
format that can be easily accessed for investigational purposes;
(5) Retain recordings of security footage for a minimum of 90
days; and
(6) Make footage available upon request by a law enforcement
agency within 48 hours.
C. Burglary Alarm System Requirements. A security system shall
be continually monitored and cover all perimeter entry and exit points.
D. Physical barriers may include:
(1) Bollards, concrete barriers, steel barricades, planters,
landscape boulders, terrain, building construction, and elevation or another
physical barrier that prevents intrusion into the building; and
(2) Security gates, screens, shutters, bars, security window
film, or window grilles.
E. Inspection. The Secretary:
(1) Shall inspect the security requirements of a licensed dealer
at least once every 2 years; and
(2) May inspect the security requirements at any time before
being approved for a license, as a follow-up to a non-compliant inspection,
during required inventory and record audits, and following a burglary/theft or
attempts thereof.
F. Non-Compliance.
(1) A person who violates this section is subject to a civil
penalty not exceeding $1,000 imposed by the Secretary.
(2) In addition to the penalty imposed under §F(1) of this
regulation, a person who knowingly and willfully violates this section is
subject to:
(a) Suspension of the person’s dealer’s license upon a second
offense, with the suspension remaining in effect until compliance is regained;
and
(b) Revocation of the person’s dealer’s license upon a third or
subsequent offense.
ROLAND L. BUTLER, JR.
Secretary of State Police
Subtitle 05 CRIME LABORATORY
29.05.03 Testing Blood
and Breath for Alcohol
Authority: Courts and Judicial Proceedings Article, §§10-304 and
10-306; Health-General Article, §17-214(g); Public Safety Article, §2-205; Transportation Article,
§16-205.2; Annotated Code of Maryland
Notice of Proposed Action
[24-082-P]
The Secretary of State Police proposes to adopt new Regulations .01—.09
under a new chapter, COMAR 29.05.03 Testing Blood and Breath for Alcohol.
Statement of Purpose
The purpose of this action is to align regulatory language with
statute by adding new regulations under COMAR Title 29, Maryland State Police,
that were formerly regulated by the Maryland Department of Health. This is to
satisfy the requirements of Courts and Judicial Proceedings Article, §10-304,
Annotated Code of Maryland, enacted in 2022.
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 F/Sgt. Brandon Gosnell, Regulations
Coordinator, Maryland State Police, 1201 Reisterstown Road, Pikesville, MD
21208, or call 410-653-4375, or email to Brandon.Gosnell@Maryland.Gov. Comments
will be accepted through August 26, 2024. A public hearing has not been
scheduled.
.01 Scope.
This chapter
establishes training and certification criteria of personnel performing tests
of breath and blood for the purpose of determining the alcohol content of
drivers suspected of driving while impaired or under the influence of alcohol
and approval and certification criteria for equipment used in conducting these
tests.
.02
Definitions.
A. In this
chapter, the following terms have the meanings indicated.
B. Terms
Defined.
(1) “Agency”
means any law enforcement agency approved to test breath or blood for alcohol
content.
(2) “Alcohol”
means ethyl alcohol (ethanol).
(3) “Alcohol calibration solution” means a water solution
containing a range of certified, specific concentrations of ethanol from 0.02
to 0.500 gram/deciliter for the purpose of ethanol quantitation.
(4) “Alcohol control solution” means a water
solution containing a certified, specific concentration of ethanol.
(5) “Alcohol
gas standard” means a container of compressed gas containing a specific
concentration of alcohol.
(6) “Alcohol
reference solution” means a water solution containing a specific concentration
of alcohol.
(7) “Breath
sample” means the amount of breath delivered by the individual being tested
that is an adequate volume to be analyzed by the breath testing instrument.
(8) “CTAU”
means the Chemical Test for Alcohol Unit within the Department of Maryland
State Police.
(9) “CTAU
supervisor” means the individual designated by the Commander or Director of
CTAU and approved by the Toxicologist to
supervise the CTAU.
(10) “Preliminary
breath testing (PBT) device” means a portable, roadside screening device
approved by the Toxicologist, pursuant to Transportation Article, §16-205.2,
Annotated Code of Maryland, for use on individuals stopped for suspicion of
driving while impaired or under the influence of alcohol.
(11) “Qualified
medical person” means an individual permitted by any state to withdraw blood
from humans.
(12) “Qualified
person” has the meaning stated in Courts and Judicial Proceedings Article,
§10-304, Annotated Code of Maryland.
(13) “Representative
of the Toxicologist” means any employee supervised by the Toxicologist or an
employee of the Department of State Police designated by the Toxicologist to
act as the authorized representative of the Toxicologist.
(14) “Toxicologist”
means the Chief Toxicologist or State Toxicologist in the Department of State
Police Forensic Sciences Division.
(15) “Validation test” means a test of specific alcohol concentration
used to verify the calibration of a breath testing instrument.
.03 Alcohol
Tests — General.
A. Alcohol
Concentration of Breath. The alcohol concentration of breath shall be reported
as grams of alcohol per 210 liters of breath (gram/210 liters).
B. Alcohol
Concentration of Blood. The alcohol concentration of blood shall be reported as
grams of alcohol per 100 milliliters of blood (gram/100 milliliters).
C. Uncertainty.
(1) For breath
tests for alcohol content, the accepted scientific uncertainty in measurement
is plus or minus 0.005 gram/210 liters or 10 percent of the average of
measurements, whichever is greater.
(2) For blood tests for alcohol
content, the accepted scientific uncertainty in measurement is plus or minus
0.005 gram/100 milliliters or 10 percent of the average of measurements,
whichever is greater.
.04 Preliminary
Tests of Breath for Alcohol.
A. PBT Devices.
(1) The
Toxicologist shall:
(a) Approve the
make and model of PBT devices used in the State; and
(b) Maintain a
list of approved make and model PBT devices.
(2) At the time
of approval by the Toxicologist, the make and model of the PBT device shall be
on the most recently updated Conforming Products List of Evidential Breath
Alcohol Measurement Devices published in the Federal Register by the National
Highway Traffic Safety Administration of the Department of Transportation.
(3) Calibration
Check.
(a) The
calibration of a PBT device shall be checked by a PBT device operator, trained
in accordance with §B(1) of this regulation, once a month by using an approved
alcohol reference solution or alcohol gas standard.
(b) The results
of the calibration check shall be within plus or minus 10 percent, inclusive,
of the alcohol concentration of the alcohol reference solution or alcohol gas
standard.
(c) A PBT
device that does not achieve the result specified in §A(3)(b) of this
regulation shall be withdrawn from use until it has been recalibrated.
B. Training
Programs.
(1) PBT Device
Operator Training Program.
(a) The
Toxicologist shall approve a PBT device operator training program.
(b) CTAU shall
be notified in advance of all PBT device operator training classes.
(c) A preliminary breath test of an
individual suspected of being impaired or driving under the influence of
alcohol or drugs shall be conducted only by a law enforcement officer who has
completed and passed this training.
(d)
A written exam consisting of at least 25 questions shall be given at the
conclusion of the program.
(e)
The cumulative passing score shall be 70 percent or above.
(f)
A roster of students successfully completing the course shall be forwarded to
the CTAU on completion of the program.
(2) PBT Device
Instructor Training Program.
(a) All PBT
device operator classes shall be taught by individuals who have successfully
completed a PBT device instructor training program from CTAU.
(b) CTAU shall
provide instructor training for all agencies.
(c) Any requests for PBT Device
Instructor Training shall be made to the CTAU Supervisor.
(d) The PBT
device instructor training program shall:
(i) Include at
least 16 hours of instruction; and
(ii) Be
approved by the Toxicologist.
(3) CTAU shall
issue a certificate after the successful completion of either program outlined
in §B(1) or (2) of this regulation.
.05 Evidentiary
Tests of Breath for Alcohol: Testing Agencies and Training Programs.
A. Testing
Agencies.
(1) An agency
desiring approval to conduct evidentiary breath tests shall make a written
request to the CTAU Supervisor.
(2) An agency
requesting approval to conduct breath tests shall:
(a) Offer
24-hour law enforcement service;
(b) Provide an
environmentally controlled area and a phone
line exclusively for the breath testing instrument;
(c) Provide
expendable supplies needed for personnel to operate the equipment; and
(d) Have a
minimum of 20 full-time sworn law enforcement officers.
(3) An agency
shall have a breath test supervisor who shall administer and coordinate all
alcohol testing related activities with CTAU.
(4) The breath
test supervisor shall be a breath test operator.
(5) An agency’s
approval to conduct breath testing may be withdrawn by the Toxicologist or
their representative based on:
(a) A
substantial failure to comply with this chapter; or
(b) Inadequate
State resources.
B. Training
Programs.
(1) Basic
Breath Test Operator Certification Course.
(a) All basic
breath test operator courses shall be:
(i) Approved by
the Toxicologist; and
(ii) Taught by
approved breath test instructors.
(b) The course
shall include a minimum of 35 hours of lecture or laboratory instruction
covering:
(i) A study of
the mathematics of the metric system;
(ii) A study of
the properties, human physiology, and pharmacology of alcohol;
(iii) A study
of the theory, operating principles, and maintenance requirements of the breath
test instruments; and
(iv) A review
of relevant Maryland statutes, regulations, and cases affecting enforcement and
testing of an individual suspected of driving while impaired or under the
influence of alcohol.
(c) A written
examination consisting of at least 50 questions shall be given at the
conclusion of the course.
(d) The
cumulative passing score on the written examination shall be 90 percent or
above.
(e) The
individual shall demonstrate to the instructor satisfactory ability to use the
instrument.
(2) Breath Test
Operator Certification Renewal Course.
(a) A breath
test operator certification renewal course shall be:
(i) Approved by
the Toxicologist; and
(ii) Taught by
approved breath test instructors.
(b) The course
shall be comprised of a minimum of 6 hours of instruction, including a review
of:
(i) Breath
testing theory;
(ii) Methods
and procedures; and
(iii) Current
and contemporary issues.
(c) A written
examination consisting of at least 25 questions shall be given at the
conclusion of the course.
(d) The passing
score on the written examination shall be 80 percent or above.
(3) Breath Test
Maintenance Technician Course.
(a) The breath
test maintenance technician course shall be approved by the Toxicologist.
(b) This course
shall include a minimum of 70 hours of training, covering:
(i) A review of
breath testing theory, methods, and developments;
(ii) Operation,
takedown, and maintenance of instruments;
(iii) Gas
cylinder replacement; and
(iv) Simulator
takedown, maintenance, and solution changing.
(c) A written
or oral exam shall be administered by the
CTAU Supervisor before certification.
(4) CTAU shall
issue a certificate after the successful completion of any course outlined in
§B(1) — (3) of this regulation.
.06 Evidentiary
Tests of Breath for Alcohol: Personnel — Training.
A. Breath Test
Operator.
(1) Initial
Certification as a Qualified Person.
(a) To become a
qualified breath test operator, a qualified person shall be:
(i) A full-time
law enforcement officer of an agency approved to conduct breath tests;
(ii) A
full-time laboratory technician of an agency approved to conduct breath tests;
or
(iii) Any
individual designated by the Toxicologist.
(b) CTAU shall
issue an initial certificate after the successful completion of a basic breath
test operator course as described in Regulation .05B(1) of this chapter.
(c) An initial
certification shall be valid for a period of 15 months.
(2) Renewal of
Certification.
(a) Before
expiration of the initial certification or each subsequent renewal
certification period, a breath test operator shall:
(i) Exhibit
competence in the performance of all duties as a breath test operator as
described in Regulation .07A(1) of this chapter; and
(ii)
Successfully complete a breath test operator certification renewal course as
outlined in Regulation .05B(2) of this chapter.
(b) CTAU shall
issue a renewal certificate after the breath test operator complies with
§A(2)(a) of this regulation.
(c) A renewal
certificate shall extend certification for an additional period of 13 months.
(3)
Reinstatement of Expired Certification.
(a) If the
breath test operator's certification expires and not more than 90 days have
elapsed since the time of expiration, the CTAU supervisor may reinstate the
operator.
(b) If more
than 90 days but less than 3 years have elapsed, the CTAU supervisor:
(i) Shall
confer with the Toxicologist or their representative about reinstatement; and
(ii) May
require a demonstration of proficiency before reinstatement of the expired
certification.
(c) A breath
test operator who applies for reinstatement more than 3 years following
expiration of certification shall complete the basic breath test operator
course as provided in Regulation .05B(1) of this chapter to be requalified.
(4) Suspension
and Revocation of Certification.
(a) An
individual who fails a breath test operator certification renewal course shall
be immediately suspended by the CTAU as a breath test operator.
(b) The CTAU
supervisor may issue a renewal certificate to an individual if the breath test
operator certification renewal course is successfully completed within 120 days
of the initial failure.
(c) The CTAU
supervisor may suspend or revoke a certificate of a breath test operator if, in
the supervisor's judgment, the individual’s performance is unsatisfactory.
(d) If the
individual’s certificate is revoked, the individual shall return all
certificates and manuals to the CTAU supervisor.
B. Breath Test
Maintenance Technician.
(1) To become a
breath test maintenance technician, an individual shall:
(a) Be an
employee of CTAU;
(b) Have
successfully completed an approved operator and maintenance course for breath
testing instrumentation as described in Regulation .05B(3) of this chapter; and
(c) Demonstrate
proficiency in the use of breath testing instrumentation to:
(i) The CTAU
supervisor; or
(ii) An
approved instructor.
(2) CTAU shall
issue a certificate if:
(a) The
individual complies with §B(1) of this regulation; and
(b) The
Toxicologist approves of the issuance of the certificate.
(3) Certification
of a breath test maintenance technician may be suspended or revoked for the
following reasons:
(a) Failure to
properly maintain breath testing instruments; or
(b) Failure to
adhere to this chapter.
C. Breath Test
Instructor.
(1) To become a
breath test instructor, an individual shall:
(a)
Successfully complete the training programs described in Regulation .05B of
this chapter;
(b) Have prior
experience in training law enforcement officers;
(c) Assist in
at least one basic breath test operator course as referenced in Regulation
.05B(1) of this chapter; and
(d) Be approved
by the Toxicologist.
(2) A breath
test instructor may perform any instrument maintenance and repair as needed.
.07 Evidentiary
Tests of Breath for Alcohol: Personnel — Duties.
A. Breath Test
Operator.
(1) A breath
test operator shall:
(a) Perform
breath tests for alcohol in accordance with training;
(b) Perform at
least one test per month, either a subject or simulation test;
(c) Notify CTAU
of the following:
(i) Test
results that deviate greater than plus or minus 10 percent of the stated
concentration for any validation test; or
(ii) Mechanical
problems with the breath testing instrument; and
(d) Complete
all required reports.
(2) A breath
test operator who fails to perform at least one test per month as required in
§A(1)(b) of this regulation shall provide a reason for this failure to the CTAU
supervisor.
(3) If a breath
test operator will be on extended leave from the agency, the CTAU supervisor
shall be notified by the breath test operator or the agency breath test
supervisor.
B. Breath Test
Maintenance Technician. A breath test maintenance technician shall:
(1) Set up all
instruments in the field;
(2) Conduct an
inspection of the assigned breath testing instruments at least once a month;
(3) Conduct all
scheduled maintenance procedures;
(4) Change the
alcohol gas cylinder or alcohol reference solution as needed;
(5) Test each
instrument with approved alcohol gas standard or alcohol reference solution at
least once a month;
(6) Remove an
instrument from service if the result of the test in §B(5) of this regulation
is not plus or minus 10 percent of the stated concentration;
(7) Repair the
instrument as needed; and
(8) Complete
all required reports.
.08 Evidentiary
Tests of Breath for Alcohol: Instruments and Testing Procedures.
A. Breath
Testing Instruments.
(1) The
Toxicologist shall approve all instruments to be used in the State for the
purpose of testing breath for alcohol content pursuant to Courts and Judicial
Proceedings Article, §§10-302 and 10-304, Annotated Code of Maryland.
(2) An agency
shall only use an instrument that has been approved by the Toxicologist.
(3) An
individual may receive a copy of the list of the manufacturers and models of
currently approved instruments from the Department of State Police Forensic
Sciences Division at no charge.
B.
Certification of Approval of Instruments.
(1) The
Toxicologist shall certify approval of each instrument before it is used in the
State.
(2) At the time
of approval by the Toxicologist, the instrument shall be on the most recently
updated Conforming Products List of Evidential Breath Alcohol Measurement
Devices published in the Federal Register by the National Highway Traffic
Safety Administration of the Department of Transportation.
(3) On at least
an annual basis, the Toxicologist or their representative shall recertify
approval of each instrument.
(4) Following
successful testing, an instrument that is repaired by a certified breath test
maintenance technician may be returned to service without the recertification
of approval by the Toxicologist.
C. Inspection.
Approved equipment and related records shall be available for inspection by the
Toxicologist or representative at all times.
D. Validation
Tests.
(1) The
Toxicologist shall approve the alcohol reference solution or alcohol gas
standard to be used as validation tests.
(2) Validation
tests shall be performed contemporaneously with each evidentiary breath test
using an approved alcohol reference solution or alcohol gas standard.
E. Initial
Certification of Instrument Approval.
(1) Precision
and Accuracy Testing.
(a) Vapor
containing 0.020 gram/210 liters, 0.040 gram/210 liters, 0.080 gram/210 liters,
and 0.160 gram/210 liters ethanol concentrations shall be introduced through
the breath tube of the instrument.
(b) Each
concentration shall be repeated four times.
(c) As an
indication of precision, the combined average standard deviation shall be not
greater than 0.0042 gram/210 liters.
(d) As an
indication of accuracy, systematic variations at each ethanol concentration
will be calculated and shall be not more than 5 percent or 0.005 gram/210
liters, whichever is greater.
(e)
Any instruments not meeting the precision and accuracy requirements may not be
approved.
(2) Acetone
Detection Testing.
(a) Vapor
containing 0.020 gram/210 liters ethanol and 100 microliters of acetone per 500
milliliters solution shall be introduced through the breath tube of the
instrument.
(b) Each
concentration shall be repeated four times.
(c) The
instrument shall read between 0.015 and 0.025 gram/210 liters.
(d) An
instrument not meeting the requirement for acetone detection may not be
approved.
(3) Blank
Testing.
(a) Four
samples of vapor containing no ethanol or other solvents shall be introduced
through the breath tube of the instrument.
(b) No reading
shall exceed 0.005 gram/210 liters vapor.
(c) An instrument not meeting the blank detection requirement may not
be approved.
(4) If
conditions outlined in §E(1) — (3) of this regulation are met:
(a) The
instrument shall be approved; and
(b) The
Toxicologist shall issue a letter certifying instrument approval.
F. Periodic
Recertification of Approval.
(1) Instrument
approval shall be recertified at least annually.
(2) The
Toxicologist shall issue a letter recertifying instrument approval.
G. Evidentiary
Breath Test Method.
(1) For at
least 20 minutes before a breath sample is taken, an individual may not:
(a) Eat or
drink;
(b) Have any
foreign substance in the individual’s mouth or respiratory tract; or
(c) Smoke.
(2) The
individual shall be observed and mouth checked.
(3) Observation
of the individual shall be performed by:
(a) A breath
test operator;
(b) Other
uniformed or civilian law enforcement personnel; or
(c) Any
combination of a breath test operator and uniformed or civilian law enforcement
personnel.
(4) The testing
procedure shall begin with a blank test to ensure that no alcohol is present in
the breath path of the breath testing instrument.
(5) A
validation test shall be run before the individual begins the testing process.
(6) If the
breath testing instrument fails to obtain a reading plus or minus 10 percent of
the stated alcohol concentration on the validation test, then the subject test
shall be discontinued.
(7) The
individual shall be instructed to take a breath and then deliver a breath
sample into the instrument by blowing into the mouthpiece and breath tube until
instructed to stop.
(8) After each
subject breath sample, a blank check shall be performed to ensure that no
alcohol is present in the breath path.
(9) Two breath
samples shall be collected and analyzed by the breath testing instrument.
(10) A third
breath sample shall be collected only if the absolute difference between the
results of the first and second samples exceeds 0.020 gram/210 liters.
(11) A
validation test of known alcohol concentration shall be run after the
individual has given the required number of breath samples.
(12) If the
instrument fails to obtain a reading plus or minus 10 percent of the stated
concentration on the validation test, then the subject test is invalid.
(13) The lower
of the two or lowest of the three results of the subject test shall be
truncated to the second decimal place and reported as the result of the breath
test.
.09 Evidentiary
Tests of Blood for Alcohol.
A. Laboratories
and Procedures for Analysis.
(1)
Laboratories.
(a) The
Department of Maryland State Police Forensic Sciences Division is an approved
laboratory to conduct tests of blood for alcohol.
(b) Approval by
the Toxicologist of any other laboratory is required before it may perform any
test of blood for alcohol in accordance with Courts and Judicial Proceedings
Article, §10-304, Annotated Code of Maryland.
(c) An
individual may receive a copy of the list of currently approved laboratories
from the Department of Maryland State Police Forensic Sciences Division at no
charge.
(2) Equipment
and Procedures for Analysis.
(a) The
Toxicologist shall approve all equipment and analytical procedures for the
testing of blood for alcohol.
(b) Approved equipment shall be calibrated with alcohol calibration
solution or solutions approved by the Toxicologist.
(c) The calibration shall be checked using an alcohol control
solution.
(d) Alcohol control solution test results may not deviate greater
than plus or minus 0.010 gram/100 milliliters from its stated concentration.
(e) The laboratory shall perform evidentiary tests of blood for
alcohol in duplicate and the duplicate results may not deviate greater than
plus or minus 0.010 gram/100 milliliters.
(f) For subject tests, the lower of the duplicate results shall be
truncated to the second decimal place and reported as the result of the blood
test.
B. Personnel.
(1) Qualified
Medical Personnel. Any qualified medical person is approved to withdraw blood
for the testing of blood for alcohol content.
(2) Analyst.
(a) The
Toxicologist shall certify an analyst performing tests of blood for alcohol
content as a qualified person.
(b) The Toxicologist
shall:
(i) Review the
credentials of the analyst;
(ii) Direct a
program of training as necessary; and
(iii) Set
standards for maintenance of proficiency.
(c) The Toxicologist shall recertify the analyst on a regular basis.
(d) A certified analyst shall perform at least one batch of subject
specimens or proficiency specimens annually.
C. Procedures
for Administering an Evidentiary Test of Blood for Alcohol.
(1) The blood
specimen shall be withdrawn by qualified medical personnel.
(2) Blood
sampling equipment shall be approved by the
Toxicologist.
(3) The
arresting officer or another law enforcement officer may witness the withdrawal
of the blood.
(4) The law
enforcement officer shall:
(a) Fill out
all forms contained in the approved blood sampling equipment kit; and
(b) Be certain
all seals are signed and properly affixed.
(5) The sample
shall be delivered by messenger or mail to the Department of Maryland State
Police in containers provided with the sampling equipment.
ROLAND L. BUTLER, JR.
Secretary of State Police
Errata
COMAR 14.17.14.02
At 51:9 Md. R. 483 (May 3, 2024), column 2,
line 28 from the bottom:
For: F.
Unless otherwise specified, a licensee, or a certifying provider
Read: C.
Unless otherwise specified, a licensee, or a certifying provider
[24-15-10]
Special Documents
DEPARTMENT OF THE ENVIRONMENT
LAND AND MATERIALS ADMINISTRATION
Notice of
Tentative Determination and Public Hearing
In accordance with §1-604 of the
Environment Article, Annotated Code of Maryland, notice is given that the Land
and Materials Administration has made a Tentative Determination to reissue the
following State and National Pollutant Discharge Elimination System (NPDES)
General Discharge Permits:
General Permit for the Discharge of Stormwater
and Hydrostatic Test Water from Oil Terminals to Surface Water or Groundwater
of the State (MDG34)
This permit authorizes the discharge of
stormwater from aboveground storage tank secondary containment dikes and
loading rack areas and hydrostatic test water to surface water or groundwater
of the State from petroleum terminals storing less than 5,000,000 gallons of
oil. This permit sets numerical limits on the effluent concentrations of the
petroleum product contamination following
treatment of the stormwater or hydrostatic test water.
General Permit for the Discharge of Treated
Groundwater from Oil Contaminated Groundwater Sources to Surface Water or
Groundwater of the State (MDG91)
This permit authorizes the discharge of
treated groundwater previously contaminated by petroleum products as the result
of spills, leaks, or discharges of oil. This permit sets numerical limits on
the effluent concentrations of the petroleum product contamination following
treatment of the contaminated groundwater.
MDE has scheduled a Public Hearing at the
Maryland Department of the Environment located at 1800 Washington Blvd.,
Baltimore, MD 21230. The Hearing will be held on August 26, 2024 starting at
12:00 pm. Written comments on the Tentative Determination and draft permits
will be accepted until the close of business on August 27, 2024. Comments
should be addressed to:
Mr. Tyler Abbott, Director
Land and Materials Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 610
Baltimore, Maryland 21230
Similar
permits have been authorized for these discharge classes on a 5 year cycle
since 1997. Both federal (40 CFR 122) and State (COMAR 26.08.04) regulations
require discharge permits for these activities. Specifically, State regulations
require that discharges of any wastes or wastewater to surface water or
groundwater, regardless of volume, be authorized by a discharge permit. Federal
regulations address
discharges to surface water only, requiring a permit for the discharge of
pollutants. The limits for these permits are based on what has been
demonstrated to be technologically achievable. Self-monitoring is required to
verify compliance. This permit also sets operational requirements, such as
routine inspections. The Permit Fact Sheets and Draft Permits may also be
viewed via MDE's website at: https://mde.maryland.gov/programs/land/OilControl/Pages/index.aspx. For further information
regarding this Notice or to request an interpreter, please contact Mr. Brad
Barzin, Section Head of the AST & Permits Section, Oil Control Program, at
(410) 537-3483.
[24-15-06]
SUSQUEHANNA RIVER BASIN
COMMISSION
Public Hearing
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: The Susquehanna River Basin Commission will hold a
public hearing on August 1, 2024. The Commission will hold this hearing in
person and telephonically. At this public hearing, the Commission will hear
testimony on the projects listed in the Supplementary Information section of
this notice and any additional testimony on the proposed rulemaking placed on
the table at the June Commission meeting. Such projects and actions are
intended to be scheduled for Commission action at its next business meeting,
tentatively scheduled for September 12, 2024, which will be noticed separately.
The public should note that this public hearing will be the only opportunity to
offer oral comments to the Commission for the listed projects and actions. The
deadline for the submission of written comments is August 12, 2024.
DATES: The public hearing will convene on August 1, 2024, at
6:30 p.m. The public hearing will end at 9:00 p.m. or at the conclusion of
public testimony, whichever is earlier. The deadline for submitting written
comments is Monday, August 12, 2024.
ADDRESSES: This public hearing will be conducted in person
and virtually. You may attend in person at Susquehanna River Basin Commission,
4423 N. Front St., Harrisburg, Pennsylvania, or join by telephone at Toll-Free
Number 1-877-304-9269 and then enter the guest passcode 2619070 followed by #.
FOR FURTHER INFORMATION CONTACT: Jason Oyler, General
Counsel and Secretary to the Commission, telephone: (717) 238-0423 or joyler@srbc.gov.
The proposed rulemaking that was placed on the table at the
June Commission meeting can be viewed on the Federal Register website with the
following citation: 89 FR 20148.
Information concerning the project applications is available
at the Commission’s Water Application and Approval Viewer at https://www.srbc.gov/waav. Additional
supporting documents are available to inspect and copy in accordance with the
Commission’s Access to Records Policy at www.srbc.gov/regulatory/policies-guidance/docs/access-to-records-policy-2009-02.pdf
SUPPLEMENTARY INFORMATION: In addition to hearing any
additional testimony on the proposed rulemaking, the public hearing will cover
the following projects:
Projects Scheduled for Action:
Project Sponsor
and Facility: Amazon Data Services, Inc. Project Facility: PHL100 Data Center
Campus, Salem Township, Luzerne County, Pa. Application for consumptive use of
up to 0.060 mgd (30-day average).
Project Sponsor
and Facility: Ashland Area Municipal Water Authority, Butler Township,
Schuylkill County, Pa. Application for renewal of groundwater withdrawal of up
to 0.115 mgd (30-day average) from Well 5 (Docket No. 19931101). Service area
is located in an Environmental Justice area.
Project
Sponsor: Borough of Middletown. Project Facility: Middletown Water System,
Borough of Middletown, Dauphin County, Pa. Application for renewal of
groundwater withdrawal of up to 1.070 mgd (30-day average) from Well 6 (Docket
No. 19970702). Service area is located in an Environmental Justice area.
Project Sponsor
and Facility: Caernarvon Township Authority, Caernarvon Township, Berks County,
Pa. Application for renewal of groundwater withdrawal of up to 0.317 mgd
(30-day average) from Well 8 (Docket No. 19940902). Service area is located in
an Environmental Justice area.
Project Sponsor
and Facility: Chesapeake Appalachia, L.L.C. (Loyalsock Creek), Forksville
Borough, Sullivan County, Pa. Application for renewal and modification of
surface water withdrawal of up to 1.500 mgd (peak day) (Docket No. 20190903).
Project Sponsor
and Facility: Clear Water Technology, LLC (Middle Branch Wyalusing Creek),
Forest Lake Township, Susquehanna County, Pa. Application for surface water
withdrawal of up to 1.440 mgd (peak day).
Project Sponsor
and Facility: Dillsburg Area Authority, Franklin Township, York County, Pa. Application
for renewal of groundwater withdrawal of up to 0.199 mgd (30-day average) from
Well 3 (Docket No. 20081207).
Project
Sponsor: Greater Hazleton Community-Area New Development Organization, Inc. Project
Facility: CAN DO, Inc. – Corporate Center, Butler Township, Luzerne County, Pa.
Application for renewal of groundwater withdrawal of up to 0.547 mgd (30-day
average) from Well 1 (Docket No. 20090309).
Project Sponsor
and Facility: Jersey Shore Area Joint Water Authority, Pine Creek Township,
Clinton County, Pa. Application for groundwater withdrawal of up to 0.452 mgd
(30-day average) from Pine Creek Well 1, which is an increase of the quantity
established in Certificate of Registration No. GF-202012137.
Project Sponsor
and Facility: JKLM Energy, LLC (Mill Creek), Rutland Township, Tioga County,
Pa. Application for surface water withdrawal of up to 0.600 mgd (peak day).
Project Sponsor
and Facility: JKLM Energy, LLC (Tioga River), Lawrenceville Borough, Tioga
County, Pa. Application for renewal with an increase of surface water
withdrawal of up to 1.800 mgd (peak day) (Docket No. 20230610).
Project Sponsor
and Facility: Municipal Authority of the Borough of Mansfield, Richmond
Township, Tioga County, Pa. Application for renewal of groundwater withdrawal
of up to 0.173 mgd (30-day average) from Well 1 (Docket No. 19940707).
Project
Sponsor: New Enterprise Stone & Lime Co., Inc. Project Facility: Roaring
Spring Quarry (Halter Creek 2), Taylor Township, Blair County, Pa. Applications
for renewal of consumptive use of up to 0.380 mgd (peak day) and surface water
withdrawal of up to 0.288 mgd (peak day) (Docket No. 19940705 and
Certificate of Registration No. GF-202204215).
Project Sponsor
and Facility: Pennsylvania General Energy Company, L.L.C. (Loyalsock Creek),
Plunketts Creek Township, Lycoming County, Pa. Application for renewal of
surface water withdrawal of up to 2.000 mgd (peak day) (Docket No. 20231213).
Project
Sponsor: The Procter & Gamble Paper Products Company. Project Facility: Mehoopany
Plant, Washington Township, Wyoming County, Pa. Application for renewal of
consumptive use of up to 2.750 mgd (peak day) (Docket No. 19940704).
Project Sponsor
and Facility: Repsol Oil & Gas USA, LLC (Lycoming Creek), McIntyre
Township, Lycoming County, Pa. Application for renewal of surface water
withdrawal of up to 2.000 mgd (peak day) (Docket No. 20190910).
Project Sponsor
and Facility: Seneca Resources Company, LLC (Marsh Creek), Delmar Township,
Tioga County, Pa. Application for renewal of surface water withdrawal of up to
0.499 mgd (peak day) (Docket No. 20190911).
Project Sponsor
and Facility: Shrewsbury Borough, York County, Pa. Application for renewal of
groundwater withdrawal of up to 0.120 mgd (30-day average) from the Woodlyn
Well (Docket No. 19920501).
Project Sponsor
and Facility: State College Borough Water Authority, Benner Township, Centre
County, Pa. Applications for renewal of groundwater withdrawal (30-day
averages) of up to 1.584 mgd from Well 17, 0.576 mgd from Well 18, and 1.512
mgd from Well 19 (Docket No. 19930501).
Project Sponsor
and Facility: Strasburg Lancaster County Borough Authority, Strasburg Township,
Lancaster County, Pa. Application for renewal of groundwater withdrawal of up
to 0.275 mgd (30-day average) from the Fisher Well (Docket No. 19890107). Service
area is located in an Environmental Justice area.
Project
Sponsor: TableTrust Brands LLC. Project Facility: Freebird East, Bethel
Township, Lebanon County, Pa. Application for renewal of groundwater withdrawal
of up to 0.199 mgd (30-day average) from Well 8 (Docket No. 19990701).
Project
Sponsor: UGI Development Company. Project Facility: Hunlock Creek Energy Center
(Susquehanna River), Hunlock Township, Luzerne County, Pa. Applications for
renewal of surface water withdrawal of up to 55.050 mgd (peak day) and
consumptive use of up to 2.396 mgd (peak day) (Docket No. 20090916).
Project Sponsor
and Facility: Williamsburg Municipal Authority, Catharine Township, Blair
County, Pa. Application for renewal of groundwater withdrawal of up to 0.180
mgd (30-day average) from Well 3 (Docket No. 19940702).
Project Sponsor
and Facility: XTO Energy Inc. (West Branch Susquehanna River), Chapman
Township, Clinton County, Pa. Application for renewal of surface water
withdrawal of up to 2.000 mgd (peak day) (Docket No. 20190912). Located in an
Environmental Justice area.
Opportunity to Appear and Comment:
Interested parties may
appear or call into the hearing to offer comments to the Commission on any
business listed above required to be the subject of a public hearing. Given the
nature of the meeting, the Commission strongly encourages those members of the
public wishing to provide oral comments to pre-register with the Commission by
e-mailing Jason Oyler at joyler@srbc.gov before the
hearing date. The presiding officer reserves the right to limit oral statements
in the interest of time and to control the course of the hearing otherwise.
Access to the hearing via telephone will begin at 6:15 p.m. Guidelines for the
public hearing are posted on the Commission’s website, www.srbc.gov, before the hearing for review. The presiding
officer reserves the right to modify or supplement such guidelines at the
hearing. Written comments on any business listed above required to be the
subject of a public hearing may also be mailed to Mr. Jason Oyler, Secretary to
the Commission, Susquehanna River Basin Commission, 4423 North Front Street,
Harrisburg, Pa. 17110-1788, or submitted electronically through https://www.srbc.gov/meeting-comment/default.aspx?type=2&cat=7. Comments mailed or electronically submitted must
be received by the Commission on or before Monday, August 12, 2024, to be
considered.
AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR
Parts 806, 807, and 808.
DATED: July 3, 2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-15-02]
SUSQUEHANNA RIVER BASIN COMMISSION
Projects Approved
for Consumptive Uses of Water
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: This notice lists Approvals by Rule for projects by
the Susquehanna River Basin Commission during the period set forth in DATES.
DATES: June 1 — 30, 2024.
ADDRESSES: Susquehanna River Basin Commission, 4423 North
Front Street, Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General
Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312;
fax: (717) 238-2436; e-mail: joyler@srbc.net.
Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This notice lists the projects,
described below, receiving approval for the consumptive use of water pursuant
to the Commission’s approval by rule process set forth in 18 CFR §806.22 (e)
and (f) for the time period specified above.
Water Source Approval — Issued Under 18 CFR 806.22( e ):
Cargill Cocoa
& Chocolate, Inc. - Hazleton Plant; ABR-202406002; Hazle Township, Luzerne
County, Pa.; Consumptive Use of Up to 0.0800 mgd; Approval Date: June 14, 2024.
Hershey
Creamery Co. – Middletown Manufacturing, ABR-202406003; Lower Swatara Township,
Dauphin County, Pa.; Consumptive Use of Up to 0.0500 mgd; Approval Date: June
14, 2024.
Water Source Approval - Issued Under 18 CFR 806.22( f ):
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Chancellor ; ABR-20090532.R3; Asylum
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: June 5, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Corbett Unit Pad; ABR-201905006.R1;
Overton Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: June 5, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: James Barrett; ABR-20090530.R3; Asylum
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: June 5, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: John Barrett; ABR-20090529.R3; Asylum
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: June 5, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Judd; ABR-20090534.R3; Monroe Township,
Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: June
5, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: May; ABR-20090528.R3; Granville
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: June 5, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Clapper ; ABR-20090533.R3; Auburn
Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: June 6, 2024.
Coterra Energy
Inc.; Pad ID: DefargesJ P1; ABR-202406001; Auburn Township, Susquehanna County,
Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: June 13, 2024.
RENEWAL - SWN
Production Company, LLC; Pad ID: RU-55 CONKLIN; ABR-201204018.R2; New Milford
Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd;
Approval Date: June 13, 2024.
RENEWAL -
Seneca Resources Company, LLC; Pad ID: Shughart 490; ABR-201403004.R2; Richmond
Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval
Date: June 21, 2024.
RENEWAL -
Seneca Resources Company, LLC; Pad ID: Shughart 534; ABR-201403003.R2; Richmond
Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval
Date: June 21, 2024.
RENEWAL - SWN
Production Company, LLC; Pad ID: O'Brien Pad; ABR-201205012.R2; Jackson
Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd;
Approval Date: June 21, 2024.
RENEWAL -
Repsol Oil & Gas USA, LLC; Pad ID: ALEXANDER (01 124); ABR-201905003.R1;
Armenia Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd;
Approval Date: June 24, 2024.
RENEWAL -
Coterra Energy Inc.; Pad ID: GrasavageE P1; ABR-201403014.R2; Jessup Township,
Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date:
June 25, 2024.
RENEWAL -
Coterra Energy Inc.; Pad ID: HawkJ P1; ABR-201403013.R2; Auburn and Springville
Townships, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd;
Approval Date: June 25, 2024.
RENEWAL -
Repsol Oil & Gas USA, LLC; Pad ID: HARRIS (01 004) M; ABR-20090508.R3;
Armenia Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd;
Approval Date: June 25, 2024.
RENEWAL -
Repsol Oil & Gas USA, LLC; Pad ID: PHINNEY (01 006) J; ABR-20090510.R3;
Troy Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd;
Approval Date: June 25, 2024.
RENEWAL -
Seneca Resources Company, LLC; Pad ID: Tice 653; ABR-201403002.R2; Richmond
Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval
Date: June 25, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Harris #1H; ABR-20090556.R3; Burlington
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: June 28, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Iceman; ABR-201205016.R2; Wilmot
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: June 28, 2024.
RENEWAL - SWN
Production Company, LLC; Pad ID: Lepley Pad - TI-04; ABR-201405006.R2; Liberty
Township, Tioga County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval
Date: June 28, 2024.
RENEWAL - SWN
Production Company, LLC; Pad ID: Powers Pad Site; ABR-20090511.R3; Forest Lake
Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd;
Approval Date: June 28, 2024.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts
806 and 808.
DATED: July 11, 2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-15-07]
SUSQUEHANNA RIVER BASIN COMMISSION
General Permit
Notice
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: This notice lists General Permits approved by the
Susquehanna River Basin Commission during the period set forth in DATES.
DATES: June 1-30, 2024
ADDRESSES: Susquehanna River Basin Commission, 4423 North
Front Street, Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General
Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312;
fax (717) 238-2436; e-mail: joyler@srbc.gov.
Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This notice lists General Permits
for projects, described below, pursuant to 18 CFR § 806.17(c)(4), for the
time period specified above.
Lear
Corporation Pine Grove – Penn Dye and Finishing Plant, General Permit Approval
of Coverage No. GP-01-20240606, Pine Grove Borough, Schuylkill County, Pa.;
groundwater remediation system withdrawal approved up to 0.297 mgd (30-day
average); Approval Date: June 13, 2024.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts
806 and 808.
DATED: July 11, 2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-15-08]
WATER AND SCIENCE
ADMINISTRATION
Water Quality
Certification 23-WQC-0045
National Railroad Passenger Corp. (Amtrak)
1 Massachusetts Ave. NW
Washington DC 20001
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(d),
The Maryland Department of the Environment is providing notice of a scheduled
Public Hearing for Water Quality Certification 23-WQC-0045
Location: Susquehanna Rail Bridge located over the
Susquehanna River in Havre de Grace and Perryville, MD
The purpose of the project is to replace the existing bridge
to improve rail safety and reliability. The project includes both tidal and
nontidal impacts:
NONTIDAL IMPACTS: (Havre de Grace: Gasheys Creek,
Lilly Run, and Susquehanna River/ Use I): The project will permanently impact
20,974 square feet of forested nontidal wetland, 8,619 square feet of forested
(isolated) nontidal wetland, 18,297 square feet of emergent nontidal wetland,
2,488 square feet of emergent (isolated) nontidal wetland, 163,141 square feet
of a 25-foot nontidal wetland buffer, 14,140 square feet of a perennial
nontidal stream, 7,586 square feet of an intermittent nontidal stream, and 286,331
square feet of a 100-year nontidal floodplain. Permanent impacts are also
proposed in Perryville: (Mill Creek and Susquehanna River/ Use I): The project
will permanently impact an additional 20,402 square feet of forested nontidal
wetland, 10,944 square feet of scrub-shrub nontidal wetland, 44,653 square feet
of emergent nontidal wetland, 124,392 square feet of a 25-foot nontidal wetland
buffer, 16,782 square feet of a perennial nontidal stream, 1,816 of an
intermittent nontidal stream and 38,601 square feet of a 100-year nontidal
floodplain. No temporary impacts are being proposed to any nontidal wetland,
25-foot nontidal wetland buffer, or 100-year nontidal floodplain in both
Harford and Cecil Counties for this project. Havre de Grace: The project will
temporarily impact 9,225 square feet of a perennial nontidal stream and 2,291
square feet of an intermittent nontidal stream. Perryville: The project will
temporarily impact 8,704 square feet of a perennial nontidal stream and 34,261
square feet of an intermittent nontidal stream. The Permittee has proposed to
satisfy the nontidal wetland and the nontidal waterway mitigation requirement
through offsite permittee responsible mitigation or purchase of mitigation
credit from a state-approved nontidal wetland mitigation bank in Maryland. The
total amount of nontidal mitigation to be required for this project is 187,316
square feet (forested nontidal wetland, 2:1= 49,995 square feet, scrub-shrub
nontidal wetland, 2:1= 10,944 square feet, and emergent nontidal wetland, 1:1=
65,438 square feet.
TIDAL IMPACTS: Each of the new bridge spans will be
supported with a total of 18 piers within State Tidal Wetlands totaling 5,875
square feet of impacts and the spans will total approximately 5.51 acres over
the Susquehanna. The existing bridge will be mechanically demolished after the
first new span is complete with existing in-water foundations mechanically
removed to 2 feet below the mudline. The construction of the new bridge spans
will require construction of 14,637 square feet of temporary trestle and 96
temporary 36-inch diameter mooring piles. Mitigation for impacts to submerged
aquatic vegetation (SAV) will be provided through in-kind SAV planting.
Restoration for impacts to tidal marsh on both shorelines will be provided.
The purpose of this notice is to solicit comments from the
public about the proposed work and to announce the date of a Maryland
Department of the Environment public informational hearing on the request for
certification. At this time, no decision has been made as to whether a
certification will be issued. A public informational hearing has been scheduled
for the referenced project on Thursday, September 19, 2024, at the Havre de
Grace Activity Center, 351 Lewis Lane, Havre de Grace, Harford County, Maryland
21078. A poster session will be held from 6:00 PM to 6:30PM; the informational
hearing will begin at 6:30 PM and end no later than 8:15 PM. Written comments
will be accepted until October 2, 2024.
Contact: Louis Parnes (nontidal) at louis.parnes@maryland.gov or 410-537-3786 or Matt Wallach (tidal) at matthew.wallach@maryland.gov or 410-207-0893
[24-15-04]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0009
Wagner Point Properties
C/o Apostolos Papavisileiou
750 Town & Country Blvd Suite 675
Houston, Texas 77024
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c),
The Maryland Department of the Environment is providing notice of its issuance
of a Water Quality Certification 24-WQC-0009
Location: 1100 Key Highway, East; Baltimore Maryland
21230
·
Create a ship berthing area by
constructing the following structures:
o
471-foot long by 6.92-foor wide conveyor
access, supported with 14-inch diameter piles with pile caps, and connects to a
3,000-square foot captive barge, anchored with four 4-foot diameter mooring
piles;
o
Conveyor/forklift access that consists of
a 481-foot long by 16.5-foot long main stem, and 110-foot long by 10.5-foot
wide and 142-foot long by 10.5-foot wide forked sections supported with 14-inch
diameter pile and pile caps, and each connecting to:
§ 67-foot
by 45-foot small vessel tensioner platform supported with 14-inch and 18-inch
diameter piles, and a 12-foot by 20-foot by 8-foot tall operations cabin; and
§ 128.5-foot
by 71.83-foot large vessel tensioner platform supported with 14-inch and
18-inch diameter piles, and includes a 36-foot long by 5-foot wide finger pier,
and a 12-foot by 20-foot by 8-foot tall operations cabin.
§ The
Conveyors/forklifts and platforms include various accessory structures for the
operation of the conveyors including conveyor rails, tensioners, and other
associated structures, as depicted on the plans.
·
10 mooring piles consisting of two 8-foot
diameter six 6-foot diameter and two 5-foot diameter mooring piles, all
extending within 1,227 feet channelward of the mean high water line.
The WQC and its attachments may be viewed at the following
link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water Quality Certification
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 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: Matt Wallach at matthew.wallach@maryland.gov
or 410-207-0893
[24-15-05]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0028
Maryland Transportation Authority
8019 Corporate Drive, Suite F
Nottingham, MD 21236
Add’l. Info: Pursuant to COMAR 26.08.02.10F(1)(d),
the Maryland Department of the Environment is providing notice of a scheduled
Public Hearing for Water Quality Certification 24-WQC-0028.
Location: I-695 over the Patapsco River, within
Baltimore City and Baltimore and Anne Arundel Counties
The Maryland Transportation Authority has requested a Water
Quality Certification for construction of a new bridge to replace the Franc
Scott Key Bridge. The Rebuild Project will include construction of a new
bridge, which will incorporate reinforced pier foundations, pier protection
islands and dolphins in the Patapsco River to protect the piers and will tie
the new bridge into the existing roadway on either side of the river. The
project location will be the same as the original bridge, following the existing
centerline across the Patapsco River. The new bridge will remain within MDTA’s
existing right-of-way (ROW). The bridge will consist of four 12-foot wide lanes
with two 10-foot wide outside shoulders and two 4-foot side inside shoulders.
The entire bridge will be approximately 2.4 miles including approximately 1
mile over the Patapsco River. The proposed bridge will have an air draft of 230
feet over the 800-foot-wide authorized Fort McHenry Navigation Channel. The
bridge towers will have a maximum height of 550 feet. The bridge construction
will include both tidal and nontidal impacts.
NONTIDAL IMPACTS: Temporary impacts to nontidal
wetlands and their buffers will be due to construction access and permanent
impacts will be due to grading and construction of pier foundations. The total
combined temporary and permanent impacts are: 10,962 square feet of nontidal
wetlands, 57,163 square feet of 25-foot nontidal wetland buffer and 848 square
feet of waterway impacts.
TIDAL IMPACTS: The tidal impacts will be due to both
temporary construction impacts, and permanent impacts caused by bridge pier and
tower construction, collision protection including both dolphins and pier
protection islands, and the coverage caused by the bridge span over the
Patapsco. The total combined temporary and permanent impacts are 539,607 square
feet (12.14 acres) to tidal water.
The purpose of this notice is to solicit comments from the
public about the proposed work and to announce the date of a Maryland
Department of the Environment public informational hearing on the request for
certification. At this time, no decision has been made as to whether a
certification will be issued. A public informational hearing has been scheduled
for the referenced project on Tuesday, September 17, 2024 at the Community
College of Baltimore County (CCBC), Dundalk Campus, 7200 Sollers Point Rd, Baltimore,
MD 21222. A poster session will be held from 4:30 PM to 5:30 PM; the
informational hearing will begin at 5:30 PM and end no later than 7:30 PM. Written
comments will be accepted until October 1, 2024. Additional information on this
project is available at the following link:
https://mde.maryland.gov/programs/water/WetlandsandWaterways/Pages/
FrancisScottKeyBridge.aspx.
Contact: Matthew Wallach at matthew.wallach@maryland.gov or 410-207-0893.
[24-15-03]
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.
FIRE PREVENTION COMMISSION
Subject: Public Meeting
Date and Time: August 15, 2024,
10 a.m.
Place: Aberdeen Fire Dept., 21 N. Rogers St., Main Meeting
Rm., Aberdeen, MD
Add’l. Info: Portions of the meeting may be held in closed session.
Contact: Heidi Ritchie
301-766-3899
[24-15-01]
