Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Subtitle 14 NEIGHBORHOOD AND COMMUNITY
ASSISTANCE PROGRAM
05.14.01 Community Investment
Tax Credit Program
Authority: Housing and Community Development Article, Title 6,
Subtitle 4, Annotated Code of Maryland
Notice of Final Action
[26-139-F]
On October 6, 2026, the Secretary of Housing and Community
Development adopted amendments to Regulations .04 and .06 under COMAR
05.14.01 Community Investment Tax Credit Program. This action, which was
proposed for adoption in 53:18 Md. R. 880 (September 4, 2026), has been adopted
as proposed.
Effective Date: November 9, 2026.
JACOB R. DAY
Secretary
Subtitle 20 REVITALIZATION PROGRAMS
05.20.06 Catalytic
Revitalization Project Tax Credit
Authority: Housing and Community Development Article, §6-904,
Annotated Code of Maryland
Notice of Final Action
[26-140-F]
On October 6, 2026, the Secretary of Housing and Community
Development adopted amendments to Regulations .02 and .04 under COMAR
05.20.06 Catalytic Revitalization Project Tax Credit. This action, which
was proposed for adoption in 53:18 Md. R. 881 (September 4, 2026), has been
adopted as proposed.
Effective Date: November 9, 2026.
JACOB R. DAY
Secretary
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 09 MARYLAND BOARD OF
ELECTRICIANS
Notice of Final Action
[26-114-F]
On October 2, 2026, the Maryland State Board of Electricians
adopted:
(1) Amendments to Regulation .02
under COMAR 09.09.02 Continuing Education; and
(2) New Regulation .04
under COMAR 09.09.03 General Regulations.
This action, which was proposed for adoption in 53:16 Md. R. 690
(August 7, 2026), has been adopted as proposed.
Effective Date: November 9, 2026.
CHET BROWN
Chair, Maryland State Board of Electricians
Subtitle 14 STATE ATHLETIC COMMISSION
09.14.04 Safety and Health
Standards for Contestants
Authority: Business Regulation Article, §§4-205, 4-304, 4-304-1,
4-310, 4-314, and 4-315, Annotated Code of Maryland
Notice of Final Action
[26-096-F]
On September 25, 2026, the State Athletic Commission adopted
amendments to Regulations .02 and .13 under COMAR 09.14.04
Safety and Health Standards for Contestants. This action, which was
proposed for adoption in 53:16 Md. R. 691 (August 7, 2026), has been adopted as
proposed.
Effective Date: November 9, 2026.
JOHN DOVE
Commissioner of Occupational and Professional Licensing
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 14 CANCER CONTROL
10.14.09 Maryland
Pediatric Cancer Fund
Authority: Health-General Article, §§2–104, 4-101—4-103, 20-120,
and 20-121; State Finance and Procurement Article, §§7-209 and 7-210, Annotated
Code of Maryland
Notice of Final Action
[26-129-F]
On October 20, 2026, the Secretary of Health adopted new
Regulations .01—.13 under a new chapter, COMAR 10.14.09 Maryland
Pediatric Cancer Fund. This action, which was proposed for adoption in
53:18 Md. R. 883—886 (September 4, 2026), has been adopted as proposed.
Effective Date: November 9, 2026.
MEENA SESHAMANI, MD, PHD
Secretary of Health
Notice of Final Action
[26-127-F]
On
October 20, 2026, the Secretary of Health adopted:
(1) Amendments to Regulations .04 and .14 under COMAR
10.27.01 Examination and Licensure;
(2) Amendments to Regulations .02, .03, and .04 under
COMAR 10.27.16 Registered Nurse—Workers’ Compensation Medical Case Manager;
(3) Amendments to Regulation .04 under COMAR 10.39.01
Certification of Nursing Assistants;
(4) Amendments to Regulations .02, .04, and .05
and new Regulation .11 under COMAR 10.39.04 Medication Technicians;
(5) Amendments to Regulation .03 under COMAR 10.39.06
Certified Dialysis Technicians;
(6) Amendments to Regulations .01, .03, .05, .06,
and .07 under COMAR 10.53.02 Licensure;
(7) Amendments to Regulations .01 and .17 under COMAR
10.64.01 Practice of Licensed Direct-Entry Midwives; and
(8) Amendments to Regulations .02, .04, and .06
under COMAR 10.69.01 Licensure and Licensed Certified Midwives.
This action, which was proposed for adoption in 53:18 Md. R.
886—890 (September 4, 2026), has been adopted as proposed.
Effective Date: November 9, 2026.
MEENA SESHAMANI, MD, PHD
Secretary of Health
Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 04 POLICE TRAINING AND
STANDARDS COMMISSION
12.04.13 Maryland
Police Training and Standards Commission Fund
Authority: Public Safety Article, §§3-206.1, 3-207, and 3-208,
Annotated Code of Maryland
Notice of Final Action
[26-123-F]
On October 7, 2026, the Maryland Police Training and Standards
Commission adopted new Regulations .01―.05 under a new chapter, COMAR
12.04.13 Maryland Police Training and Standards Commission Fund. This
action, which was proposed for adoption in 53:17 Md. R. 820—821 (August 21,
2026), has been adopted as proposed.
Effective Date: November 9, 2026.
RICHARD H. GIBSON, JR.
Chair, Maryland Police Training and Standards Commission
Title 14
INDEPENDENT AGENCIES
Subtitle 23 ALCOHOL, TOBACCO, AND
CANABIS COMMISSION
14.23.01 Alcoholic Beverages
Authority: Alcoholic Beverages and Cannabis Article, §§1–101,
1-311, 2–124, 2–125, 2–217, 2-302, 2-303, and 2–316, Annotated Code of
Maryland
Notice of Final Action
[26-130-F]
On October 20, 2026, the Executive Director of the Alcohol,
Tobacco, and Cannabis Commission adopted amendments to Regulation .08 and
new Regulation .20 under COMAR 14.23.01 Alcoholic Beverages. This
action, which was proposed for adoption in 53:18 Md. R. 920—922 (September 4,
2026), has been adopted as proposed.
Effective Date: November 9, 2026.
JEFFREY A. KELLY
Executive Director
Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
Subtitle 08 DESIGNATION OF
TRAUMA AND SPECIALITY REFERRAL CENTERS
Notice of Final Action
[26-083-F]
On October 13, 2026, the
Maryland State Emergency Medical Services Board adopted:
(1) Amendments to
Regulations .01—.03 under COMAR 30.08.01 General Provisions;
(2) Amendments to Regulations .01—.03, .05, .07,
.09, and .10 under COMAR 30.08.02
Designation of Trauma and Specialty Referral Centers;
(3) Amendments to
Regulations .02—.24 under COMAR 30.08.05 Trauma Center
Designation and Verification Standards;
(4) Amendments to
Regulations .01—.11, .13, and .14 under COMAR 30.08.11
Designated Primary Stroke Center Standards;
(5) Amendments to
Regulations .01, .03, .04, .06—.12, .14,
and .15 under COMAR 30.08.12 Perinatal and Neonatal Referral Center
Standards;
(6) Amendments to
Regulations .01—.09 and .11—.17 under COMAR 30.08.17
Comprehensive Stroke Centers;
(7) Amendments to
Regulations .01—.05 and .07—.14 under COMAR 30.08.18
Designated Acute Stroke Ready Centers; and
(8) Amendments to Regulations .01—.15 under COMAR 30.08.19
Designated Thrombectomy-Capable Primary Stroke Center Standards.
This action, which was proposed for adoption in 53:17 Md. R. 825—863
(August 21, 2026), has been adopted with the nonsubstantive changes shown
below.
Effective Date: November 9, 2026.
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 30.08.05.14B(2): The
EMS Board is correcting a typographical error in the proposed amendments that
the EMS Board approved during an open session and, after review of current
procedures throughout the State, does not substantially change the requirements
already in practice by stakeholders.
30.08.05 Trauma Center Designation
and Verification Standards
Authority: Education Article, §13-509, Annotated Code of Maryland
.14 Quality Management.
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PARC
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I
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II
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III
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A. (proposed text unchanged)
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B. Trauma Centers shall have:
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(1) (proposed text unchanged)
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(2) A dedicated QM
Process Improvement (PI) position in Trauma Centers with a trauma registry
volume greater than 1000 patients per year which is separate from the
TPM position. This position should initiate the concurrent review process
and, in conjunction with the TPM, facilitate the PI process to loop closure.
This position should report directly to the TPM.
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E
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E
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E
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[[D]]E
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C—J. (proposed text unchanged)
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THEODORE R. DELBRIDGE, MD,
MPH
Executive Director
Proposed Action on Regulations
Title 08
DEPARTMENT OF
NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.19 Nuisance and
Prohibited Species
Authority: Natural Resources Article, §4-205.1,
Annotated Code of Maryland
Notice of Proposed Action
[26-172-P]
The Secretary of Natural Resources proposes to amend Regulation .04
under COMAR 08.02.19 Nuisance and Prohibited Species.
Statement of Purpose
The purpose of this action is to
update the nuisance species list to reflect changing understandings of
which species may present a danger to Maryland’s native species and ecosystems.
These changes are based on risk assessments conducted by the Department to
determine the potential for certain species to have significant negative
impacts.
The proposed action:
(1) Removes candiru from the list of species that a person may not
import, transport, purchase, possess, propagate, sell, or release into State
waters;
(2) Expands the listing of swamp eels to apply to an entire family
of fish rather than a specific species;
(3) Adds both Chinese pond mussel and waterwheel as species which a
person may not import, transport, purchase, possess, propagate, sell, or
release into State waters; and
(4) Makes a number of technical updates based on information that
has developed since the last update to these lists.
Candiru
The Department performed a risk assessment for candiru and
determined that it is a lower risk invasive species than originally feared.
Candiru is native to the Amazon and Orinoco River Basins in South America and
is not currently found in the United States. Because it is a tropical species,
it is not likely to be able to survive winters in Maryland, or establish a
population, in the event that it were to be accidentally released into State
waters. It is also not a common fish in the aquarium trade as it is a blood
parasite.
Chinese Pond Mussel
It is necessary to list the Chinese pond mussel as a species which
a person may not import, transport, purchase, possess, propagate, sell, or
release into State waters based on the results of the Department’s risk
assessment. The Chinese pond mussel is a large freshwater unionid mussel native
to eastern Asia. It is currently found throughout Europe, as well as in
Indonesia, Central America, and North America. It is a filter-feeder with a
larval stage (glochidia) that parasitizes fishes. As a result, it competes with
native unionid mussels for space, nutrients, and host fish. It has been
observed to be a successful competitor that may compose up to 90 percent of the
total unionid biomass in systems where it has been established, completely
replacing some native species. The Department’s risk assessment indicated that
the species had a high climate match score with Maryland. That score combined
with the species’ high fecundity and generally high tolerance of disturbance
and pollution indicate that Chinese pond mussel could establish in Maryland if
it were introduced. Its success as a competitor would be detrimental to stocks
of native Maryland unionid mussels, many of which are already imperiled.
Listing this species in the most restrictive category of nuisance species will
hopefully deter this outcome.
Swamp Eels
It is necessary to expand the list of swamp eels to apply to the
entire family of Synbranchidae, rather than the specific Asian swamp eel
currently listed, because there are several species that are sold for human
consumption in live food markets and circulated in the aquarium trade all of
the same family. Swamp eels are primarily freshwater fishes distributed in
tropical and subtropical regions of Asia, Australia, Africa, and Central and
South America. There are no swamp eel species native to North America. Swamp
eels are considered tropical to sub-tropical species that inhabit mostly
freshwater slow-moving systems including ponds, swamps, and ephemeral wetlands.
These eels are environmentally tolerant as a group. The two most
commonly-traded species are known to tolerate low dissolved oxygen
concentrations (as they are air breathers), a wide range of salinity (up to 16
ppt) and can survive freezing temperatures and ice cover, meaning that it is
likely they would be able to survive a Maryland winter and expand throughout
the Chesapeake Bay watershed if given the opportunity. On the human health
side, swamp eels are a common source of human gnathostomiasis (a parasitic
infection) and have been observed to contain a high parasite load including
nematodes, acanthocephalans, and digenean parasites. Although impacts to
invaded areas outside of Maryland have been relatively minimal, swamp eels can
attain large size (up to 1 meter in length) and prey on a variety of organisms,
and it is possible that impacts have been underreported. The risk analysis that
was run on the entire family determined that there is a high risk of
invasiveness due to environmental and climate matching, indicating most of
Maryland is suitable for establishment by these species.
Waterwheel
It is necessary to list waterwheel as a species which a person may
not import, transport, purchase, possess, propagate, sell, or release into
State waters based on the results of the Department’s risk assessment.
Waterwheel is a carnivorous, perennial, free-floating, rootless aquatic
herbaceous plant, with a simple or sparsely branched stem possessing successive
whorls of bristled, prey-catching leaves. It is native to Eurasia, Africa, and
Australia, has been grown by carnivorous plant enthusiasts in outdoor ponds
since the 1980s and was introduced/reported from the wild in the U.S. as early
as 1999. Waterwheel has been found in Virginia and has shown highly invasive
tendencies there. This species’ primary method of reproduction is vegetative,
with individual plants growing continuously in the right conditions and
doubling in mass in as little as 12 days. It forms dormant buds called
“turions'' that sink to the bottom of the waterbody to overwinter, with new
plants growing from these structures in the spring. Whole plants, plant
fragments, or turions may be transported by birds, flowing water, or boats and
other contaminated recreation equipment. If it becomes established, it may have
a significant impact on invertebrate and zooplankton communities, with individual
plants containing as many as 200 traps that have a capture efficiency of up to
40 percent. As such, waterwheel may compete with native aquatic carnivorous
plants, and could reduce populations of rare aquatic invertebrates through
predation, especially in sensitive aquatic habitats. Additionally, thick growth
of waterwheel could shade out native aquatic macrophytes and may even clog
waterways used for fishing, boating, and irrigation. If this species expands
beyond its currently limited U.S. populations and continues to find the same
levels of success, then it could prove itself to be a damaging aquatic invader.
Listing it in the most restrictive category of nuisance species will hopefully
deter this outcome.
Other Housekeeping Changes
It is necessary to make technical changes based on updated science
on currently-listed species. Specifically, this action updates the scientific
name of Alabama bass from “Micropterus hensalli” to “Micropterus henshalli”;
removes the scientific name “Notropis lutrensis” from the listing for red
shiner; updates the scientific name of rusty crayfish from “Orconectes
rusticus” to “Faxonius rusticus”; updates the scientific name of virile
crayfish from “Orconectes virilis” to “Faxonius virilis”; and includes “Trapa
bispinosa” as a species of water chestnut. These changes reflect corrected
spelling and update how these species are categorized.
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 Regulations for Nuisance Species List ,
Regulatory Staff, Department of Natural Resources Fishing and Boating Services,
580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to
[email protected] or complete the comment form at
https://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx. Comments
will be accepted through November 30, 2026. A public hearing has not been
scheduled.
.04 Classification of Nonnative Aquatic Organisms.
A. A person may not import, transport, purchase, possess,
propagate, sell, or release into State waters the following nonnative aquatic
organisms:
(1) Fish species:
(a) Alabama bass (Micropterus [hensalli] henshalli);
(b) (text
unchanged)
[(c) Asian
swamp eel (Monoterus albus);]
[(d)]
(c)—[(e)] (d) (text unchanged)
[(f) Candiru
(Vandellia cirrhosa);]
[(g)] (e)
(text unchanged)
(f) Chinese
pond mussel (Sinanodonta woodiana);
[(h)]
(g)—[(l)] (k) (text unchanged)
[(m)] (l)
Red shiner ([Notropis lutrensis,] Cyprinella lutrensis);
[(n)]
(m)—[(o)] (n) (text unchanged)
[(p)] (o)
Rusty crayfish ([Orconectes] Faxonius rusticus);
[(q)]
(p)—[(r)] (q) (text unchanged)
(r) Swamp eel
(Synbranchidae sp.);
(s)—(u) (text
unchanged)
(2) Aquatic plant species:
(a) Giant salvinia (Salvinia molesta); [and]
(b) Green
Caulerpa seaweed (Caulerpa taxifolia)[.] ; and
(c) Waterwheel (Aldrovanda vesiculosa).
B. A person may not transport the following nonnative aquatic
organisms:
(1) Fish species:
(a)—(g) (text unchanged)
(h) Virile
crayfish ([Orconectes] Faxonius virilis); and
(2) Aquatic plant species:
(a)—(c) (text unchanged)
(d) Water
chestnut (Trapa natans; Trapa bispinosa).
C.—D. (text unchanged)
JOSH KURTZ
Secretary of Natural Resources
08.02.19 Nuisance and
Prohibited Species
Authority: Natural Resources Article. §4-205.1, Annotated
Code of Maryland
Notice of Proposed Action
[26-144-P]
The Secretary of Natural Resources proposes to adopt new Regulation
.08 under COMAR 08.02.19 Nuisance and Prohibited Species.
Statement of Purpose
The purpose of this action is to establish regulations that allow
the Department to conduct pilot projects for nuisance organisms. Natural
Resources Article, §4-201.5, Annotated Code of Maryland, states that the
Secretary may adopt regulations to conduct pilot projects to demonstrate and
evaluate new approaches for the management and control of nuisance organisms.
The proposed action establishes the rules for both the Department and
participants.
The first pilot project that the Department intends to conduct is
to allow a commercial licensee to sell invasive fish species (e.g., blue catfish,
flathead catfish, and Northern snakehead (Channa argus, commonly known as
Chesapeake Channa in Maryland)) that are collected in a fish lift. Fish lift
operations at the Conowingo Dam in the lower Susquehanna River have
successfully removed thousands of Northern snakehead and flathead catfish from
the Susquehanna River and upper Chesapeake Bay. With significant Department
involvement, these fish are euthanized and given to fish processors to prepare
for human consumption. However, this process depends upon tenuous federal
funding and state resources. After the promulgation of these regulations, a
pilot project will be conducted to determine the best path forward that ensures
the long-term beneficial use of invasive fishes caught in fish lifts.
The proposed action allows the Department to carry out its mission
to protect natural resources within the guidelines of the State’s Aquatic
Nuisance Species Plan and allows the Department to explore ways to minimize the
burden of reducing the influence and biomass of aquatic invasive species to
Department resources.
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 Pilot Program for Nuisance Species
Regulations, Regulatory Staff, Department of Natural Resources Fishing and
Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call
410-260-8300, or email to [email protected] or complete
the comment form at
https://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx. Comments
will be accepted through November 30, 2026. A public hearing has not been
scheduled.
.08 Pilot Program.
A. The Department may conduct pilot projects to
demonstrate and evaluate new approaches for the management and control of
nuisance organisms.
B. The Department may select and designate certain persons
to participate in a pilot project.
C. An individual shall apply for a pilot program permit on a
form provided by the Department.
D. A participant shall:
(1) Have a pilot program permit in order to participate in
a pilot project;
(2) Comply with any conditions of the permit; and
(3) Be eliminated from the pilot project at the discretion
of the Department.
E. The Department shall:
(1) Develop pilot projects in cooperation with the
appropriate advisory bodies created under Natural Resources Article, Title 4,
Annotated Code of Maryland;
(2) Prepare a written evaluation of the pilot project to
be included in the annual Fisheries Management Plan report to the General
Assembly; and
(3) Provide adequate notice of a pilot project through
various media so that an interested individual has a reasonable opportunity to
be informed.
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 03 COMMISSIONER OF FINANCIAL
REGULATION
09.03.14 Money Transmitters
Authority: Financial Institutions Article, §§2-105.1 and 12-403,
Annotated Code of Maryland
Notice of Proposed Action
[26-186-P]
The Commissioner of Financial
Regulation proposes to amend Regulations .01, .16, and .17
under COMAR 09.03.14 Money Transmitters.
Statement of Purpose
The purpose of this action is to exclude payroll processors from
the definition of money transmitter under certain circumstances pursuant to Ch.
20 (H.B. 0118), Acts of 2026. This action establishes the reporting procedure
by adding:
(1) Definitions for certain undefined terms for what a “Qualified
Payroll Services Provider” is; and
(2) An exclusion for a “Qualified Payroll Services Provider” from
money transmission.
Estimate of Economic Impact
I. Summary of Economic Impact. The economic impact of the
proposed action is expected to be low.
II. Types of Economic Impact.
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Impacted Entity
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Revenue
(R+/R-)
Expenditure
(E+/E-)
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Magnitude
|
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A. On issuing agency:
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NONE
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B. On other State agencies:
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NONE
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C. On local governments:
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NONE
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Benefit
(+)
Cost
(-)
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Magnitude
|
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D. On regulated industries or
trade groups:
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Payroll Processors
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(+)
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Minimal
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E. On other industries or
trade groups:
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NONE
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F. Direct and indirect
effects on public:
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Employees and Workers
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(-)
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Minimal
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III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. The proposed action provides no additional benefit beyond what
was established in the statute.
F. It is expected that the public will receive no additional cost
beyond what was established by the statute.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Nora O'Reilly, Director of Legislative
Response, Office of Financial Regulation, 100 S Charles St Tower 1, Ste 5300,
Baltimore, MD 21201, or call 443-970-0545, or email to
[email protected]. Comments will be accepted through November 30, 2026.
A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined
(1)—(18) (text unchanged)
(19) Money Transmission.
(a) (text unchanged)
(b) “Money transmission” [includes] does not include
a payroll processing service.
(20)—(28) (text unchanged)
(29) “Qualified payroll services provider” means a person
designated as an agent of an employer for the purposes of providing payroll
processing services if:
(a) There is a written agreement between the employer and the
agent that directs the agent to provide payroll services on the employer’s
behalf;
(b) The employer holds the agent out to employees and any other
party entitled to receive funds through payroll processing services as
providing payroll processing services on the employer’s behalf;
(c) The employer’s obligation to any payee entitled to receive
payment through the payroll processing services is not extinguished if the
agent fails to remit payment to such payee; and
(d) The agent does not offer money transmission services
unrelated to payroll processing services.
[(29)](30)—[(31)](32)
(text unchanged)
.16 Receipts.
A. This regulation does not apply to:
(1)—(2) (text unchanged)
(3) [Payroll] A licensee when providing payroll
processing services.
B.—C. (text unchanged)
.17 Disclosures for Payroll Processing Services.
A. (text unchanged)
B. [If the] §A of this regulation does not apply
to a licensee providing payroll processing services where the licensee’s
client designates the intended recipients to the licensee and is responsible
for providing the disclosures required by §A(2) of this regulation [,
§A of this regulation does not apply to a licensee providing payroll
processing services].
ANTONIO SALAZAR
Commissioner
Title 10
MARYLAND DEPARTMENT OF HEALTH
Notice of Proposed Action
[26-187-P]
The Secretary of Health proposes to amend:
(1) Regulations .01, .02, and
.17 under COMAR 10.06.01 Communicable Diseases and Related Conditions
of Public Health Importance;
(2) Regulations .01—.06 and .08, and .09
under COMAR 10.18.02 HIV and CD4+ Investigations and Case Reporting;
and
(3) Regulations .02 and .07—.10 under COMAR
10.18.08 HIV Testing Procedures.
Statement of Purpose
The purpose of this action is to update regulations pursuant to
Health-General Article, §18–307, Annotated Code of Maryland.
Estimate of Economic Impact
I. Summary of Economic Impact. Medicaid expenditures are
expected to increase due to expanded coverage for syphilis and HIV testing of
pregnant individuals. LHDs may also experience increased workloads and minor
expenditure increases as they are required to conduct partner services for all
new cases of syphilis and HIV. Insurance providers may also incur costs related
to modifying practice management tools. These estimated costs are expected to
be offset by the significant health benefits associated with the early
identification and treatment of congenital syphilis and HIV.
II. Types of Economic Impact.
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Impacted Entity
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Revenue
(R+/R-)
Expenditure
(E+/E-)
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Magnitude
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A. On issuing agency:
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(1) Maryland Department
of Health (Medicaid)
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(E+)
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$1,076,093
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(2) Maryland Department
of Health (Local Health)
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(E+)
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Minimal
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B. On other State agencies:
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NONE
|
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|
C. On local governments:
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NONE
|
|
|
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Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
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NONE
|
|
|
E. On other industries or
trade groups:
|
|
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Insurance Providers
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(-)
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Minimal
|
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F. Direct and indirect
effects on public:
|
|
|
|
General Public
|
(+)
|
Major
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A(1). Medicaid expenditures are expected to increase by $1,076,093
(85 percent federal funds, 15 percent
general funds) in Fiscal Year 2026 for additional syphilis and HIV testing of
pregnant individuals. Based on a 3 percent increase projection, the estimated
expenditure for FY 2027 is $1,108,376. Expenditures are offset by significant
but indeterminate savings.
A(2). LHDs may experience increased expenditures related to the
investigation and follow-up of cases of individuals diagnosed with syphilis or
HIV. The enhanced screening may result in the identification of additional
cases of individuals with syphilis or HIV at the time of labor and delivery,
who otherwise may not be diagnosed, and additional cases of congenital
syphilis.
E. Healthcare insurance providers or other payers may incur
additional costs associated with screening and electronic medical records
enhancements.
F. Individuals diagnosed with syphilis or HIV will experience
significant cost-saving health benefits associated with the early
identification and treatment of congenital syphilis and HIV.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534, Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through November 30,
2026. A public hearing has not been scheduled.
Subtitle 06 DISEASES
10.06.01 Communicable Diseases and Related Conditions
of Public Health Importance
Authority: Health-General Article, §§2-104(b), 18-201.1, and 18-307,
Annotated Code of Maryland
.01
Scope.
A.—B. (text unchanged)
C. This chapter provides regulations for coordinated control
efforts for communicable diseases and related conditions by the Department,
local health officers, medical laboratory directors, [physicians]
health care providers, veterinarians, and other Maryland governmental
agencies, as guided by policy statements such as:
(1)—(2) (text unchanged)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(28) (text unchanged)
(29) “Stillbirth” means the death of a fetus:
(a) At 20 weeks of gestation or later; or
(b) Weighting at least 500 grams.
[(29)] (30) (text unchanged)
.17 Syphilis and HIV.
A. Control of a Case.
(1) For an individual who appears to have or who has syphilis in a
stage which is or may become communicable, or HIV, a [physician]
health care provider shall instruct the individual in the use of any
measure and render any treatment which may be necessary to prevent the spread
of the disease.
(2) (text unchanged)
(3) A [physician] health care provider shall
report to a health officer within 1 working day and in writing the name and
address of an individual who is:
(a) (text unchanged)
(b) Under medical observation for diagnosis or treatment of
syphilis in an infectious or potentially infectious stage, who fails to return
for observation or treatment within 1 week of the date of a missed
appointment, and is not known to the [attending physician] health
care provider to be under medical observation or treatment elsewhere for
this infection.
(4) (text unchanged)
B. Control of Contacts.
(1) A [physician] health care provider in
attendance upon a patient having syphilis or HIV:
(a)—(c) (text unchanged)
(2)—(3) (text unchanged)
C. (text unchanged)
D. Congenital Syphilis.
(1) A [physician] health care provider in
attendance upon a pregnant woman shall:
(a) Serologically test her for syphilis in accordance with
Health-General Article, §18-307, Annotated Code of Maryland, by taking a blood
sample and assuring the test is completed:
(i) At the time the [physician] health care
provider first examines the woman, either at the first prenatal visit or
at the time of delivery if the woman has had no prenatal care;
(ii) In the third trimester at the prenatal visit at 28 weeks of
gestation or the first prenatal visit after 28 weeks of gestation; [and]
(iii) At [delivery, for high prevalence communities or high
risk individuals] delivery; and
(iv) Following a stillbirth;
(b)—(c) (text unchanged)
(2) A [physician] health care provider in
attendance upon an infant born to an untreated woman who has a positive
serological test for syphilis shall:
(a)—(b) (text unchanged)
(3) (text unchanged)
Subtitle 18 HUMAN IMMUNODEFICIENCY
VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS)
10.18.02 HIV and CD4+ Investigations and Case
Reporting
Authority: Health-General Article, §§2-104(b), 18-201.1, 18-202.1,
18-205, and 18-215, Annotated Code of Maryland
.01
Scope.
A. This chapter establishes the requirements for:
(1) [Physician] Health care provider
reporting of [a]:
(a) [Case of] An
individual diagnosed with human immunodeficiency virus (HIV) or acquired
immunodeficiency syndrome (AIDS); [and]
(b) [Birth] The birth of an infant whose
mother has tested positive for HIV; and
(c) A pregnancy in a woman with HIV;
(2) Institution reporting of [a case of] an
individual diagnosed with HIV or AIDS;
(3) (text unchanged)
(4) [Follow-up] The follow-up by the health
officer of:
(a) A [physician's] health care provider’s
report of HIV or AIDS;
(b) [A physician's] An institution’s report
of an infant whose mother has tested positive for HIV;
[(c) An institution's report of HIV or AIDS; and]
[(d)] (c) (text unchanged)
(e) An infant whose mother has tested positive for HIV; and
(f) Pregnancy in a woman with HIV.
B.—C. (text unchanged)
.02 Exemptions.
A.—B. (text unchanged)
C. Approval.
(1)—(2) (text unchanged)
(3) The Director shall [mail] send written
notification to the applicant of an exemption under this regulation within 30
days of receipt of the application, stating whether the exemption:
(a)—(c) (text unchanged)
D.—E. (text unchanged)
.03 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(10) (text unchanged)
(11) “Health care provider” means a physician, registered
nurse, certified registered nurse practitioner, certified nurse midwife,
licensed certified midwife, licensed direct-entry midwife, or designees of a
health care facility.
[(11)] (12)—[(18)] (19)
(text unchanged)
.04 [Physician] Health Care Provider Responsibility.
A. [A physician] Within 48 hours, by phone, in
writing on a form provided by the Secretary, or by an electronic method as
directed by the Secretary, a health care provider shall:
(1) Report [a case of] an individual diagnosed
with HIV or AIDS [or newborn HIV exposure for a patient]
under the [physician's] health care provider’s care to the
health officer [within 48 hours, by phone or in writing on a form
provided by the Secretary; and] for the jurisdiction where the health
care provider offers care for that individual;
(2) Report HIV exposure of a newborn under the health care
provider’s care to the Secretary;
(3) Report a pregnancy in a woman with HIV under the health care
provider’s care to the Secretary; and
[(2)] (4) (text unchanged)
B. A [physician] health care provider may not
transmit information to the health officer or the Secretary about [a
case of] an individual diagnosed with HIV or [AIDS or] AIDS,
a newborn HIV exposure, or a pregnant woman with HIV by facsimile
or another electronic method unless directed by the Secretary to submit the
information by electronic method.
C. A [physician] health care provider authorized
to order laboratory examinations shall include all of the following information
on the written laboratory examination order for a test covered by this chapter:
(1) Name, date of birth, race, ethnicity, assigned sex at birth,
and gender of the [patient] individual;
(2) Street address, city, state, and zip code of the [patient's]
individual’s residence; [and]
(3) If applicable, the pregnancy status of the individual; and
[(3)] (4) Name, address, and telephone number
of the [physician] health care provider ordering the test.
D. A [physician] health care provider who
reports [a case of] an individual diagnosed with HIV or [AIDS
or] AIDS, a newborn HIV [exposure] exposure, or
a pregnancy in a woman with HIV, or orders a laboratory examination for a
test covered by this chapter shall make available to the health officer or the
Secretary the information necessary to compile an HIV/AIDS case report as set
forth in Health-General Article, §18-207, Annotated Code of Maryland.
E. A [physician] health care provider working
in an institution required to report as set forth in Health-General Article,
§18-202.1, Annotated Code of Maryland, is not required to report an individual
diagnosed with HIV or AIDS [case] if the administrative head
of the institution has designated an individual clinical or infection control
practitioner or a specific set of clinical or infection control practitioners
other than the [physician] health care provider to be
responsible for reporting on behalf of all clinical and infection control
practitioners in the facility, as set forth in Regulation .05 of this chapter.
.05 Responsibilities of Clinical and
Infection Control Practitioners in Institutions.
A. A clinical or infection control practitioner working in an
institution required to report as set forth in Health-General Article,
§18-202.1, Annotated Code of Maryland, shall:
(1) Report [a case of] an individual diagnosed
with HIV or AIDS under the care of the institution to the health officer for
the jurisdiction where the institution offers care for that individual within
48 hours, by phone or in writing on a form provided by the Secretary; and
(2) (text unchanged)
B. A clinical or infection control practitioner may not transmit
to the health officer or the Secretary information about [a case of]
an individual diagnosed with HIV or AIDS by facsimile or another
electronic method unless directed by the Secretary to submit the information
by electronic method.
C. A clinical or infection control practitioner who reports [a
case of] an individual diagnosed with HIV or AIDS shall make
available to the jurisdiction’s health officer or the Secretary the
information necessary to compile an HIV/AIDS case report as defined in
Health-General Article, §18-207, Annotated Code of Maryland.
D. (text unchanged)
E. A clinical or infection control practitioner working in an
institution required to report as defined in Health-General Article,
§18-202.1, Annotated Code of Maryland, is not required to report an
individual diagnosed with HIV or AIDS [cases] if the
administrative head of the institution has designated a different individual
clinical or infection control practitioner or specific set of clinical or
infection control practitioners who shall be responsible for reporting on
behalf of all clinical practitioners in the facility.
.06 Responsibilities of Laboratory Directors.
A. Except as provided in Regulations .01C and .02 of this chapter,
the director of a medical laboratory shall:
(1) (text unchanged)
(2) Use the form provided by the [Department] Secretary
or by an electronic method as directed by the Secretary in making the
report required under §A(1) of this regulation;
(3) Include all of the following information in the report
required under §A(1) of this regulation:
(a)—(c) (text unchanged)
(d) Name, date of birth, race, ethnicity, assigned sex at
birth, and gender of the [patient] individual;
(e) Street address, city, state, and zip code of the [patient's]
individual's residence;
(f) If applicable, the pregnancy status of the individual;
[(f)] (g) Name of the [physician] health
care provider authorizing the laboratory examination; and
[(g)] (h) Address and telephone number of the
[physician] health care provider authorizing the
laboratory examination; and
(4) Contact the [physician] health care provider
authorizing the laboratory examination to obtain any of the information, as
required by §A(3) of this regulation, that is not provided on the laboratory
examination order.
B. A laboratory director may not transmit to the health officer or
the Secretary information about [a case of] an individual
diagnosed with HIV or AIDS by facsimile or another electronic method
unless directed by the Secretary to submit the information by electronic
method.
C. (text unchanged)
D. This regulation does not relieve a [physician] health
care provider of the duty to report as set forth in Health-General
Article, §§18-201.1 and 18-202.1, Annotated Code of Maryland.
.08 Responsibility of Health Officer.
A. This regulation establishes requirements for follow-up by the jurisdiction’s
health officer of a report of an individual diagnosed with HIV or AIDS
or newborn HIV exposure or laboratory report of HIV detection, HIV viral load,
CD4+ cell count or percentage, or HIV genotype sequence.
B. This regulation does not supplant or otherwise modify the:
(1) [Physician's] Health care provider’s
obligation to report [a case of] an individual diagnosed with HIV
or [AIDS or] AIDS, a newborn HIV [exposure]
exposure, or a pregnant woman with HIV under Health-General Article,
§18-201.1, Annotated Code of Maryland, and Regulation .04 of this chapter;
(2) Clinical or infection control practitioner's obligation to
report [a case of] an individual diagnosed with HIV or
AIDS under Health-General Article, §18-202.1, Annotated Code of Maryland, and
Regulation .05 of this chapter; and
(3) (text unchanged)
C. Upon receipt of a report from a [physician] health
care provider pursuant to Regulation .04 of this chapter, or a
clinical or infection control practitioner pursuant to Regulation .05 of this
chapter, the health officer shall:
(1) Determine whether the [case of HIV] individual
diagnosed with HIV or [the case of AIDS,] AIDS, the newborn HIV
exposure, or the pregnancy in a woman with HIV has been reported previously;
(2) Complete the case investigation if [the patient
has HIV or AIDS or is a newborn HIV exposure and the case of HIV or the case of
AIDS or the newborn HIV exposure has not been reported previously; and] the:
(a) Individual diagnosed with HIV or AIDS has not been reported
previously as diagnosed with HIV;
(b) Individual diagnosed with AIDS has not been reported
previously as diagnosed with AIDS;
(c) Newborn HIV exposure has not been reported previously; or
(d) The pregnancy in a woman with HIV has not been previously
reported; and
(3) Submit the HIV/AIDS case report as set forth in Health-General
Article, 18-207, Annotated Code of Maryland, to the [Department if
the case of HIV or the case of AIDS or the newborn HIV exposure has not
been reported previously.] Secretary if:
(a) The individual diagnosed with HIV or AIDS has not been
reported previously as diagnosed with HIV;
(b) The individual diagnosed with AIDS has not been previously
reported as diagnosed with AIDS;
(c) Newborn HIV exposure has not been reported previously; or
(d) The pregnancy in a woman with HIV has not been previously
reported.
D. Upon receipt of a test result report from a laboratory director
pursuant to Regulation .06 of this chapter, the health officer shall:
(1) Determine whether the report matches [to a case of HIV,
a case of AIDS, or a newborn HIV exposure] an individual diagnosed
with HIV or AIDS that has been reported previously, and submit the report
to the [Department] Secretary if the report matches;
(2) Complete a case investigation if the report indicates [the
patient has HIV or AIDS or is a newborn HIV exposure and the case of HIV or the
case of AIDS or the newborn HIV exposure has not been reported previously;]
(a) The individual diagnosed with HIV or AIDS has not been
reported previously as diagnosed with HIV; or
(b) The individual diagnosed with AIDS has not been previously
reported as diagnosed with AIDS;
(3) Submit the HIV/AIDS case report, as set forth in
Health-General Article, §18-207, Annotated Code of Maryland, to the [Department
if] Secretary if: [the case of HIV or the case of
AIDS or the newborn HIV exposure has not been reported previously; and]
(a) The individual diagnosed with HIV or AIDS has not been
reported previously as diagnosed with HIV; or
(b) The individual diagnosed with AIDS has not been previously
reported as diagnosed with AIDS; and
(4) Retain a nonmatching report for up to 4 years, rematching the
report, not less than annually, to test result reports and to [cases of
HIV or cases of AIDS or newborn HIV exposures] reports of individuals
diagnosed with HIV or AIDS that had not been reported previously, to
identify new matches, and submit the report to the [Department] Secretary
if the report matches.
E. A health officer may not transmit to the Secretary information
about [a case of] an individual diagnosed with HIV or AIDS
by facsimile or another electronic method unless directed by the Secretary to
submit the information by electronic method.
.09 Record Maintenance and Confidentiality.
A. A person that submitted a report of an individual diagnosed
with HIV or [AIDS or] AIDS, a newborn HIV [exposure]
exposure, or a pregnant woman with HIV, shall make available to the
health officer or the Secretary the information necessary to compile an
HIV/AIDS case report, according to Regulations .04—.06 of this chapter.
B. (text unchanged)
C. Confidentiality.
(1) (text unchanged)
(2) The reports and any proceedings, records, or files relating to
the reports required under this chapter are not discoverable and are not
admissible in evidence in any [civil action.] criminal,
civil, or administrative action.
(3) (text unchanged)
(4) An individual who violates Regulation .09C of this chapter
is subject to penalties, fines, and imprisonment as set forth in
Health-General Article, §18-215(e)—(g), Annotated Code of Maryland.
10.18.08 HIV Testing Procedures
Authority: Health-General Article, §§2-104(b) and (i), 2-105(a) and (b),
18-201.1, 18-202.1, and 18-336, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(17) (text unchanged)
(18) Partner.
(a) (text unchanged)
(b) “Partner” includes any individual who:
(i) Is the marriage partner of an [HIV-infected patient]
individual diagnosed with HIV or AIDS; or
(ii) Has been the marriage partner of the [HIV-infected
patient] individual diagnosed with HIV or AIDS at any time
within the 10-year period before the diagnosis of HIV infection.
(19)—(28) (text unchanged)
.07
Testing Requirements for Pregnant Women Receiving Prenatal Care.
A.—B. (text unchanged)
C. Unless a patient declines, a health care provider shall test a
pregnant woman under the health care provider’s care:
(1) During the first trimester of pregnancy or the first prenatal
visit; [and]
(2) In the third trimester of pregnancy[.]; and
(3) At time of delivery.
D. A health care provider who provides labor and delivery services
to a pregnant woman shall [offer]:
(1)[ A rapid HIV test to a pregnant woman with unknown or
undocumented HIV status during labor and delivery; and]
[(2) Antiretroviral] Offer antiretroviral prophylaxis
before receiving the results of the confirmatory test if [a rapid]
an HIV test performed [during labor and] at the time
of delivery is positive[.]; and
(2) Test the newborn if the pregnant woman’s HIV status is
unknown.
E. Confidentiality.
(1)—(2) (text unchanged)
[(3) Provided that the identity or any other information
that could readily be associated with the identity of the pregnant woman is
not disclosed, the results of an HIV test performed under this section may be
introduced into evidence in a criminal, civil, or administrative action,
including the adjudication of a workers’ compensation claim.]
.08
Consent and Pretest Requirements for HIV Testing in Nonclinical Settings.
A. For HIV tests administered in nonclinical settings, as
permitted in Regulations .03 and .04 of this chapter, the [individual]
health care provider administering the HIV test shall:
(1)—(3) (text unchanged)
B.—C. (text unchanged)
D. [An individual] A health care provider
providing pretest information shall:
(1)—(5) (text unchanged)
.09
Post-Test Requirements for HIV Testing by Health Care Providers.
A. If a patient’s HIV test result is negative, the [individual]
health care provider [providing] administering testing
shall provide post-test information to the patient tested that includes:
(1)—(2) (text unchanged)
B. If a patient’s HIV test result is indeterminate, the [individual]
health care provider [providing] administering
testing shall provide post-test information to the patient [in
person] that includes:
(1)—(3) (text unchanged)
C. If a patient’s HIV test result is positive:
(1) The [individual] health care provider [providing]
administering testing shall provide post-test information to the
patient [in person] that includes:
(a)—(d) (text unchanged)
(2) The health care provider shall:
(a) (text unchanged)
(b) If necessary, provide the patient with information about
mental health services for [HIV-infected] individuals diagnosed
with HIV;
(3) For contact control, the health care provider shall:
(a) Endeavor to bring an individual with whom the patient has had
potentially infectious contact to examination and, as appropriate, prophylaxis
by:
(i) Requesting the jurisdiction’s health officer to conduct
a contact investigation of any [case of HIV] individual
diagnosed with HIV; or
(ii) (text unchanged)
(b) (text unchanged)
(4)—(5) (text unchanged)
.10 Post-Test Requirements for HIV Testing in
Nonclinical Settings.
A. If a patient’s HIV test result is negative, the [individual]
health care provider [providing] administering
testing shall provide post-test information to the patient tested that
includes:
(1)—(3) (text unchanged)
B. If a patient’s HIV test result is indeterminate, the [individual]
health care provider [providing] administering
testing shall provide post-test information to the patient tested [in
person] that includes:
(1)—(4) (text unchanged)
C. If a patient’s HIV test result is positive:
(1) The [individual] health care provider [providing]
administering testing shall provide post-test information to the
patient tested [in person] that includes:
(a)—(d) (text unchanged)
(e) That the patient should have a medical evaluation by a [physician
or physician’s designee] health care provider who knows that the
patient is HIV positive;
(f)—(g) (text unchanged)
(2) The [individual] health care provider
performing the HIV test shall:
(a) (text unchanged)
(b) If necessary, provide the patient with information about
mental health services for [HIV-infected] individuals diagnosed
with HIV;
(3) For contact control, the [individual] health
care provider providing the testing shall:
(a) Request the health officer from the patient’s home
jurisdiction conduct a contact investigation of any [case of HIV]
individual diagnosed with HIV; and
(b) (text unchanged)
(4)—(5) (text unchanged)
MEENA SESHAMANI, MD, phd
Secretary of
Health
Subtitle 25 MARYLAND HEALTH CARE
COMMISSION
10.25.13 [Health Information
Technology Funding] Grants
Authority: Health-General Article, §§19-103(c)(2), 19-109(a)(1),
(4)−(6) and (8), 19-109(d) and 19-130(e)(2), et seq., Annotated Code of
Maryland
Notice of Proposed Action
[26-184-P]
The Maryland Health Care Commission proposes to repeal existing
Regulations .01—.05 under COMAR 10.25.13 Health Information
Technology Funding Applications and adopt new Regulations .01—.05
under COMAR 10.25.13 Grants.
This action was considered by the Commission at an open meeting held on
September 17, 2026, notice of which was given through publication in the
Maryland Register, under General Provisions Article, §3-302(c), Annotated Code
of Maryland.
Statement of Purpose
The purpose of this action is to repeal COMAR 10.25.13 Health
Information Technology Funding Applications that is now obsolete, as it applied
to a funding opportunity for health information technology in 2006, and replace
with new regulations under COMAR 10.25.13 Grants, that clarify the process and
procedures for awarding grants under the Commission’s grant authority
established in Health-General Article, §19-109(a)(5), Annotated Code of
Maryland. The Commission has the authority to award funds received from any
person or government agency provided it uses a competitive process, publishes
information about applying for funding on its website, and evaluates proposals
using a panel consisting of internal and external evaluators. The proposed
regulations outline the process that the Commission’s Executive Director will
follow to award grant funds.The process and parameters outlined in this chapter
are consistent with the Commission’s existing grant processes. The regulatory
text ensures that grant-making expectations, standards, and processes as
established in the statute are clearly defined and described in regulation and
will improve transparency and public accountability in MHCC grant-making.
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 Alexandra Bryden, Chief of Staff, Maryland
Health Care Commission, 4160 Patterson Avenue Baltimore, MD 21215, or call
410-952-1045, or email to [email protected]. Comments will be
accepted through November 30, 2026. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland
Health Care Commission during a public meeting to be held on December 17, 2026
at 1:00 p.m., at 4160 Patterson Avenue, Baltimore, MD 21215.
.01 Scope.
This chapter applies to grants awarded by the Maryland Health
Care Commission from any funding source.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Commission” means the Maryland Health Care Commission.
(2) “Executive Director” means the person appointed chief
administrative officer of the Commission in accordance with Health-General
Article, §19-106, Annotated Code of Maryland.
(3) Grant.
(a)“Grant” means an award of funds in accordance with
Health-General Article, §19-109(a)(5), Annotated Code of Maryland, including an
award of funds in accordance with Health-General Article, §19-130(e)(2),
Annotated Code of Maryland.
(b) “Grant” does not include a procurement contract awarded in
accordance with State Finance and Procurement Article, Division II, Annotated
Code of Maryland.
(4) “Notice of Funding Availability” means information about
funds to be awarded and how to submit a proposal in accordance with
Health-General Article, §19-109(d)(2)(i), Annotated Code of Maryland.
(5) “Person” includes an individual, receiver, trustee,
guardian, executor, administrator, fiduciary, or representative of any kind and
any partnership, firm, association, limited liability company, limited
liability partnership, public or private corporation, or other entity.
.02 Notice of Funding Availability.
A. Prior to awarding a grant, the Commission shall post a Notice
of Funding Availability on the Commission’s website.
B. The Notice of Funding Availability shall specify:
(1) Who is eligible to apply;
(2) How to apply for funding;
(3) The deadline to submit an application;
(4) The amount of available funding;
(5) The duration of the grant period;
(6) The application review criteria; and
(7) A contact person for additional information.
.03 Review of Applications, Award, and Reporting.
A. The Executive Director shall establish a panel of internal
and external evaluators to review and evaluate applications.
B. The review panel shall use the review criteria published in
the Notice of Funding Availability to evaluate applications.
C. The Executive Director shall award grant funds in
consideration of the review panel’s recommendations.
D. Before receiving funds, a grantee shall enter into an
agreement establishing the terms and conditions of funding and provide any
other information that the Commission deems necessary.
E. Awardees or grantees shall be required to report on the use
and impact of grant funds in the manner required by the Commission.
F. The Executive Director shall report to the Commission on any
funds awarded under this chapter.
.04 Grant Renewal.
At the Executive Director’s discretion, the Commission may renew
a grant award without publishing a new Notice of Funding Availability.
.05 Audits.
A. The Commission, or its designee, may audit an applicant’s or
grantee’s documents or other information deemed necessary by the Commission to
verify the information submitted by a person applying for or receiving grant
funds from the Commission is true and correct.
B. The Commission, or its designee, may perform on-site audits.
C. A person who has submitted an application for a grant under
this chapter shall provide the Commission, or its designee, with access to all
information, documents, and facilities requested by the Commission, or its
designee, for purposes of auditing the person's application.
D. A person who has received grant funds under this chapter
shall provide the Commission, or its designee, with access to all information,
documents, and facilities requested by the Commission, or its designee, for
purposes of auditing the person's compliance with all grant requirements.
E. Information discovered by the audit process indicating that a
grant was improperly awarded or grant funds were improperly paid may result in
remedial action being taken, including recoupment of grant funds, offset from
any State grant to the grantee in the current or succeeding fiscal year,
referral to the Central Collections Unit, or other appropriate action.
JOAN GELRUD, RN
Chair
Subtitle 31 HEALTH OCCUPATIONS BOARDS
10.31.03 General
Continuing Education Requirements
Authority: Health Occupations
Article, §§1–225, 1–225.1, and 1-231, Annotated Code of
Maryland
Notice of Proposed Action
[26-189-P]
The Secretary of Health proposes to adopt new Regulations .01—.06
under a new chapter, COMAR 10.31.03 General Continuing Education
Requirements.
This proposal was considered at public meetings by the Board of
Acupuncture on July 14, 2026, the Board of Examiners for Audiologists, Hearing
Aid Dispensers, Speech-Language Pathologists and Music Therapists on June 18,
2026, the Board of Chiropractic Examiners on July 9, 2026, the Board of Dental
Examiners on August 5, 2026, the Board of Dietetic Practice on July 16, 2026,
the Board of Environmental Health Specialists on August 5, 2026, the Board of
Long-Term Care Administrators on August 28, 2026, the Board of Massage Therapy
Examiners on July 22, 2026, the Board of Morticians and Funeral Directors on
July 8, 2026, the Board of Nursing on July 29, 2026, the Board of Occupational Therapy Practice
on July 17, 2026, the Board of Examiners in Optometry on July 29, 2026, the
Board of Pharmacy on August 19, 2026, the Board of Physical Therapy Examiners
on July 21, 2026, the Board of Physicians on July 22, 2026, the Board of
Podiatric Medical Examiners on July 9, 2026, the Board of Professional
Counselors and Therapists on July 17, 2026, the Board of Examiners of
Psychologists on June 26, 2026, the Board for the Certification of Residential
Child Care Professionals on July 10, 2026, and the Board of Social Work Examiners
on July 10, 2026, notice of each of which was given by publication on the
respective Board’s website pursuant to General Provisions Article, §3–302(c),
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to update and clarify continuing
education requirements for individuals regulated by health occupations boards
in the State, including requirements surrounding implicit bias and structural
racism training programs pursuant to HB 783 Health Occupations - Implicit Bias
and Structural Racism Training (2025), human trafficking awareness training
pursuant to HB 771 Health Occupations - Human Trafficking Awareness Training
(2026), and training on women’s health conditions pursuant to HB 1365 Health
Occupations, Public Health, and Insurance - Menopause - Provider Training
Coverage Requirements, Policy Initiatives, and Access to Care and HB 1118
Health, Health Insurance, and Health Occupations - Perinatal Behavioral Health
Conditions.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534, Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through November 30,
2026. A public hearing has not been scheduled.
.01
Scope.
This chapter applies
to all health occupations boards within the Maryland Department of Health and
governs licensees, certificate holders, permit holders, or registrants applying for renewal of a license, certificate,
permit, or registration.
.02
Definitions.
A. In this chapter,
the following terms have the meanings indicated.
B. Terms Defined.
(1) “Continuing
education” means any eligible course or program approved by a health
occupations board which may be utilized by the licensee to meet renewal
requirements of the applicable health occupations board.
(2) Continuing
Education Credit.
(a) “Continuing
education credit” means the time in which the licensee is engaged in a
continuing education activity set forth under each health occupations board’s
regulations in this title.
(b) “Continuing
education credit” includes the terminology
specified by a health occupations board including but not limited to
continuing education hours, continuing education units, or other terms used by
the applicable board.
(3) “Department”
means the Maryland Department of Health.
(4) “Health care
practitioner” means a person who is licensed, certified,
registered, or otherwise authorized under the Health Occupations Article, Annotated
Code of Maryland, to provide health care services in the course of business
and practice of a profession.
(5) “Health
occupations board” means a board authorized to issue a license, certificate,
permit, or registration to an applicant who meets the requirements under the
Health
Occupations Article, Annotated Code of Maryland.
(6) “Human
trafficking” means the illegal exploitation of an individual through force,
fraud, or coercion for labor, services, or commercial sex.
(7) “Implicit bias”
means a bias in judgment that results from unconscious attitudes, stereotypes,
or associations that influence perception, judgment, and behavior without a
person’s conscious awareness or intentional control.
(8) “Licensee”
means, unless the context requires otherwise, an individual holding a license,
certificate, permit, or registration by a health occupations board
in the State to provide health care services as authorized by the
Health
Occupations Article, Annotated Code of Maryland.
(9) “Menopause”
means the permanent end of a woman’s menstrual period, resulting in the end of
natural fertility.
(10) Perinatal
Behavioral Health Condition.
(a) “Perinatal
behavioral health condition” means a health condition occurring during
pregnancy or within 1 year after the conclusion of pregnancy, including a
pregnancy that does not result in a live birth.
(b) “Perinatal
behavioral health condition” includes postpartum depression.
(11) “Structural
racism” means the totality of ways in which societies foster racial
discrimination by mutually reinforcing systems of housing, education,
employment, earnings, benefits, credit, media, healthcare, and criminal
justice.
.03 Continuing
Education Guidelines.
A. The guidelines
set forth in this chapter are in addition to the requirements established
under each health occupations board’s regulations
in this title.
B. The approval of
continuing education credits shall be at the discretion of the applicable
health occupations board.
C. All continuing
education hours or credits shall be completed in accordance with the renewal
schedule of the applicable health occupations board.
.04 Implicit Bias and
Structural Racism Training Programs.
A. Licensees shall
complete implicit bias and structural racism training programs in accordance with Health Occupations
Article, §1–225, Annotated Code of Maryland.
B. Each implicit bias and structural racism training
program recognized by a health occupations board shall be approved by the
Cultural and Linguistic Health Care Professional Competency Program in
accordance with Health-General Article, §20-1306, Annotated Code of Maryland,
for a licensee’s first renewal after April 1, 2026.
C. A health occupations board may provide
continuing education credit for the implicit bias and structural racism
training programs in accordance with the applicable board’s continuing
education regulations.
.05
Human Trafficking Awareness Training.
A. Each health
occupations board shall allow an applicant
seeking license or certificate renewal to receive at least 1 hour of continuing education credit for
completing a human trafficking awareness training program approved by the
Department as described in Health Occupations Article, §1-225.1, Annotated
Code of Maryland.
B. Section A of this
regulation is effective upon the:
(1) Effective date
of this regulation; and
(2) Approval
by the Department of a human
trafficking awareness training program in accordance with Health
Occupations Article, §1-225.1(c)(1), Annotated Code of Maryland.
.06 Continuing Education
for Women’s Health Conditions.
A. Managing
Menopause and Menopause-associated Symptoms Continuing Education.
(1) This section
applies to health occupations boards which:
(a) Include within
the scope of practice for the licensed health care practitioners the evaluation and management of menopause and menopause-associated
symptoms; and
(b) Require, as a condition of license renewal,
continuing education credits.
(2) Continuing
Education Credits.
(a) A health occupations board shall grant at least 2 hours of continuing
education credits for every 1 hour of continuing education approved by the
Department on menopause and menopause-associated symptoms.
(b) A health occupations board may establish a maximum number of
continuing education credits that may be granted under §A(2)(a) of this
regulation in the applicable board’s continuing education regulations.
(3) Section A(2) of
this regulation is effective upon the:
(a) Effective date of this regulation; and
(b) Approval by the Department
of a menopause and menopause associated symptoms training program in
accordance with Health Occupations Article, §1-231, Annotated Code of
Maryland.
B. Perinatal
Behavioral Health Conditions Continuing Education.
(1) This section
applies to health occupations boards which:
(a) For health occupation boards that include within the scope of practice
for the licensed health care practitioners the evaluation and management of
perinatal care; and
(b) Require, as a condition of license renewal, continuing education
credits.
(2) Continuing
Education Credits.
(a) A health
occupations board shall grant at least 2 hours of continuing education credits
for every 1 hour of continuing education as approved by the Department on
perinatal behavioral health conditions.
(b) A health
occupations board may establish a maximum number of continuing education
credits that may be granted under §A(2)(a) of this regulation in the
applicable
board’s continuing education regulations.
(3) Section B(2) of
this regulation is effective upon the:
(a) Effective date of this regulation; and
(b) Approval
by the Department of a perinatal behavioral health training program in
accordance with Health Occupations Article, §1-231, Annotated Code of
Maryland.
meena seshamani, md, phd
Secretary of
Health
Subtitle 34 BOARD OF PHARMACY
10.34.29 Drug Therapy Management
Authority: Health Occupations
Article, §§12-6A-01—12-6A-10, Annotated Code of Maryland
Notice of Proposed Action
[26-190-P]
The Secretary of Health proposes to amend Regulations .01—04
under COMAR 10.34.29 Drug Therapy Management.
This action was considered by the Board of
Pharmacy at a public meeting held on June 17, 2026, notice of which was given
by publication on the Board’s website at
https://health.maryland.gov/pharmacy/Pages/index.aspx pursuant to General
Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to
clarify and update regulations directly related to drug therapy
management and the treatment of opioid use disorder using controlled dangerous
substances in accordance with SB 562 State Board of Pharmacy –
Prescriber-Pharmacist Agreements – Treatment of Opioid Use Disorders (2026).
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534, Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through November 30,
2026. A public hearing has not been scheduled.
.01
Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Applicants” means physicians, pharmacists, podiatrists, certified
midwives licensed under Health Occupations Article, Title 8, Subtitle 6D,
Annotated Code of Maryland, or certified advanced practice nurses with
prescriptive authority submitting a prescriber-pharmacist agreement and
protocol to their respective Boards.
[(2-1)] (3) “Authorized prescriber” means:
(a) [a] A licensed physician;
(b) [a] A licensed podiatrist;
(c) [a] A certified advanced practice
nurse with prescriptive authority under Health Occupations Article, §8-508,
Annotated Code of Maryland; or
(d) A licensed certified midwife with prescriptive authority
under Health Occupations Article, §8-6D-01, Annotated Code of Maryland.
[(3)] (4)—[(5)] (6) (text
unchanged)
(7) “Prescription Drug Monitoring Program (PDMP)” means the
Prescription Drug Monitoring Program established under Health General Article,
Title 12, Subtitle 2A, Annotated Code of Maryland.
.02 Content of Protocol.
A.—D. (text unchanged)
E. A protocol that authorizes controlled dangerous substances
drug therapy shall require the pharmacist to request relevant data from the
PDMP before:
(1) Initiating controlled dangerous substances drug therapy; or
(2) Modifying controlled dangerous substance drug therapy.
.03 Content of Prescriber-Pharmacist
Agreement.
A. The prescriber-pharmacist agreement shall contain the
following:
(1) The names and signatures of the physicians, podiatrists, licensed
certified midwives, or certified advanced practice nurses with
prescriptive authority and pharmacists authorized to act under a therapy
management contract;
(2)—(5) (text unchanged)
(6) A statement that the physicians, podiatrists, licensed
certified midwives, or certified advanced practice nurses with
prescriptive authority and pharmacists shall comply with all State and federal
laws relating to patient confidentiality; and
(7) (text unchanged)
B.—D. (text unchanged)
.04
Requirements for Participation in Drug Therapy Management.
A. (text unchanged)
B. A pharmacist who does not possess a Doctor of Pharmacy degree
shall document that the pharmacist’s training has included the following
components:
(1) Designing, implementing, monitoring, evaluating, and modifying
or recommending modifications in drug therapy to [insure] ensure
effective, safe, and economical patient care;
(2)—(7) (text unchanged)
C. (text unchanged)
[D. An authorized prescriber who has entered into a
prescriber-pharmacist agreement shall submit to the Boards that regulate the
authorized prescriber a copy of:
(1) The prescriber-pharmacist agreement;
(2) Subsequent amendments made to the:
(a) Prescriber-pharmacist agreement; or
(b) Protocols specified in the prescriber-pharmacist agreement;
and
(3) Changes to participants of the:
(a) Prescriber-pharmacist agreement; or
(b) Protocols specified in the prescriber-pharmacist agreement.]
[E.] D. The Boards that regulate the
authorized prescriber shall notify the authorized prescriber of any additional
information needed within 30 days of [the] receipt of the
submitted information.
E. A pharmacist who has entered into a
prescriber-pharmacist agreement that authorizes the pharmacist to treat an
opioid use disorder using controlled dangerous substances drug therapy shall:
(1) Meet the requirements of §A of this regulation;
(2) Individually register with the federal Drug Enforcement
Administration for controlled substances used in the treatment of opioid use
disorder;
(3) Individually register with the Office of Controlled
Substances Administration within the Maryland Department of Health for
controlled dangerous substances used in the treatment of opioid use disorder;
(4) Complete any applicable training required by federal or
State law governing the prescribing and dispensing of opioid use disorder
medications; and
(5) Follow a protocol that meets the requirements of Regulation
.02 of this chapter.
F.—H. (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of
Health
Subtitle 39 BOARD OF NURSING
— CERTIFICATE HOLDERS
Notice of Proposed Action
[26-191-P]
The Secretary of Health proposes to:
(1) Amend Regulations .02, .05, .06, .07, and .10
under COMAR 10.39.01 Certified Nursing Assistants; and
(2) Amend Regulation .09 under COMAR 10.39.02 Nursing
Assistant Training Programs.
This action was considered by the public at a public meeting held
on August 26, 2026, notice of which was given by publication on the Board’s
website at: https://health.maryland.gov/mbon/Pages/meet ings-index.aspx,
pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to
clarify language and expand certification and renewal standards to
Certified Nursing Assistants under the Maryland Board of Nursing’s jurisdiction
based on recommendations from the Board.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534, Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through November 30,
2026. A public hearing has not been scheduled.
10.39.01 Certified Nursing
Assistants
Authority: Health Occupations
Article, §8-205, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(9) (text unchanged)
(10) “Good standing” means active and without an
encumbrance that limits or restricts practice, such as revocation, suspension,
or probation.
(12)—(16) (text unchanged)
.05
Qualifications for Certification.
A. (text unchanged)
B. Certification by Endorsement. An applicant for nursing
assistant certification by endorsement shall:
(1) Hold a certificate to practice as a nursing assistant that:
(a) (text unchanged)
(b) Is in good standing; [and]
(2) Have successfully completed a nursing assistant training
program that meets the standards for an approved nursing assistant training
program set by the Board[.]; and
(3) Have practiced as a nursing assistant for at least 16 hours
within the 2 years preceding the time of application.
C.—F. (text unchanged)
.06
Application for Certification.
A. Initial Certification.
(1)—(2) (text unchanged)
(3) A program coordinator or faculty of a nursing assistant or
acute care nursing assistant training program:
(a) (text unchanged)
(b) Shall submit written verification, as required by the Board,
of program completion to the Board [after] no later than
5 business days [of] after the applicant’s program
completion.
(4) An applicant shall submit an application for initial
certification [after] no later than 24 months [of]
after the date of completion of an approved nursing assistant training
program, an approved acute nursing assistant training program, or portion of
an approved nursing education program.
(5) (text unchanged)
B.—E. (text unchanged)
.07
Nursing Assistant Competency Evaluation.
A. (text unchanged)
B. Except for service members, an individual shall sit for a
nursing assistant competency evaluation [after] no later than
24 months [of] after meeting the educational requirements
set forth in Regulation .05A(1) of this chapter.
C. An individual who fails to [sit for] take and
pass a nursing assistant competency evaluation [after] within
24 months of meeting the educational qualifications must re-take an approved
nursing assistant training program or approved acute care nursing assistant
training program in order to be eligible to sit for a nursing assistant
competency evaluation.
D. (text unchanged)
.10
Expiration and Renewal.
A.—B. (text unchanged)
C. Renewal Requirements.
(1) (text unchanged)
(2) If the individual applying for renewal does not have 16 hours
of active employment as a nursing assistant within the 2-year period
immediately preceding the date of expiration the individual shall:
(a) (text unchanged)
(b) If a CNA-II, complete a CNA-I nursing assistant
training program.[.]
D.—E. (text unchanged)
10.39.02 Nursing Assistant
Training Programs
Authority: Health Occupations
Article, §8-205, Annotated Code of Maryland
.09
Withdrawal of Approval.
A. Notice of Deficiencies.
(1)—(2) (text unchanged)
(3) Site Visit. The Board may conduct an announced or
unannounced site visit to an approved program to determine whether
deficiencies were corrected in accordance with a plan of correction.
B. Written Plan of Correction.
(1) A training program shall submit a written plan of correction [after]
no later than 30 calendar days [of] after the date
of the notice of deficiencies unless granted an extension by the Board for
good cause.
(2)—(3) (text unchanged)
C.—F. (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of
Health
Subtitle 44 BOARD OF DENTAL
EXAMINERS
10.44.01 Dental
Assistants
Authority: Health Occupations Article, §§4-205(a)(1)(iii), 4-301.1,
4-302.1, 4-304.1, 4-305.1, and 4-311.1, Annotated Code of Maryland
Notice of Proposed Action
[26-192-P]
The Secretary of Health proposes to amend Regulations .05—.08,
.12, .16, .18, .20, .22, and .24 under COMAR 10.44.01 Dental
Assistants. This action was considered by the Board of Dental Examiners at
a public meeting held on September 2, 2026, notice of which was given under the
Notice of Public Meetings link on the Board’s website pursuant to General
Provisions Article, §3-302(c). Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to add language to the existing
regulations to align with Chapters 23 and 24, Acts of 2025, and to make
language clarifications.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534, Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected]. Comments will be accepted through November 30,
2026. A public hearing has not been scheduled.
.05
Qualifications for General Duties Expanded Function Dental Assistants.
A. To qualify for a Board certification to be a general duties
EFDA, an applicant shall:
(1)—(4) (text unchanged)
(5) Have successfully completed a Board-approved course of at
least 60 hours related to Maryland general duties EFDA which shall include at
least:
(a) [15] Fifteen hours of in-person
hands-on clinical training [apart from] in addition to
the in-person hands-on clinical training required by Regulation [.18A(2)]
.18A(1) of this chapter[.];
(b) Five hours of in-person instruction in addition to the
in-person hands-on clinical training required by §A(5)(a) of this regulation;
and
(c) Thirty-four hours of didactic instruction which may be
in-person or online;
(6)—(8) (text unchanged)
B. (text unchanged)
.06 Application for Board Certification—General Duties Expanded Function
Dental Assistants.
A.—B. (text unchanged
C. The letter referenced in §B of this regulation shall:
(1) (text unchanged)
(2) Identify the course and the Board’s course identification
code and number;
[(2)] (3) Contain a [raised embossed]
school seal or institution seal; and
[(3)] (4) (text unchanged)
D. (text unchanged)
.07 Qualifications for Orthodontic Expanded
Function Dental Assistants.
A. To qualify for a Board certification to be an orthodontic EFDA,
an applicant shall:
(1)—(4) (text unchanged)
(5) Have successfully completed a Board-approved course of at
least 35 hours related to Maryland orthodontic EFDA, [of which at least
10 hours shall include in-person hands-on clinical training] which
shall include at least:
(a) Ten hours of in-person hands-on clinical training;
(b) Five hours of in-person instruction in addition to the
in-person hands-on clinical training required by §A(5)(a) of this regulation;
and
(c) Twenty hours of didactic instruction which may be in-person
or online.
(6)—(8) (text unchanged)
B. (text unchanged)
.08 Application for Board Certification for
Orthodontic Expanded Function Dental Assistants.
A.—B. (text unchanged)
C. The letter referenced in §B of this regulation shall:
(1) (text unchanged)
(2) Identify the course and the Board’s course identification
code and number;
[(2)] (3) Contain a [raised embossed]
school seal or institution seal; and
[(3)] (4) (text unchanged)
D. (text unchanged)
.12 Renewal and Reinstatement of Expired
Certificates.
A. (text unchanged)
B. Reinstatement of Expired Certificates.
(1) An individual holding an expired orthodontic EFDA certificate
or an individual holding an expired general duties EFDA certificate may apply
for reinstatement if the individual:
(a)—(c) (text unchanged)
(d) Provides proof of completion of 15 hours of dental assisting
continuing education from Board-approved courses of which 3 hours shall be in
infection control [as provided in] in accordance with
Regulation .16 of this chapter; and
(e) (text unchanged)
(2) (text unchanged)
C. (text unchanged)
.16 Continuing Education.
A. (text unchanged)
B. The 15 hours of Board-approved continuing education
described in §A(1) of this regulation shall include at least 5 hours of
in-person hands-on clinical training.
C. An orthodontic EFDA or a general duties EFDA may complete
more than one Board-approved continuing education course to satisfy the
continuing education requirements.
D. Only continuing education courses offered by the following
organizations satisfy the continuing education requirements of this
chapter:
(1) A U.S. Department of Labor Job Corps dental assisting
program;
(2) A dental assisting program located within an institution of
postsecondary education that is accredited by an accrediting institution
recognized by the U.S. Department of Education;
(3) A dental assisting program that is located within a high
school and is recognized by an accrediting body recognized by the U.S.
Department of Education or the high school accrediting body of a state;
(4) A dental assisting program that is accredited by the
Council on Dental Accreditation, or a successor organization;
(5) A dental assisting course or program offered by the Dale
Foundation, an affiliate of the Dental Assisting National Board, or any
successor entity;
(6) An orthodontic dental assisting course or program offered
by the Trapezio Orthodontic Assistant Training Solutions, or any successor
entity; or
(7) State-based dental professional societies affiliated with
national dental organizations.
[B.] E. (text unchanged)
[C.] F. [Certificate holders shall
have a 2-year period to complete the required continuing education in the
2-year period preceding the expiration date of the immediately preceding
certificate.] The period for completing continuing education
requirements extends for a 2-year period from October 1 through September 30
of the second year following the effective date of the certificate.
.18 Requirements for Board-Approved Courses.
A. General Duties EFDA. The course identified in Regulation
.05A(5) of this chapter shall include at a minimum, [the following:
(1)] 6 hours of instruction on nitrous oxide monitoring which
shall include[:]:
[(2)] (1) [2] Two hours
of in-person hands-on clinical training, including the direct observation of
the performance of procedures; and
[(3)] (2) [4] Four hours
of didactic in-person classroom training, including at least the
following subjects:
(a)—(m) (text unchanged)
B. (text unchanged)
C. The course identified in Regulation .05A(5) of this chapter
shall be part of:
(1)—(2) (text unchanged)
(3) A dental assisting program that is located within a high
school and is recognized by an accrediting body recognized by the U.S.
Department of Education or the high school accrediting body of a state[,
or];
(4) A dental assisting program that is accredited by the Council
on Dental Accreditation, or a successor organization[.];
(5) A dental assisting course or program offered by the Dale
Foundation, an affiliate of the Dental Assisting National Board, or any
successor entity; or
(6) An orthodontic dental assisting course or program offered
by the Trapezio Orthodontic Assistant Training Solutions, or any successor
entity.
D. (text unchanged)
E. The course identified in Regulation .07A(5) of this chapter
shall be part of:
(1)—(2) (text unchanged)
(3) A dental assisting program that is located within a high
school and is recognized by an accrediting body recognized by the U.S.
Department of Education or the high school accrediting body of a state; [or];
(4) A dental assisting program that is accredited by the Council
on Dental Accreditation, or a successor organization[.];
(5) A dental assisting course or program offered by the Dale
Foundation, an affiliate of the Dental Assisting National Board, or any
successor organization; or
(6) An orthodontic dental assisting course or program offered
by the Trapezio Orthodontic Assistant Training Solutions, or any successor
entity.
.20 Assessment of Board-Approved Courses.
A. [At least once every calendar year,] Every
August, each Board-approved orthodontic EFDA course and each
Board-approved general duties EFDA course shall be assessed by a dentist
licensed in the State other than the dentist who is the instructor or
sponsor.
B.—D. (text unchanged)
.22 Procedures Permitted to be Performed by
General Duties EFDAs.
A. (text unchanged)
B. The intraoral procedures that a general duties EFDA may
perform set forth in §A of this regulation shall be performed under the direct
supervision of a dentist licensed in the State.
[B.] C. (text unchanged)
.24 Procedures Permitted to be Performed by
Orthodontic EFDAs.
A. (text unchanged)
B. The intraoral procedures that an orthodontic EFDA may
perform set forth in §A of this regulation shall be performed under the direct
supervision of a dentist licensed in the State.
[B.] C. (text unchanged)
meena seshamani, md, phd
Secretary of
Health
Subtitle 61 HEALTH ENTERPRISE ZONE INITIATIVE
10.61.01 Health Enterprise
Zone Tax Credits
Authority: Health-General Article, §2–104, Annotated Code of
Maryland
Notice of Proposed Action
[26-188-P]
The Secretary of Health proposes to repeal existing Regulations
.01—.06 under COMAR 10.61.01 Health Enterprise Zone Tax Credits.
Statement of Purpose
The purpose of this action is to
repeal existing regulations for the Health Enterprise Zone Program which
sunset on June 30, 2017. The tax credit is no longer available to employers who
provide health care services in health enterprise zones.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534, Baltimore, Maryland 21201, or call 410-767-0938, or
email to [email protected] . Comments will be accepted through November 30,
2026. A public hearing has not been scheduled.
MEENA SESHAMANI, MD, PHD
Secretary of
Health
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 11 MOTOR
VEHICLE ADMINISTRATION — ADMINISTRATIVE PROCEDURES
11.11.05 Motor Vehicle Fees
Authority: Transportation Article, §12-104(b), Annotated Code of
Maryland, and as cited in Regulations .02—.06 of this chapter
Notice of Proposed Action
[26-185-P]
The Administrator of the Motor Vehicle Administration proposes to
amend Regulation .04 under COMAR 11.11.05 Motor Vehicle Fees.
Statement of Purpose
The purpose of this action is to reduce the fee for the issuance of
a nonresident permit for a member of the uniformed services and is serving on
active duty in this State or an adjoining state or the District of Columbia.
Estimate of Economic Impact
I. Summary of Economic Impact. The MVA does not have a
reliable way to know how many non-resident permits are issued to members of the
military. For illustrative purposes, if 50 percent of non-resident permits are
issued to active duty military, the economic impact to the MVA is based on the
proposed regulation is estimated to be an annual revenue decrease of $19,359.
There is currently a nonresident permit that the MVA can issue, pursuant to
Transportation Article, §13-402.1, Annotated Code of Maryland, which includes
Military, that allows a nonresident owner of a vehicle to operate the vehicle
on a highway in the State for the duration of 1 year. The number of nonresident
permits for any statutory reason (military, students, employment, visitation)
that were sold by fiscal year 24 to 26 is as follows:
FY24: 532
FY25: 451
FY26: 451
The MVA does not have the data on how many non-resident permits
that have been issued to active duty members of the military. For illustrative
purposes, if 50 percent of the non-resident permits have been issued to a
member of the uniformed services and is serving on active duty in this State or
an adjoining state or the District of Columbia, the fiscal effect would be
below.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Motor Vehicle Administration
|
(R-)
|
$19,359
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Military applicants
|
(+)
|
$19,359
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. For illustrative purposes, under the proposed regulation, the
projected decrease in revenue to the MVA is based on the $19,359 decrease in
the fee for a nonresident permit fee for Military ($0 fee as opposed to a $27
fee). The estimated number of Military applicants purchasing the nonresident
permit fee in FY24 through FY26: (1,434 / 2= 717 x $27) = $19,359 for FY28
F. The MVA does not have the data on how many non-resident permits
that have been issued to active duty members of the military.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
This action has no economic impact on small businesses because they
merely reduce the fee for the issuance of a nonresident permit for a member of
the uniformed services and is serving on active duty in this State or an
adjoining state or the District of Columbia
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Tracey C. Sheffield, Regulations
Coordinator , MVA, 6601 Ritchie Highway, NE, Room 200, Glen Burnie, MD 21062,
or call 4107687545, or email to [email protected]. Comments will be
accepted through November 30, 2026. A public hearing has not been scheduled.
.04 Vehicle Registration Fees.
|
Service
|
Section
|
Fee
|
|
A.—H. (text unchanged)
|
|
|
|
I. Temporary Registrations.
|
|
|
|
(1)—(3) (text unchanged)
|
|
|
|
(4)
Nonresident permit for vehicles not subject to registration when the
nonresident is a member of the uniformed services and is serving on active
duty in this State or an adjoining state, or the District of Columbia
|
13-402.1
|
0
|
|
[(4)] (5) (text unchanged)
|
|
|
|
J.—M. (text unchanged)
|
|
|
CHRISTINE NIZER
Administrator
Title 13A
STATE BOARD OF EDUCATION
Subtitle 05 SPECIAL
INSTRUCTIONAL PROGRAMS
13A.05.15 Expenditure of Community Schools Program
Funds
Authority: Education Article, §§2-205 and 5-223, Annotated Code
of Maryland, Annotated Code of Maryland
Notice of Proposed Action
[26-179-P]
The State Board of Education proposes to adopt new Regulations .01—.09
under a new chapter, COMAR 13A.05.15 Expenditure of Community Schools
Program Funds. This action was
considered by the State Board of Education at its August 25, 2026 meeting.
Statement of Purpose
The purpose of this action is to govern the conditions under which
a county board of education with Community Schools and an eligible Community
School may expend Program Funds under the Concentration of Poverty School Grant
Program established by Education Article, §5-223(g), Annotated Code of
Maryland.
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 an impact on individuals with disabilities
as follows:
Students with disabilities will benefit from instruction and
services provided to students and families by the Community Schools.
Opportunity for Public Comment
Comments may be sent to Mary L. Gable, Assistant State
Superintendent, Division of Student Support and Federal Programs, Maryland
State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201,
or call 410-767-0472, or email to [email protected]. Comments will be
accepted through November 30, 2026. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on January 26, 2027 at 9:00 am,
at 200 West Baltimore Street, Baltimore, MD 21201.
.01 Scope.
This chapter governs the conditions under which a county board
of education with Community Schools and an eligible school may expend Program
Funds under the Concentration of Poverty School Grant Program established by
Education Article, §5-223(g), Annotated Code of Maryland.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Academic Improvement Strategy” means a program, service,
staffing investment, or intervention funded with Program Funds that is designed
to improve student outcomes in academic content areas, including literacy and
mathematics.
(2) “Administrative cost” means an expenditure incurred by a
county board in managing or coordinating Community Schools Program funds on
behalf of eligible schools, as further defined in Regulation .04 of this
chapter.
(3) “Centralized expenditure authority” means the authority of a
county board to expend Program Funds at the county level on behalf of eligible
schools pursuant to Education Article, §5-223(g), Annotated Code of Maryland.
(4) “Community partner” means an individual, organization, or
public entity that is not employed by or under contract with the county board
and that collaborates with the local school system to support the delivery of
academic improvement strategies, wraparound services, or other community school
activities, such as a local parks and recreation department, a food bank, or a
community-based health organization.
(5) “Community schools program” means the personnel and
per-pupil grant program established under Education Article, §5-223, Annotated
Code of Maryland, for eligible schools.
(6) “Comprehensive Literacy Plan” means the comprehensive
literacy plan developed by or for a local school system under the Blueprint for
Maryland’s Future.
(7) “Comprehensive math plan” means the comprehensive
mathematics plan developed by or for a local school system under the Blueprint
for Maryland’s Future.
(8) “Countywide Implementation Plan” means the plan developed
and submitted by a county board prior to exercising centralized expenditure
authority under this chapter which:
(a) Describes how the county board will coordinate and support
high-quality implementation of the community school strategy across all
eligible schools within the local school system, including how that strategy
advances student academic achievement and removes barriers to learning; and
(b) Details the infrastructure, staffing, service coordination,
and strategic investments the county board will make on behalf of eligible
schools.
(9) “Eligible school” means:
(a) Beginning in fiscal year 2027, a public school, including a
public charter school, with a concentration of poverty level of at least 55
percent; or
(b) An alternative option program in the local school system, if
the students in the program are not included in the count of eligible students
for another program or school to determine eligibility for the concentration of
poverty grant.
(10) “Growth” means measurable progress on an academic indicator
relative to the baseline established for that indicator.
(11) “Needs assessment” means the school-level assessment
completed:
(a) To identify the academic needs, including but not limited to
literacy and mathematics, the physical, behavioral, mental, social, and
emotional health needs, and the wraparound service needs of students, their
families, and their communities, as well as existing resources, strengths, and
assets;
(b) By a community school coordinator in collaboration with the
principal, a school health care practitioner, a parent-teacher organization or
school council, and members of the community school’s leadership teams; and
(c) Using the common needs assessment tool developed and
published online by the Director of Community Schools pursuant to Education
Article, §9.9-104, Annotated Code of Maryland.
(12) “Outside service provider” means a third-party individual,
organization, or entity not employed directly by the county board that is
contracted to deliver services to students or families of eligible schools.
(13) “Program Funds” means Community Schools Program personnel
and per-pupil grant funds distributed to eligible schools under Education
Article, §5-223(e), Annotated Code of Maryland.
(14) “School-level implementation plan” means the plan developed
by an eligible school under Regulation .05 of this chapter governing the
per-pupil grant funds the school expends directly, including funds retained at
the school when the county board exercises centralized expenditure authority.
(15) “Stakeholders” means:
(a) Administrators;
(b) School-based staff;
(c) Families; and
(d) Community partners.
.03 Eligibility to Exercise Centralized Expenditure Authority.
A. A county board may exercise centralized expenditure authority
under this chapter if the local school system meets one of the following
thresholds:
(1) The local school system has at least 10 eligible schools; or
(2) At least 35 percent of the schools within the local school
system are eligible schools.
B. A county board shall determine its eligibility under §A of
this regulation at the beginning of each fiscal year, based on the most recent
eligible school designations published by the Department.
C. A county board that meets either threshold in §A of this
regulation is not required to exercise centralized expenditure authority.
D. A county board that does not meet either threshold in §A of
this regulation may not exercise centralized expenditure authority and shall
distribute 100 percent of the Program Funds designated for its eligible schools
directly to each eligible school in accordance with Education Article,
§5-223(e), Annotated Code of Maryland. The county board may not retain or
expend centrally any portion of the Program Funds designated for its eligible
schools. Each eligible school shall expend those funds in accordance with its
School-Level Implementation Plan under Regulation .05 of this chapter.
.04 Countywide Implementation Plan.
A. Before exercising centralized expenditure authority in a
fiscal year, the county board shall develop and submit to the Department a
Countywide Implementation Plan.
B. Required Plan Elements. A Countywide Implementation Plan
shall include all of the following.
(1) Community Schools Infrastructure Support. A description of
all personnel supporting implementation of the community school strategy who
are funded or coordinated through centralized expenditure under this chapter,
which may include school-based or central office-based staff from academic
content offices whose work advances the community school strategy, and
including:
(a) The job title, salary and wages, and a description of
responsibilities for each position funded through Program Funds; and
(b) A description of how the county board engages stakeholders
in the development of the Countywide Implementation Plan to ensure inclusive
and informed decision-making, and how non-Program-funded roles contribute to
coordination, oversight, and sustainability of the community school strategy.
(2) Shared Services and Partnership Plan. A description of
services coordinated by the county board through contracts or partnerships with
outside service providers, including:
(a) For each contracted or partnership arrangement: the provider
or partner name, the services offered, the number of eligible schools served,
and the amount of Program Funds allocated to the arrangement for the fiscal
year;
(b) The total amount of Program Funds proposed to be allocated
to shared services and partnerships, and a demonstration that total centralized
expenditures under the plan comply with the expenditure limit in §E of this
regulation and the academic allocation requirement in §F of this regulation;
and
(c) A narrative explaining how Program Funds expended at the
central level support the overall goals of the community school strategy across
all eligible schools, including examples of centrally funded services and how
they are aligned with school-level implementation needs.
(3) Synthesis of School-Level Plans. An explanation of how the
county board reviewed and synthesized the individual School-Level
Implementation Plans and Needs Assessments of its eligible schools, including
the identified academic needs of eligible schools, and a description of how
those findings influenced countywide strategies and investments, including how
countywide goals align with the school-level goals established under Regulation
.05 of this chapter.
(4) Countywide Goals.
(a) The three measurable goals that align with eligible school
priorities, address identified academic needs, and drive system-wide
improvement. At least one goal shall address student academic achievement in
literacy and at least one goal shall address student academic achievement in
mathematics. Each goal shall be designed to demonstrate a measurable impact on
academic outcomes, including increased growth on academic indicators. For each
goal, the plan shall include:
(i) A rationale for the goal’s selection, drawn from data
collected from eligible schools or other school system sources, including data
on academic outcomes;
(ii) The strategies the county board will implement to make
measurable progress toward achieving the goal; and
(iii) The academic indicators the county board will use to
measure the goal’s impact on academic outcomes, and an annual baseline
measurement established for each academic indicator at the time the goal is set
in accordance with Regulation .08B of this chapter.
(b) The county board shall review progress toward countywide
goals and targets at least annually and shall report the results of the annual
review to the Department in a form and manner prescribed by the Department.
(5) Investments and Intended Outcomes.
(a) For each investment of Program Funds made under the plan,
including personnel, shared services, partnerships, and Academic Improvement
Strategies:
(i) A description of the investment;
(ii) The explicit intended outcome or outcomes of the
investment, stated in measurable terms; and
(iii) How the county board will determine whether each intended
outcome has been achieved.
(b) The county board shall review annually whether each intended
outcome has been achieved and shall include the results of that review in the
annual review reported to the Department under §B(4)(c) of this regulation.
C. Submission. The Countywide Implementation Plan shall be
incorporated in the county board’s consolidated Every Student Succeeds Act
(ESSA) plan as prescribed by the Department.
D. Disclosure. A county board that expends Program Funds
centrally under this chapter shall provide each eligible school with a copy of
the completed Countywide Implementation Plan, which shall include:
(1) An itemized list of services provided for students and their
families that meet the needs identified in the Needs Assessments of the
eligible schools;
(2) The amount of funding spent on each service; and
(3) The amount of funding spent on central administrative
support for the services provided to the schools.
E. Permissible Centralized Expenditures. The total amount of
Program Funds expended centrally by a county board under this chapter in a
fiscal year, including expenditures for shared services, partnerships, and
administrative costs, may not exceed 50 percent of the Program Funds
distributed to the county board for that fiscal year.
F. Academic Allocation.
(1) Of the total amount of Program Funds expended centrally by a
county board under this chapter in a fiscal year under §A of this regulation,
the county board shall allocate at least 40 percent to Academic Improvement
Strategies directly connected to the literacy and mathematics goals, that are
in alignment with the local school system's Comprehensive Literacy Plan and
Comprehensive Mathematics Plan, and addressing the academic needs identified in
the Needs Assessments of eligible schools.
(2) The allocation required under §F(1) of this regulation shall
fund one or more of the following wraparound services that support measurable
academic outcomes:
(a) Evidence-based in-school and in-person tutoring and other
evidence-based academic interventions to improve student outcomes focused on
individual and small-group instruction provided during the school day;
(b) Extended learning time, including before and after school,
weekends, summer school, and an extended school year;
(c) Student enrichment experiences, including educational field
trips, partnerships, and programs with museums, arts organizations, and
cultural institutions;
(d) Services and supports to improve student attendance; and
(e) Professional development for teachers and school staff to
quickly identify students in need of academic interventions and supports,
aligned with the goals in the local school system’s Comprehensive Literacy Plan
and Comprehensive Mathematics Plan.
G. A county board may expend Program Funds centrally only for
expenditures that directly benefit an eligible school, including the following:
(1) Providing central support to effectively manage Program
Funds, including staffing, systems, or infrastructure necessary to administer
the Program on behalf of eligible schools;
(2) Entering into contracts with outside service providers that
support at least two eligible schools, provided the contracted services address
needs identified in the participating schools’ Needs Assessments;
(3) Coordinating spending on behalf of eligible schools; and
(4) Other administrative costs expressly approved by the
Department through written guidance issued pursuant to this chapter.
H. Costs that do not directly benefit an eligible school are not
permissible centralized expenditures, including general county board overhead,
costs unrelated to the Program, and expenditures that supplant existing local
funding obligations.
I. Department Review. The Department shall review the submitted
plan for compliance with this chapter and Education Article, §5-223(g),
Annotated Code of Maryland.
(1) The Department’s review of the Countywide Implementation
Plan will evaluate whether the plan is data-driven and structurally sound based
on established regulations in this chapter.
(2) The review must verify financial limits, specifically the 50
percent central spending cap and 40 percent academic allocation.
(3) The review will consist of ensuring all personnel,
partnership, and strategic goals are justified, measurable, and directly
aligned with the needs of the Community schools.
(4) The Department will provide feedback within 45 days of
receipt of the plan, and the school system will have 30 days to respond to
recommendations.
.05 School-Level Implementation Plan.
A. Applicability. Each eligible school shall develop a
School-Level Implementation Plan governing the per-pupil grant funds the school
expends directly, including those retained at the school when the county board
exercises centralized expenditure authority under this chapter.
B. Required Plan Elements. A School-Level Implementation Plan
shall include all of the following:
(1) School-Level Goals.
(a) Of the three community school goals, at least one goal shall
address student academic achievement in literacy, and at least one goal shall
address student academic achievement in mathematics. Each goal shall be
designed to demonstrate a measurable impact on academic outcomes, including
increased growth on academic indicators. These measurable goals shall address
academic needs identified in the school’s Needs Assessment and drive
improvement in student outcomes. For each goal, the plan shall include:
(i) A rationale for the goal’s selection, drawn from the
Literacy Plan, the Mathematics Plan, and the school’s Needs Assessment or other
school data, including data on academic outcomes;
(ii) The strategies the school will implement to make measurable
progress toward achieving the goal; and
(iii) The academic indicators the school will use to measure the
goal’s impact on academic outcomes.
(b) The school shall review progress toward its goals at least
annually and shall report the results of the annual review to the county board
in a form and manner prescribed by the Department.
(2) Investments and Intended Outcomes. For each investment of
per-pupil grant funds the school expends directly, including Academic
Improvement Strategies:
(a) A description of the investment;
(b) The explicit intended
outcome or outcomes of the investment, stated in measurable terms; and
(c) How the school will determine whether each intended outcome
has been achieved. The school shall review annually whether each intended
outcome has been achieved and shall include the results of that review in the
annual review reported under §B(1)(c) of this regulation.
C. School-Level Academic Allocation. Of the per-pupil grant
funds an eligible school expends directly in a fiscal year, at least 40 percent
shall be allocated to Academic Improvement Strategies directly connected to the
literacy and mathematics goals, that are in alignment with the local school
system's Comprehensive Literacy Plan and Comprehensive Mathematics Plan, and
addressing the academic needs identified in the Needs Assessments of eligible
schools. Where an eligible school uses Academic Improvement Strategy funds for
professional development for teachers and school staff, that professional
development shall be aligned with the goals in the local school system’s
Comprehensive Literacy Plan and Comprehensive Mathematics Plan.
D. Compliance Demonstration. The School-Level Implementation
Plan shall demonstrate that the school’s direct expenditure of per-pupil grant
funds complies with the academic allocation requirement in §C of this
regulation.
E. Submission. Each eligible school shall submit its
School-Level Implementation Plan to the county board in a form and manner
prescribed by the Department. A county board that exercises centralized
expenditure authority shall incorporate the School-Level Implementation Plans
of its eligible schools into, or reference them within, the Countywide
Implementation Plan under Regulation .04 of this chapter.
.06 Public Charter School Participation.
A. The centralized expenditure provisions of this chapter do not
apply to a public charter school that is an eligible school unless the public
charter school affirmatively chooses to participate in the county board’s
Countywide Implementation Plan.
B. A public charter school’s decision to participate or not
participate shall be made in writing and submitted to the county board no later
than 30 days before the plan submission deadline under Regulation .04C of this
chapter.
C. A public charter school that does not participate in the plan
shall receive 100 percent of the Program Funds designated for it and shall
expend those funds directly in accordance with Education Article, §5-223(e),
Annotated Code of Maryland and its School-Level Implementation Plan under
Regulation .05 of this chapter.
.07 Department Authority and Oversight.
If the Department determines that a county board or an eligible
school has expended Program Funds in violation of this chapter, the Department
may require revisions to the Countywide Implementation Plan or the School-Level
Implementation Plan, repayment of improperly expended funds, or both.
.08 Corrective Action for Insufficient Academic Growth.
A. Applicability. This regulation applies to a local school
system that has established Countywide Goals under Regulation .04B(4) of this
chapter and has reported at least two consecutive annual reviews under
Regulation .04B(4)(c) of this chapter.
B. Baseline. For each academic indicator identified under
Regulation .04B(4)(c) of this chapter, the local school system shall establish
a baseline measurement at the time the applicable Countywide Goal is
established.
C. Determination. If the Department determines, based on two
consecutive annual reviews reported under Regulation .04B(4)(c) of this
chapter, that a local school system has not demonstrated growth relative to the
baseline on the academic indicators identified for its Countywide Goals, the
Department shall notify the county board in writing of the determination.
D. Corrective Action Plan. Within 60 days of receiving notice
under §C of this regulation, the county board shall submit a corrective action
plan to the Department that:
(1) Identifies the reasons the Countywide Goals were not
achieved;
(2) Revises the strategies,
investments, or Academic Improvement Strategies used to pursue the Countywide
Goals;
(3) Establishes a revised timeline for demonstrating growth
relative to the baseline on the applicable academic indicators; and
(4) Describes how the county board will monitor and report
progress under the corrective action plan.
E. Department Review and Approval. The Department shall review
the corrective action plan and shall notify the county board of approval or of
any required revisions within 45 days of receipt.
F. Continued Monitoring. A county board operating under an
approved corrective action plan shall report progress to the Department at
least annually until the Department determines that the local school system has
demonstrated growth relative to the baseline on the applicable academic
indicators.
.09 Implementation of the Regulation.
A. Procedures within this regulation for the County-wide
Implementation Plan are to begin with the 2027—2028 school year.
B. The 2-year annual review will be conducted based on the
Maryland System of Testing Academic Readiness (MSTAR) results from the
2027—2028 and 2028—2029 school years and other measures identified in the
County-wide Implementation Plan.
C. Results will be measured annually with regular updates to the
County-wide Implementation Plan as determined by the local school system and
the Department.
CAREY M. WRIGHT, ED.D.
State Superintendent of Schools
Title 26
DEPARTMENT OF THE ENVIRONMENT
Notice of Proposed Action
[26-124-P]
The Department of the Environment proposes to:
(1) Amend Regulations .01,
.01-1, .06-2, .07, .07-1, .19, .20, .20-2, .21, and .37 and repeal
existing Regulation .20-1 under COMAR 26.04.01 Quality of Drinking
Water in Maryland; and
(2) Amend Regulation .02
under COMAR 26.08.05 Certification of State Water Quality Laboratories.
Statement of Purpose
The purpose of this action is to include four new federal rules or
amendments that Maryland, and every state, must adopt for primacy.
(1) Receive federal primacy for the Lead and Copper Rule Revisions
(LCRR), the Lead and Copper Rule Improvements (LCRI) and Consumer Confidence
Report (CCR) Rule Revisions;
(2) Receive federal primacy for the control of per- and
polyfluoroalkyl substances (PFAS) in drinking water; and
(3) Improve consistency with Code of Federal Regulations and State
statute.
Under the Safe Drinking Water Act’s existing Lead and Copper Rule
(LCR), community water systems and non-transient non-community water systems
are required to collect water samples for lead, copper and corrosivity, provide
lead public education and notification, treat source water, replace water
system-owned lead service lines, and control corrosivity. In January 2021 and
October 2024, the EPA revised federal regulations, known as the Lead and Copper
Rule Revisions (LCRR) and Lead and Copper Rule Improvements (LCRI),
respectively, to further minimize lead Action levels at the tap, require water
systems to conduct an inventory of their service lines, identify and replace
service lines containing lead, and to monitor for lead in drinking water at
schools and child care facilities. These proposed revisions to COMAR will
ensure that Maryland’s LCR regulations are the same as EPA’s.
Under the Safe Drinking Water Act, community water systems are
currently required to publish an annual report on water quality, known as the
Consumer Confidence Report, or CCR. In May 2024, EPA revised federal
regulations for CCRs to improve the readability, clarity, understandability,
accuracy, and risk communication. These proposed revisions to COMAR will ensure
that Maryland’s CCR regulations are the same as EPA’s.
This regulation also establishes state drinking water standards for
PFAS for community and non-transient non-community water systems, which are
identical to federal regulations. Consistent with State law, MDE proposes to
adopt regulations based on the 2024 federal rule to ensure the State has
primary enforcement responsibility (primacy). If the federal PFAS drinking
water rule is amended, it is MDE’s
intent to adopt the updated rule consistent with State law.
This regulation also improves consistency with Code of Federal
Regulations, specifically for definitions, incorporation by reference, and
record maintenance.
Estimate of Economic Impact
I. Summary of Economic Impact. LEAD: All 462 Community Water
Systems and 545 Non-Transient Non-Community Water Systems in Maryland were
required to comply with the federal Lead and Copper Rule Revisions (LCRR)
beginning in October 2024, and will be required to comply with the federal Lead
and Copper Rule Improvements (LCRI) beginning in November 2027. The revised
rule contains several additional requirements, including more stringent water
sampling, public education, inventory of water distribution service lines,
which could require excavation, and potential replacement if lead materials are
discovered. Per-line replacement cost
estimates range from $3,500 to $6,500 and that the revisions to the LCR will
cost an average of $34,000 to $44,000 per year for each water system.
CCR: All 462 Community Water Systems in Maryland will be required
to comply with the revised Consumer Confidence Report Rule beginning in 2027.
There are several additional requirements in the revised rule; notably, water
systems must provide the following: translations for communities with a high
percentage of low-proficiency English speakers, summaries of key drinking water
quality facts at the top of the report, and semi-annual CCRs for the 30 water
systems with over 10,000 customers. EPA estimates that the revisions to the CCR
rule will cost an average of $300 per year for each Community Water System.
PFAS: Approximately 950 water systems in Maryland will need to
comply with this regulation, and of these, approximately 15 percent have PFAS
concentrations that exceed the standard. The capital cost of upgrading water
treatment plants to comply with this standard is approximately $150,000,000.
Funding for this work will mainly come from federal grants, administered by the
State. Water systems will also have ongoing treatment and monitoring costs that
will be transferred to ratepayers. The annual costs are estimated to be
$5,000,000, with $1,000,000 for sampling and analysis and $4,000,000 for
treatment. The proposed regulation will improve water quality for about 182,000
residents of Maryland.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of the Environment
|
(E+)
|
Lead:
significant, CCR: moderate, PFAS: moderate
|
|
B. On other State agencies:
|
|
|
|
State Agencies
|
(E+)
|
Lead:
minimal
|
|
C. On local governments:
|
|
|
|
Local governments that own public water
systems
|
(E+)
|
Lead:
significant, CCR: small, PFAS: moderate
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Privately owned water
systems
|
(-)
|
Lead:
moderate, CCR: small, PFAS: moderate
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Maryland residents
|
(+)
|
Lead:
moderate, CCR: moderate, PFAS: moderate
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. LEAD: Water Supply Program staff workload will substantially
increase to implement LCRR/LCRI, which includes additional data review and
tracking of inventories and replacement, annual educational materials, critical
public notices, and increased water quality sample results.
CCR: There will be initial moderate work needed to be done by the
Water Supply Program staff to implement the revised rule, which applies to
approximately 450 water systems. Additional tracking and review will be
required for systems that are required to deliver reports twice per year.
Additional review will be required for translation support, and new content
requirements (introductory summaries, enhanced health effects information for
lead and copper and other contaminants.
PFAS: There will be initial moderate work needed to be done by the
Water Supply Program staff to implement the rule, which applies to
approximately 950 water systems. Staff will review initial monitoring results
that must be completed by April 2027 to determine compliance with reporting
requirements. In April 2027, staff will establish routine monitoring schedules
for all 950 water systems based on initial monitoring results. In April 2029,
staff will begin enforcing compliance with the PFAS maximum contaminant levels
(MCLs).
B. Other state agencies, including MDH, may receive certain
information related to lead sample results from schools and child care
facilities.
C. LEAD: Local governments that
own public water systems will incur substantial recurring expenses related to
the revised rule, including costs associated with inventories, replacement,
sampling, and distribution of educational materials.
CCR: Local governments that own public water systems will incur
moderate recurring expenses related to the revised rule. PFAS: Local governments that own public water
systems will incur moderate recurring expenses related to operations and
monitoring. Approximately 375 water systems will be required to perform regular
PFAS monitoring starting in 2027, and approximately 50 water systems will need
to operate new PFAS treatment systems in 2029.
D. LEAD: Approximately 240 community water systems and 360
non-transient non-community water systems are privately owned; most are
considered to be “very small”, serving fewer than 500 persons. Their biggest costs will be replacing service
lines. The smallest water systems, such as schools and daycares, usually have a
single service line.
CCR: Approximately 230 community water systems are privately owned,
and most are “very small” (i.e., they serve fewer than 500 persons). Likely the
biggest challenge will be the requirement to provide translation support for
water systems that have a large number of low-proficiency English speakers.
PFAS: Privately owned water systems will incur moderate recurring
expenses related to operations and monitoring. Approximately 575 water systems
will be required to perform regular PFAS sampling starting in 2027, and 100
water systems will need to operate new PFAS treatment systems in 2029.
F. LEAD: The proposed regulation revisions will reduce exposure to
lead in drinking water to 5.5 million Marylanders.
CCR: The proposed regulation revisions will provide reports to 5.5
million Marylanders that are easier to understand and more accessible. The
reports will provide a greater level of transparency regarding drinking water
quality.
PFAS: The proposed regulations will improve water quality for about
182,000 residents of Maryland.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
LEAD: Most of the 600
privately owned community and non-transient non-community water systems would
be considered small businesses. The most challenging aspect of the rule
revisions would be the requirement to inventory and replace lead service
lines. However, funding is available to
approximately 230 community water systems that are considered small businesses
through the federal Drinking Water State Revolving Loan Fund to assist with the
costs associated with these activities.
CCR: Most of the 230
privately owned community water systems would be considered small businesses.
The most challenging aspect of the rule revisions would be the requirement to
provide translation support if a water system has a large number of non-English
speakers. However, the revised rule also requires the primacy agency (MDE) to
provide assistance to water systems, which will reduce the burden on these
small water systems. MDE currently provides pre-filled templates each year that
water systems can use. MDE anticipates that the templates will be revised in
order to include most of the additional content.
PFAS: The capital cost of
upgrading water treatment plants to comply with this regulation is
approximately $150M. Funding for this work will mainly come from federal
grants. Statewide operational costs for PFAS treatment, estimated at $4M
annually, will be paid by the approximately 150 water systems above the MCL.
Approximately 950 water systems will also need to perform regular sampling for
PFAS starting in 2027. We estimate that this will cost $1,000 annually per
system, or $1M annually, statewide.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Chris Watling, Chief, Safe Drinking Water
Act Implementation Division, MDE, 1800 Washington Blvd, Baltimore, MD 21230, or
call 410-537-3577, or email to [email protected]. Comments will be
accepted through November 30, 2026. A public hearing has not been scheduled.
Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, SOLID
WASTE, AND RECYCLABLE MATERIALS
26.04.01 Quality of Drinking
Water in Maryland
Authority: Environment Article, Title 9, Subtitles 2 and 4,
Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Action level” [means
the concentration of a contaminant which, if exceeded, triggers treatment or
other requirements which a water system must follow] has the meaning
stated in 40 CFR §141.2.
(2) “Aerator” has the meaning stated in 40 CFR §141.2.
[(2)] (3) “Approving Authority” means the
Secretary of the Environment or [his] the Secretary’s
designee.
[(3)] (4) “Best available technology”
or “[(]BAT[)]” means the best technology,
treatment techniques, or other means which the [approving authority] Approving
Authority finds available, after examination for efficacy under field
conditions and not solely under laboratory conditions, taking cost into
consideration.
[(4)] (5) (text unchanged)
(6) “Child care facility” has the meaning stated in 40 CFR
§141.2.
[(5)] (7) “Clean compliance history” [is,
for the purposes of subpart Y of 40 CFR §141, a record of no MCL violations
under §141.63; no monitoring violations under §141.21 or subpart Y; and no
coliform treatment technique trigger exceedances or treatment technique
violations under subpart Y] has the meaning stated in 40 CFR §141.2.
[(6)] (8) “Combined distribution system”
[means the interconnected distribution system consisting of the
distribution systems of wholesale systems and of the consecutive systems that
receive finished water] has the meaning stated in 40 CFR §141.2.
[(7)] (9) “Community water system” [means
a public water system which serves at least 15 service connections used by
year-round residents, or regularly serves at least 25 year-round residents] has
the meaning stated in Environment Article §9-401, Annotated Code of Maryland.
[(8)] (10) “Compliance cycle” [means
the 9-year calendar year cycle during which public water systems will monitor.
Each compliance cycle consists of three 3-year compliance periods. The first
calendar year cycle begins January 1, 1993 and ends December 31, 2001, the
second begins January 1, 2002 and ends December 31, 2010, the third begins
January 1, 2011 and ends December 31, 2019] has the meaning stated in
40 CFR §141.2.
[(9)] (11) “Compliance period” [means
a 3-year calendar period within a compliance cycle. Each compliance cycle has
three 3-year compliance periods. Within the first compliance cycle, the first
compliance period runs from January 1, 1993 to December 31, 1995, the second
from January 1, 1996 to December 31, 1998, the third compliance period from
January 1, 1999 to December 31, 2001. Within the second compliance cycle, the
first compliance period runs from January 1, 2002 to December 31, 2004, the
second from January 1, 2005 to December 31, 2007, the third compliance period
from January 1, 2008 to December 31, 2010] has the meaning stated in
40 CFR §141.2.
[(10)] (12) “Comprehensive performance
evaluation” or “[(]CPE[)]” [means
a thorough review and analysis of a treatment plant's performance-based
capabilities and associated administrative, operation, and maintenance
practices] has the meaning stated in 40 CFR §141.2.
(13) “Connector” has the meaning stated in 40 CFR §141.2.
[(11)] (14) “Consecutive system” [means
a public water system that receives some or all of its finished water from one
or more wholesale systems. Delivery may be through a direct connection or
through the distribution system of one or more consecutive systems]
has the meaning stated in 40 CFR §141.2.
[(12)] (15) (text unchanged)
[(13)] (16) “Contaminant”
[means any physical, chemical, biological, or radioactive substance in
drinking water] has the
meaning stated in 40 CFR §141.2.
[(14)] (17) (text unchanged)
[(15)] (18) “Conventional filtration
treatment” [means a series of processes including coagulation,
flocculation, sedimentation, and filtration resulting in substantial
particulate removal] has the
meaning stated in 40 CFR §141.2.
[(16)] (19) (text unchanged)
[(17)]
(20) [Direct Filtration.] “Direct filtration”
has the meaning stated in 40 CFR §141.2.
[(a) “Direct
filtration” means a series of processes resulting in substantial particulate
removal.
(b) “Direct filtration”
includes coagulation and filtration.
(c) “Direct filtration” does not include sedimentation.]
[(18)] (21) “Disinfectant” [means any
oxidant, including but not limited to chlorine, chlorine dioxide, chloramines,
and ozone, added to the water in any part of the treatment or distribution
process, that is intended to inactivate pathogenic microorganisms] has the meaning stated in 40 CFR §141.2.
[(19)] (22) “Disinfection profile” [means
a graphical representation of a water system's level of Giardia lamblia or
virus inactivation measured during the course of a year] has the meaning stated in 40 CFR §141.2.
(23) “Distribution System and Site Assessment” has the meaning
stated in 40 CFR §141.2.
[(20)] (24) “Dose-equivalent” [means
the product of the absorbed dose from ionizing radiation and such factors as
account for differences in biological effectiveness due to the type of
radiation and its distribution in the body as specified by the International
Commission on Radiological Units and Measurements (ICRU)] has the meaning stated in 40 CFR §141.2.
(25) “Elementary school” has the meaning stated in 40 CFR
§141.2.
[(21)] (26) “Enhanced coagulation” [means
the addition of sufficient coagulant for improved removal of disinfection
byproduct precursors by conventional filtration treatment] has the meaning stated in 40 CFR §141.2.
[(22)] (27) “Enhanced softening” [means
the improved removal of disinfection byproduct precursors by precipitative
softening] has the meaning
stated in 40 CFR §141.2.
(30) “First-liter sample” has the meaning stated in 40 CFR
§141.2.
[(23)] (29) “Filter profile” [means
a graphical representation of individual filter performance, based on
continuous turbidity measurements or total particle counts versus time for an
entire filter run, from startup to backwash inclusive, that includes an
assessment of filter performance while another filter is being backwashed] has the meaning stated in 40 CFR §141.2.
(30) “First-liter sample” has the meaning stated in 40 CFR
§141.2.
[(24)] (31)—[(25)] (32) (text
unchanged)
[(26)] (33) “GAC10” [means
granular activated carbon filter beds with an empty-bed contact time of 10
minutes based on average daily flow and a carbon reactivation frequency of
every 180 days, except that the reactivation frequency for GAC10 used as a best
available technology for compliance with Regulation .15-2 of this chapter shall
be 120 days] has the meaning
stated in 40 CFR §141.2.
[(27)](34) “GAC20” [means granular
activated carbon filter beds with an empty-bed contact time of 20 minutes based
on average daily flow and a carbon reactivation frequency of every 240 days]
has the meaning stated in 40 CFR
§141.2.
(35) “Galvanized requiring replacement service line” has the
meaning stated in 40 CFR §141.2.
(36) “Galvanized service line” has the meaning stated in 40 CFR
§141.2.
[(28)](37)—[(29)](38)
(text unchanged)
[(30)] (39)
“Ground water under the direct influence of surface water” or “[(]GWUDI[)]”
has the meaning stated in 40 CFR §141.2.
[(a) Significant occurrence of insects or other
macroorganisms, algae, or large diameter pathogens such as Giardia lamblia or
Cryptosporidium; or
(b) Significant and relatively rapid shifts in water
characteristics such as turbidity, temperature, conductivity, or pH which
closely correlate to climatological or surface water conditions.]
[(31)] (40) “Haloacetic
acids (five)” or “[(]HAA5[)]” [mean
the sum of the concentrations in milligrams per liter of the haloacetic acid
compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid,
monobromoacetic acid, and dibromoacetic acid, rounded to 2 significant figures
after addition] have the meaning stated in 40 CFR §141.2.
[(32)] (41) “Halogen”
[means one of the chemical elements chlorine, bromine, or iodine]
has the meaning stated in 40 CFR §141.2.’
(42) “Hazard index” or “HI” means the sum of hazard quotients,
which are calculated to determine compliance with the maximum contaminant level
for regulated combinations of PFAS.
(43) “Hazard quotient” or “HQ” means the ratio of the measured
concentration of a contaminant in water to the health-based water concentration
for that contaminant expressed in the same unit of measurement.
(44) “Health-based water concentration” or “HBWC” means the
level below which there are no known or anticipated adverse health effects over
a lifetime of exposure for sensitive populations or life stages with an
adequate margin of safety.
(45) “HFPO-DA” or “GenX chemicals” means Chemical Abstract
Service registration number 122499-17-6, chemical formula C6F11O3-,
International Union of Pure and Applied Chemistry preferred name
2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propanoate, along with its conjugate
acid and any salts, derivatives, isomers, or combinations thereof.
[(33)] (46) (text unchanged)
[(34) “Lead-free” means:
(a) Containing not more than a
weighted average of 0.25 percent lead when used with respect to the wetted
surface of pipes, pipe fitting, plumbing fittings, and fixtures; and
(b) Not containing more than 0.2 percent lead when used with
respect to solder and flux.]
(47) “Lead service line” has the meaning stated in 40 CFR
§141.2.
(48) “Lead status unknown service line” has the meaning stated
in 40 CFR §141.2.
[(35)] (49) “Level
1 assessment” [is an evaluation to identify the possible presence of
sanitary defects, defects in distribution system coliform monitoring practices,
and (when possible) the likely reason that the system triggered the assessment.
It is conducted by the system operator or owner. Minimum elements include
review and identification of a typical events that could affect distributed
water quality or indicate that distributed water quality was impaired; changes
in distribution system maintenance and operation that could affect distributed
water quality (including water storage);source and treatment considerations
that bear on distributed water quality, where appropriate (e.g., whether
aground water system is disinfected);existing water quality monitoring data;
and inadequacies in sample sites, sampling protocol, and sample processing. The
system must conduct the assessment consistent with any State directives that
tailor specific assessment elements with respect to the size and type of the
system and the size, type, and characteristics of the distribution system]
has the meaning stated in 40 CFR §141.2.
[(36)] (50) “Level 2 assessment” [is
an evaluation to identify the possible presence of sanitary defects, defects in
distribution system coliform monitoring practices, and (when possible) the
likely reason that the system triggered the assessment. A Level 2 assessment
provides a more detailed examination of the system (including the system’s
monitoring and operational practices) than does a Level1 assessment through the
use of more comprehensive investigation and review of available information,
additional internal and external resources, and other relevant practices. It is
conducted by an individual approved by the State, which may include the system
operator. Minimum elements include review and identification of atypical events
that could affect distributed water quality or indicate that distributed water
quality was impaired; changes in distribution system maintenance and operation
that could affect distributed water quality (including water storage); source
and treatment considerations that bear on distributed water quality, where appropriate
(e.g., whether a ground water system is disinfected); existing water quality
monitoring data; and inadequacies in sample sites, sampling protocol, and
sample processing. The system must conduct the assessment consistent with any
State directives that tailor specific assessment elements with respect to the
size and type of the system and the size, type, and characteristics of the
distribution system. The system must comply with any expedited actions or
additional actions required by the State in the case of an E. coli MCL
violation] has the meaning stated in 40 CFR §141.2.
[(37)] (51) “Man-made beta particle and photon
emitters” [means all radionuclides emitting beta particles and/or
photons listed in Maximum Permissible Body Burdens and Maximum Permissible
Concentration of Radionuclides in Air or Water for Occupational Exposure, NBS
Handbook 69, except the daughter products of thorium-232, uranium-235, and
uranium-238] has the meaning stated in 40 CFR §141.2.
[(38)] (52) (text unchanged)
[(39)] (53) “Maximum contaminant level
goal” or “[(]MCLG[)]” [means the
maximum level of a contaminant in drinking water at which no known or
anticipated adverse effects on the health of persons would occur, and which
allows an adequate margin of safety. Maximum contaminant level goals are
nonenforceable health goals] has the meaning stated in 40 CFR §141.2.
[(40)] (54) “Maximum residual
disinfectant level” or “[(]MRDL[)]” [means
a level of a disinfectant added for water treatment that may not be exceeded at
the consumer's tap without an unacceptable risk of adverse health effects. The
disinfectants include chlorine, chloramines, and chlorine dioxide] has
the meaning stated in 40 CFR §141.2.
[(41)] (55) “Maximum residual
disinfectant level goal” or “[(]MRDLG[)]” [means
the maximum level of a disinfectant added for water treatment at which no known
or anticipated adverse effect on the health of individuals occurs, and which
allows an adequate margin of safety. MRDLGs are nonenforceable health goals and
do not reflect the benefit of the addition of the chemical for control of
water-borne microbial contaminants] has the meaning stated in 40 CFR
§141.2.
[(42)] (56) “Maximum total
trihalomethane potential” or “[(]MTP[)]” [means
the maximum concentration of total trihalomethanes produced in a given water
sample containing a halogen disinfectant residual after 7 days at a temperature
of 25°C or above] has the meaning stated in 40 CFR §141.2.
(57) “Medium water system” has the meaning stated in 40 CFR
§141.2.
(58) “Method detection limit” or “MDL” has the meaning stated in
40 CFR §141.2.
[(43)] (59) “Near the first service
connection” [means within the first 20 percent of connections that
receive finished water from the treatment plant, as measured by water transport
time within the distribution system] has the meaning stated in 40 CFR
§141.2.
[(44)] (60)—[(45)] (61) (text
unchanged)
(62) “Newly regulated public water system” has the meaning
stated in 40 CFR §141.2.
[(46)] (63) “Noncommunity water system” [means
a public water system that does not meet the requirements of §B(5) of this
regulation. These systems serve motels, hotels, medical facilities,
restaurants, schools, industrial plants, and similar facilities not connected
to a community water system] has the meaning stated in Environment
Article §9-401, Annotated Code of Maryland.
[(47)] (64) “Nontransient noncommunity water
system” or “[(]NTNCWS[)]” [means a
public water system that is not a community water system and that regularly
serves at least 25 of the same individuals over 6 months per year] has
the meaning stated in Environment Article §9-401, Annotated Code of Maryland.
[(48)] (65)—[(49)] (66) (text
unchanged)
(67) “Optimal corrosion control treatment” or “OCCT” has the
meaning stated in 40 CFR §141.2.
(68) “Partial service line replacement” has the meaning stated
in 40 CFR §141.2.
[(50)] (69) —[(51)] (70) (text
unchanged)
(71) “PFAS” means perfluoroalkyl or polyfluoroalkyl substances,
a group of synthetic organofluorine chemical compounds with multiple fluorine
atoms attached to an alkyl chain, which includes HFPO-DA, PFBS, PFHxS, PFNA,
PFOA, and PFOS.
(72) “PFBS” means Chemical Abstract Service registration number
45187-15-3, chemical formula C4F9SO3-, perfluorobutane sulfonate, along with
its conjugate acid and any salts, derivatives, isomers, or combinations
thereof.
(73) “PFHxS” means Chemical Abstract Service registration number
108427-53-8, chemical formula C6F13SO3-, perfluorohexane sulfonate, along with
its conjugate acid and any salts, derivatives, isomers, or combinations
thereof.
(74) “PFNA” means Chemical Abstract Service registration number
72007-68-2, chemical formula C9F17O2-, perfluorononanoate, along with its
conjugate acid and any salts, derivatives, isomers, or combinations thereof.
(75) “PFOA” means Chemical Abstract Service registration number
45285-51-6, chemical formula C8F15O2–, perfluorooctanoate, along with its
conjugate acid and any salts, derivatives, isomers, or combinations thereof.
(76) “PFOS” means Chemical Abstract Service registration number
45298-90-6, chemical formula C8F17SO3–, perfluorooctanesulfonate, along with
its conjugate acid and any salts, derivatives, isomers, or combinations
thereof.
[(52)] (77)
“Picocurie” or [(]“pCi[)]”
[means that quantity of radioactive material producing 2.22 nuclear
transformations per minute] has the meaning stated in 40 CFR §141.2.
(78) “Pitcher filter” has the meaning stated in 40 CFR §141.2.
[(53)] (79) (text unchanged)
[(54)] (80) “Point-of-entry treatment device” or “[(]POE[)]”
[is a treatment device applied to the drinking water entering a house or
building for the purpose of reducing contaminants in the water distributed
throughout the house or building] has the meaning stated in 40 CFR
§141.2.
[(55)] (81) “Point-of-use treatment device”, “point of use device”, or “[(]POU[)]”
[is a treatment device applied to a single tap used for the purpose of
reducing contaminants in drinking water at that one tap] has the
meaning stated in 40 CFR §141.2.
(82) “Practical quantitation limit” or “PQL” has the meaning
stated in 40 CFR §141.2.
(83) “Pre-stagnation flushing” has the meaning stated in 40 CFR
§141.2.
[(56)] (84) (text
unchanged)
[(57)] (85) “Rem” [means the unit of
dose-equivalent from ionizing radiation to the total body or any internal organ
or organ system. A millirem (mrem) is 1/1000 of a rem (0.001 rem)]
has the meaning stated in 40 CFR §141.2.
[(58)] (86) “Repeat compliance period” [means
any subsequent compliance period after the initial compliance period)]
has the meaning stated in 40 CFR §141.2.
[(59)] (87)—[(60)] (88) (text
unchanged)
[(61)] (89) “Sanitary defect” [is a defect that could provide a
pathway of entry for microbial contamination into the distribution system or
that is indicative of a failure or imminent failure in a barrier that is
already in place.] has the meaning stated in 40 CFR §141.2.
[(62)] (90) “Sanitary survey” [means an on-site review of the water
source, facilities, equipment, operation and maintenance of a public water
system for the purpose of evaluating the adequacy of the system for producing
and distributing safe drinking water.] has the meaning stated in 40 CFR
§141.2.
(91) “School” has the meaning stated in 40 CFR §141.2.
[(63)] (92) “Seasonal system” [is a
noncommunity water system that is not operated as a public water system on a
year-round basis and starts up and shuts down at the beginning and end of each
operating season)] has the meaning stated in 40 CFR §141.2.
(93) “Secondary school” has the meaning stated in 40 CFR §141.2.
[(64)] (94))
(text unchanged)
(95) “Service line” has the meaning stated in 40 CFR §141.2.
(96) “Small water system” has the meaning stated in 40 CFR
§141.2.
[(65)] (97) (text unchanged)
[(66)] (98) “Subpart H systems” [means
public water systems using surface water or ground water under the direct
influence of surface water as a source that are subject to the requirements of
Subpart H of 40 CFR §141)] has the meaning stated in 40 CFR §141.2.
[(67)] (99) (text unchanged)
[(68)] (100) “Supplier of water” [means
any person who owns or operates a public water system)] has the
meaning stated in Environment Article §9-401, Annotated Code of Maryland.
[(69)] (101) “SUVA” [means
specific ultraviolet absorption at 254 nanometers (nm), an indicator of the
humic content of water. It is a calculated parameter obtained by dividing a
sample's ultraviolet absorption at a wavelength of 254 nm (UV254) (in m-1) by
its concentration of dissolved organic carbon (DOC) in milligrams per liter
(mg/l)] has the meaning stated in 40 CFR §141.2.
(102) “System without corrosion control treatment” has the
meaning stated in 40 CFR §141.2.
(103) “Tap monitoring period” has the meaning stated in 40 CFR
§141.2.
(104) “Tap sampling period” has the meaning stated in 40 CFR
§141.2.
(105) “Tap sampling protocol” has the meaning stated in 40 CFR
§141.2.
[(70)] (106) “Too numerous to count” [means
that the total number of bacterial colonies exceeds 200 on a 47-millimeter
diameter membrane filter used for coliform detection] has the meaning
stated in 40 CFR §141.2.
[(71)] (107) “Total organic carbon”
or “[(]TOC[)]” [means total organic
carbon in milligrams per liter (mg/l) measured using heat, oxygen, ultraviolet
irradiation, chemical oxidants, or combinations of these oxidants that convert
organic carbon to carbon dioxide, rounded to 2 significant figures]
has the meaning stated in 40 CFR §141.2.
[(72)] (108) “Total trihalomethanes”
or “[(]TTHM[)]” [means the sum of the
concentrations in milligrams per liter of the trihalomethane compounds
trichloromethane (chloroform), dibromochloromethane, bromodichloromethane, and
tribromomethane (bromoform), rounded to two significant figures] has
the meaning stated in 40 CFR §141.2.
[(73)] (109) “Transient noncommunity
water system” or “[(]TWS[)]” [means a
noncommunity water system that does not regularly serve at least 25 of the same
individuals over 6 months per year] has the meaning stated in 40 CFR
§141.2.
[(74)] (110) “Treatment technique” means
a required process intended to reduce the level of a contaminant which, if
exceeded, triggers treatment or other requirements [which] that
a public water system must follow.
[(75)] (111) “Trihalomethane” or “[(]THM[)]”
[means a family of organic compounds, derived from methane, wherein
three of the four hydrogen atoms in methane are each substituted by a halogen
atom in the molecular structure] has the meaning stated in 40 CFR
§141.2.
[(76)] (112) (text unchanged)
[(77)] (113) “Uncovered finished water
storage facility” [means a tank, reservoir, or other facility used to
store water that will undergo no further treatment to reduce microbial
pathogens, except residual disinfection, and is directly open to the atmosphere]
has the meaning stated in 40 CFR §141.2.
[(78)] (114) (text
unchanged)
[(79)] (115) “Virus” [means a
virus of fecal origin which is infectious to humans by waterborne transmission]
has the meaning stated in 40 CFR §141.2.
[(80)] (116) (text unchanged)
[(81)] (117) “Wholesale system” [means
a public water system that treats source water as necessary to produce finished
water and then delivers some or all of that finished water to another public
water system. Delivery may be through a direct connection or through the
distribution system of one or more consecutive systems] has the
meaning stated in 40 CFR §141.2.
(118) “Wide-mouth bottles” has the meaning stated in 40 CFR
§141.2.
.01-1 Incorporation
by Reference.
A. (text unchanged)
B. Documents Incorporated. [Code of Federal Regulations (CFR) — 40
CFR §§141 and 142 (July 1, 2014):]
(1) [Surface Water Treatment
Rule (40 CFR §§141.70—141.76, Subpart H) June 8, 2001, January 14, 2002,
October 23, 2002, October 29, 2002, and February 13, 2013 revisions. ] 40 CFR §141.4, as amended;
(2) [Interim Enhanced Surface Water Treatment Rule (40 CFR
§141, Subpart P, §§141.170—141.175), January 14, 2002, revision] 40
CFR §141.6 (July 1, 2026);
(3) [Long Term 1 Enhanced Surface Water Treatment Rule (40
CFR §§141.500—141.570, Subpart T), January 14, 2002] 40 CFR, Part
141, Subpart C (July 1, 2026);
[(4) Long Term 2 Enhanced Surface Water Treatment Rule (40
CFR §§141.700—141.723, Subpart W), January 5, 2006, January 30, 2006, and
February 6, 2006.]
(4) 40 CFR §141.31 as amended with the following changes:
(a) Substitute “Approving Authority” for “primary agency”; and
(b) Substitute “Approving Authority” for “primacy agency”;
(5) [Bottled Water (21 CFR §165.110)] 40 CFR
§141.40, as amended;
(6) [Best Available Technology (40 CFR §§141.61—141.66,
Subpart G) February 13, 2013 revisions] 40 CFR §141.50 (July
1, 2026);
(7) [Lead and Copper Rule (40 CFR §§141.80—141.91, Subpart
I) revised January 12, 2000 and October 10, 2007] 40 CFR §§141.51-141.52,
as amended;
[(8) Monitoring and
Analytical Methods (40 CFR §§141.21—141.29, Subpart C) February 13, 2013
revisions;
(a) Coliform Bacteria (40 CFR
§141.21) November 21, 2006 and February 13, 2013 revisions;
(b) Inorganics (40 CFR §141.23) October 23, 2002, October 29,
2002, and March 25, 2003 revisions;
(c) Organics (40 CFR §141.24)
October 23, 2002, and October 29, 2002, revisions; and
(d) Radionuclides (40 CFR §§141.25—141.26) December 7, 2000,
and October 23, 2002, revision.]
(8) 40 CFR, Part 141, Subpart G (July 1, 2026);
(9) [Method Detection Limit (40 CFR §136), October 23, 2002,
revision] 40 CFR, Part 141, Subpart H, as amended;
(10) [Public Notification of Drinking Water Violations (40
CFR §141, Subpart Q; 40 CFR §§141.201—141.211, November 8, 2006, February 13,
2013, and February 26, 2014 revisions] 40 CFR, Part 141, Subpart I,
as amended;
(11) [Consumer Confidence Report (40 CFR §§141.151—141.155,
Subpart O), January 14, 2002, November 27, 2002, March 25, 2003, January 4,
2006, November 8, 2006, February 13, 2013, and February 26, 2014 revisions] 40
CFR, Part 141, Subpart L, as amended;
[(12) Disinfectant
Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors:
(a) Stage 1 Disinfection Byproduct Rule (40 CFR §141, Subpart
L; 40 CFR §§141.130—141.144, Subpart L, §141.65), December 16, 1998, January
16, 2001, January 4, 2006, and February 13, 2013 revisions; and
(b) Stage 2 Disinfection Byproduct Rule (40 CFR §141, Subpart
U §§141.600—141.605, Subpart V §§141.606—141.629), January 4, 2006, January 27,
2006, and June 29, 2009, revisions;]
(12) 40 CFR, Part 141, Subpart O (July 1, 2026) with the
following change. 40 CFR §141.153(c)(3) shall read:
“A report that contains data on contaminants that EPA or the
Approving Authority regulates using any of the following terms must include the
applicable definitions:
(i) Treatment Technique: A required process intended to reduce
the level of a contaminant in drinking water.
(ii) Action Level: The concentration of a contaminant which, if
exceeded, triggers treatment or other requirements which a water system must
follow.
(iii) Maximum residual disinfectant level goal or MRDLG: The
level of a drinking water disinfectant below which there is no known or
expected risk to health. MRDLGs do not reflect the benefits of the use of
disinfectants to control microbial contaminants.
(iv) Maximum residual disinfectant level or MRDL: The highest
level of a disinfectant allowed in drinking water. There is convincing evidence
that addition of a disinfectant is necessary for control of microbial
contaminants.
(v) Hazard Index or HI. The Hazard Index is an approach that
determines the health concerns associated with mixtures of certain PFAS in
finished drinking water. Low levels of multiple PFAS that individually would
not likely result in adverse health effects may pose health concerns when
combined in a mixture. The Hazard Index MCL represents the maximum level for
mixtures of PFHxS, PFNA, HFPO–DA, and/or PFBS allowed in water delivered by a
public water system. A Hazard Index greater than 1 requires a system to take
action.”
(13) [Arsenic Rule (40 CFR §§141.6, 141.51, 141.60, 141.62,
141.65, 142.61, 142.62) March 25, 2003 revision] 40 CFR, Part 141,
Subpart P, as amended;
(14) [Definitions (40 CFR §141.2) January 14, 2002, January
4, 2006, January 5, 2006, and February 13, 2013 revisions] 40 CFR,
Part 141, Subpart Q (July 1, 2026);
(15) [Unregulated Contaminant Monitoring Regulation
(40 CFR §141.40), March 12, 2002, October 29, 2002, January 4, 2007, and May 2,
2012 revisions] 40 CFR, Part 141, Subpart S as amended;
(16) [Ground Water Rule (40 CFR §§141.21, 141.28, 141.153,
141.202, 141.203, 141.400—141.405, 142.14—142.16) — November 8, 2006, November
21, 2006, and February 13, 2013 revisions] 40 CFR, Part 141, Subpart
T as amended;
(17) [Revised Total Coliform Rule (40 CFR §§141.4, 141.52,
141.63, 141.71, 141.74, 141.132, §§141.851—141.861, Subpart Y, and
142.15—142.16, 142.63) — February 13, 2013, and February 26, 2014 revisions]
40 CFR, Part 141, Subpart U as amended;
[(18) American Water
Works Association, AWWA Standard, Disinfecting Water Mains (ANSI/AWWA C651-14)
Sections 2, 3, and 4 only, effective February 1, 2015; and
(19) American Water Works Association, AWWA Standard,
Disinfection of Wells (ANSI/AWWA C654-13), effective July 1, 2013.]
(18) 40 CFR, Part 141, Subpart V, as amended;
(19) 40 CFR, Part 141, Subpart W, as amended;
(20) 40 CFR, Part 141, Subpart Y, as amended;
(21) 40 CFR, Part 141, Subpart Z (July 1, 2026);
(22) 40 CFR §§142.61-142.63 (July 1, 2026);
(23) 21 CFR §165.110, as amended;
(24) 40 CFR §136, as amended;
(25) American Water Works Association, AWWA Standard, Disinfecting
Water Mains (ANSI/AWWA C651-14) Sections 2, 3, and 4 only, effective February
1, 2015; and
(26) American Water Works Association, AWWA Standard, Disinfection
of Wells (ANSI/AWWA C654-13), effective July 1, 2013.
.06-2 Control
of Lead and Copper.
A. [Suppliers of water to a public water system shall
comply with the requirements of 40 CFR §§141.80—141.91. These requirements,
based on treatment technique requirements, require regular testing by suppliers
of water for lead and copper, establish procedures to reduce lead and copper at
consumers' taps, and specify public education actions.] Applicability.
(1) A supplier of water to a community water system shall comply
with 40 CFR Part 141, Subpart I and 40 CFR § 141.152(a).
(2) A supplier of water to a non-transient non-community water
system shall comply with 40 CFR Part 141, Subpart I.
[B. Additional
Monitoring Requirements for Lead and Copper in Tap Water.
(1) Reduced Monitoring.
(a) A small water system (serving 3,300 or fewer individuals)
or a medium water system (serving 3,301 to 50,000 individuals) that
demonstrates for two consecutive 6-month monitoring periods that the tap water
lead 90th percentile value computed under 40 CFR §141.80(c)(3) is less than or
equal to 0.005 milligram per liter, and that the tap water copper 90th
percentile value computed under 40 CFR §141.80(c)(3) is less than or equal to
0.65 milligram per liter, may reduce the number of tap water samples in accordance
with 40 CFR §141.86(c), and reduce the frequency of sampling to once every 3
calendar years.
(b) A large water system (serving more than 50,000
individuals) that demonstrates for two consecutive 6-month monitoring periods
that the tap water lead 90th percentile value computed under 40 CFR
§141.80(c)(3) is less than or equal to 0.005 milligram per liter, and the tap
water copper 90th percentile value computed under 40 CFR §141.80(c)(3) is less
than or equal to 0.65 milligram per liter, may request in writing to the
Approving Authority to reduce the number of tap water samples in accordance
with 40 CFR §141.86(c), and reduce the frequency of sampling to once every 3
calendar years.
(2) Monitoring Waivers for
Small Water Systems.
(a) Monitoring waivers as described under 40 CFR §141.86(g)
apply only to small (serving 3,300 or fewer individuals) nontransient,
noncommunity water systems that do not have residential connections.
(b) Continued eligibility.
Under 40 CFR §141.86(g)(5), waivers may not be renewed automatically. A system
shall:
(i) Certify on an annual basis
that it meets the materials criteria set forth in 40 CFR §141.86(g)(1); and
(ii) Comply with the requirements of 40 CFR §141.86(g)(2).
(c) The Approving Authority shall review annual waiver
certifications and may renew or revoke waivers.
(d) Requirements Following
Waiver Revocation. Under 40 CFR §141.86(g)(6), a system whose full or partial
waiver has been revoked by the Approving Authority:
(i) Shall commence lead and copper tap water monitoring at
the initial frequency of two consecutive 6-month monitoring periods and initial
number of samples not later than 90 days after receiving notification from the
Approving Authority;
(ii) If the system exceeds lead or copper action levels, or
both, shall implement corrosion control treatment in accordance with the
deadlines and requirements in 40 CFR §141.81(e);
(iii) If the system meets both the lead and copper action
levels, it shall monitor for lead and copper at the tap not less frequently
than once every 3 years using the reduced number of sample sites set forth in
40 CFR §141.86(c); and
(iv) If the supplier of water has fewer than five drinking
water taps that can be used for human consumption, it must collect at least one
sample from each tap that is available, and collect additional samples from
those same taps on different days during the monitoring period in order to have
the minimum number of lead and copper samples specified in §B(2)(e).
(e) A minimum of five lead and copper samples is required for
small water systems when performing routine or follow up monitoring.]
B. A supplier of water to a small
community water system that serves 3,300 or fewer persons or a non-transient
non-community water system may comply with 40 CFR §141.93 in lieu of the
corrosion control treatment requirements otherwise applicable to small systems
and non-transient non-community water systems in 40 CFR §141.81(a)(3) if the
supplier of water:
(1) Exceeds the lead action level;
(2) Does not exceed the copper action level;
(3) Is approved by the Approving Authority; and
(4) Meets all requirements in 40 CFR §141.93.
[C. Reporting
Requirements. Suppliers of water shall comply with reporting requirements
specified in 40 CFR §§141.80—141.90 and 141.154 including the following:
(1) Calculate the 90th percentile lead and copper
concentrations as specified under 40 CFR §141.80(c)(3) during each monitoring
period and report the values to the Approving Authority as described under 40
CFR §141.90(a) in the format determined by the Approving Authority;
(2) Notify and obtain approval
from the Approving Authority as required by 40 CFR §141.90(a)(3) before adding
a new source and before implementing long term changes in water treatment; and
(3) Certify compliance with public notice and education
requirements under 40 CFR §141.85.
D. Water suppliers shall provide public education and
supplemental sampling as set forth in Regulation .20-1 of this chapter.]
.07 Maximum Contaminant Levels for Organic Chemicals in Drinking
Water.
A. [Suppliers] A supplier of water to a
community water [systems and] system or a nontransient
noncommunity water [systems] system shall comply with the
MCLs and HBWCs for organic chemicals in [§§D, E, and F of]
this regulation.
B.—F. (text unchanged)
G. PFAS Requirements.
(1) A supplier of water to a community water system or a
nontransient noncommunity water system that begins operating on or before April
26, 2027, shall comply with the MCLs and HBWCs for PFAS in 40 CFR §141.61(c)(2)
by April 26, 2029.
(2) A supplier of water to a community water system or a
nontransient noncommunity water system that begins operating after April 26,
2027, shall comply with the MCLs and HBWCs for PFAS in 40 CFR §141.61(c)(2)
within a timeframe specified by the Approving Authority.
(3) A supplier of water to a community water system or a
nontransient noncommunity water system that begins using a new source of water
after April 26, 2027, shall comply with the MCLs and HBWCs for PFAS in 40 CFR
§141.61(c)(2) at each entry point to the distribution system where water from
the new source is used within a timeframe specified by the Approving Authority.
.07-1 Best
Available Technology for Organic Chemicals.
A.—C. (text unchanged)
D. PFAS. The best available technology, treatment technique, or
other means available to achieve compliance with the maximum contaminant levels
and health-based water concentrations for each contaminant listed in 40 CFR
§141.61(c)(2) are identified in 40 CFR §141.61(d).
.19 Reporting
Requirements.
A.—F. (text unchanged)
[G. Reporting
Requirements for Lead and Copper.
(1) Suppliers of water that
monitor for lead shall comply with the reporting requirements set forth in 40
CFR §141.90, including the following:
(a) Source water monitoring
reporting requirements pursuant to 40 CFR §141.88;
(b) Corrosion control treatment reporting requirements
pursuant to 40 CFR §§141.81—141.82,
(c) Source water treatment reporting requirements pursuant to
40 CFR §141.83;
(d) Public education program reporting requirements pursuant
to 40 CFR §141.85; and
(e) Reporting of additional
monitoring data associated with 40 CFR §§141.86, 141.87 and 141.88; and
(f) Reporting requirements for
tap water monitoring for lead and copper and for water quality parameter
monitoring required by 40 CFR §§141.81, 141.86 and 141.87.
(i) Water suppliers shall report the 90th percentile lead and
copper concentrations measured from among all lead and copper tap water samples
collected during each monitoring period (calculated in accordance with 40 CFR
§141.80(c)(3)), except if the Approving Authority provides those calculations
in accordance with 40 CFR §141.90(h), and the system has provided the
information required by 40 CFR §141.90(h)(2) by the date set forth in 40 CFR
§141.90(h)(1).
(ii) Prior to the addition of a new source or any long-term
change in water treatment, water suppliers deemed to have optimized corrosion
control under 40 CFR §141.81(b)(3), water suppliers subject to reduced
monitoring pursuant to 40 CFR §141.86(d)(4), or water suppliers subject to a
monitoring waiver pursuant to 40 CFR §141.86(g), shall submit documentation
describing the change(s) proposed in accordance with 40 CFR §141.90(a) for
review and approval by the Approving Authority.
(2) If a system exceeds the lead action level, the water
supplier shall submit written documentation of material evaluation that
identifies the initial number of lead service lines in the distribution system
at the time the action level is exceeded. This documentation shall be provided
to the Approving Authority within 12 months after the end of the monitoring
period in which the exceedance occurred.]
.20 Public Notification of Variances, Exemptions, and
Noncompliance with Standards.
A. (text unchanged)
B. Tier 1 Public Notices.
(1) The violation categories
requiring Tier 1 notices are specified in 40 CFR §141.202 and this regulation,
including:
(a)—(n) (text unchanged)
(o) Exceedance of the
Action Level for lead as specified in 40 CFR §141.80(c).
(2)—(3) (text unchanged)
C. (text unchanged)
D. Tier 3 Public Notice.
(1) (text unchanged)
(2) Manner of Tier 3 Notice.
(a) (text unchanged)
(b) Unless otherwise directed
by the Approving Authority, a community water system shall provide notice by:
(i) (text unchanged)
(ii) [Include] Including
the notice, which shall satisfy the form, manner, and content requirements of
this regulation, in the Consumer Confidence Report as [described] required in Regulation .20-2 of this
chapter if the report will be distributed not later than 12 months after [the]
learning of the violation or situation.
(c) (text unchanged)
E. (text unchanged)
.20-2 Consumer
Confidence Reports.
A. A supplier of water to a community water system shall [deliver
an annual consumer confidence report to their customers as required by 40 CFR
§§141.151—141.155: Subpart O—Consumer Confidence Report. This report shall
contain information on the quality of the water delivered by the supplier and
characterize the risks from exposure to contaminants detected in the drinking
water in an accurate and understandable manner] comply with 40 CFR Part 141, Subpart O.
[B. Each supplier of water to a community water system
shall deliver its first report by July 1, 2001, and subsequent reports by July
1 annually thereafter. The first report shall contain data collected during, or
before, calendar year 2000 and shall be in accordance with 40 CFR
§141.153(d)(3). Each subsequent report shall contain data collected during, or
before, the previous calendar year.]
B. Waiver of Mailing Requirement.
(1) The requirements of 40 CFR §141.155(a) are waived for a
supplier of water to a community water system that serves fewer than 10,000
persons in accordance with 40 CFR §141.155(g).
(2) A supplier of water to a community water system that serves
fewer than 10,000 persons and more than 500 persons shall comply with 40 CFR
§141.155(g)(1).
(3) A supplier of water to a community water system that serves
500 or fewer persons shall comply with 40 CFR §141.155(g)(2).
C. [A supplier of water to a community water system
that began operation after July 1, 2000, shall deliver its first report by July
1 of the year after its first full calendar year in operation and annually
thereafter] The reports issued under 40 CFR Part 141, Subpart O are
supplemental to, and do not supersede, the public notice requirements of this
chapter.
[D. A supplier of water
to a community water system that sells water to another community water system
shall deliver the applicable information required in the consumer confidence
report to the buyer system:
(1) By April 1, 2001, for the
2000 report, and by April 1 annually thereafter; or
(2) On a date mutually agreed upon by the seller and the
purchaser, and specifically included in a contract between the parties.
E. Content of the Report.
(1) An annual report issued under this regulation shall
provide a report that contains the information specified in 40 CFR §§141.153,
141.154, and 141.211. The report does not replace the function of the Public
Notice requirements under Regulation .20 of this chapter. This information
includes, but is not limited to, the requirements in §E(2)—(9) of this
regulation.
(2) Required Language and
Information.
(a) All reports shall contain the following language: “Some
people may be more vulnerable to contaminants in drinking water than the
general population. Immunocompromised persons such as persons with cancer
undergoing chemotherapy, persons who have undergone organ transplants, people
with HIV/AIDS or other immune system disorders, some elderly persons, and
infants can be particularly at risk from infections. These people should seek
advice about drinking water from their health care providers. EPA/ CDC guidelines
on appropriate means to lessen the risk of infection by Cryptosporidium and
other microbial contaminants are available from the Safe Drinking Water Hotline
(800-426-4791).”
(b) Beginning in the report
due by July 1, 2002, a supplier of water at a community water system that
detects arsenic above 0.005 milligrams per liter (mg/l) and up to and including
0.010 milligrams per liter (mg/l):
(i) Shall include in its
report a short informational statement about arsenic, using language such as
that provided in 40 CFR §141.154(b)(1); or
(ii) May write its own educational statement in consultation
with the Approving Authority.
(c) Systems with nitrate at levels above 5 milligrams per
liter shall include the required language in 40 CFR §141.154.
(d) Suppliers of water that monitor for lead shall include
language as specified in 40 CFR §141.154.
(e) Systems which detect total trihalomethane levels above
0.080 milligrams per liter, but below 0.100 milligrams per liter, as an annual
average shall include the required language in 40 CFR §141.154.
(f) Beginning in the report due by July 1, 2002 and ending
January 22, 2006, a supplier of water at a community water system that detects
arsenic above 0.010 milligrams per liter (mg/l) and up to and including 0.05
milligrams per liter (mg/l) shall include the arsenic health effects language
prescribed by 40 CFR §141.154 Subpart O.
(3) Information on Source
Water.
(a) The report shall identify
the source or sources of the water delivered by the community water system by
providing information on the:
(i) Type of water, for
example, surface water or ground water;
(ii) Commonly used name, if
any; and
(iii) Location of the body, or bodies, of water.
(b) If a source water assessment has been completed, the
report shall notify consumers of the availability of this information and the
means to obtain it. In addition, in the report, a supplier of water is
encouraged to highlight significant sources of contamination in the source
water area if they have readily available information. If a system has received
a source water assessment from the Approving Authority, the report shall
include a brief summary of the system's susceptibility to potential sources of
contamination, using language provided by, or approved by Approving Authority.
(4) Definitions for the
following shall be included in the report:
(a) Maximum contaminant level
goal (MCLG) and maximum contaminant level (MCL);
(b) Variances or exemptions if a community water system is
operating under a variance or an exemption;
(c) Treatment technique when data is included on a
contaminant for which EPA has set a treatment technique;
(d) Action level when data is included on a contaminant for
which EPA has set an action level;
(e) Maximum residual disinfectant level goal (MRDLG); or
(f) Maximum residual
disinfectant level (MRDL).
(g) For a report that contains information regarding a Level
1 or Level 2 assessment required by Regulation .11-4 of this chapter, Level 1
assessment and Level 2 assessment, as applicable.
(5) Information on Detected
Contaminants.
(a) Information shall be included as specified in 40 CFR
§141.153(d) for regulated contaminants, unregulated contaminants, treatment
techniques, and 40 CFR §141.153 (e) for other contaminants identified by the
Approving Authority as a public health risk in drinking water. The data should
be provided in one or more tables as appropriate.
(b) For detected regulated
contaminants, the table or tables shall contain:
(i) The highest contaminant
level used to determine compliance and the range of detected levels from
monitoring for contaminants subject to an MCL, except turbidity, total
coliform, fecal coliform and E. coli;
(ii) The MCL for that contaminant;
(iii) The MCLG for that
contaminant expressed in the same units as the MCL;
(iv) A treatment technique, or specify the action level,
applicable to that contaminant.
(c) When compliance with the MCL is determined on a
system-wide basis by calculating a running annual average of all samples at all
monitoring locations, the average and range of detection shall be provided, in
the same units as the MCL. The system is required to include individual sample
results for the Initial Distribution System Evaluation (IDSE) conducted under
40 CFR §141, Subpart U, when determining the range of TTHM and HAA5 results to
be reported in the annual consumer confidence report for the calendar year that
the IDSE samples were taken.
(6) In addition to the public
notification requirements established under Regulation .14 of this chapter, the
report shall note any violation that occurred during the year covered by the
report, and include a clear and readily understandable explanation of the
violation, any potential adverse health effects, and the steps the system has
taken to correct the violation and other related information as follows:
(a) Monitoring and reporting
of compliance data;
(b) Filtration and disinfection requirements established
under Regulation .05-2 of this chapter;
(c) Lead and copper control requirements established under
Regulation .06-2 of this chapter;
(d) Treatment technique requirements for Acrylamide and
Epichlorohydrin established under Regulation .07-2 of this chapter;
(e) Record keeping of compliance data;
(f) Special monitoring requirements established under
Regulation .15-3 of this chapter;
(g) Violations of the terms of
variances, exemptions, or administrative or judicial orders;
(h) If applicable, an explanation for a variance or
exemption, the date issued, a brief status report, and a notice of opportunity
for public input.
(7) Explanation of
Contaminants.
(a) The report shall contain a brief explanation regarding
contaminants that may reasonably be expected to be found in drinking water,
including bottled water, as specified in 40 CFR §141.153(h)(1)(i)—(iii), or
comparable language.
(b) The following paragraph or equivalent shall be included:
“Drinking water, including bottled water, may reasonably be expected to contain
at least small amounts of some contaminants. The presence of contaminants does
not necessarily indicate that the water poses a health risk. More information
about contaminants and potential health effects can be obtained by calling the
Environmental Protection Agency's Safe Drinking Water Hotline (800-426-4791).”
(8) The report shall contain:
(a) The telephone number of
the owner, operator, or designee of the community water system as a source of
additional information concerning the report;
(b) The required health
information as specified in 40 CFR §141.154; and
(c) Information, including time and place of regularly
scheduled meetings, about opportunities for public participation in decisions
that may affect the quality of the water.
(9) Special Public Notice for Ground Water Suppliers.
Community ground water suppliers shall inform the public served by the water
supplier about a fecal indicator-positive source sample that is not invalidated
under Regulation .11-2G of this chapter, or any significant deficiency that has
not been corrected, in accordance with the requirements of 40 CFR
§§141.153(h)(6) and 141.403(a). The supplier shall continue to inform the
public annually until the Approving Authority determines that the particular
significant deficiency is corrected or the fecal contamination in the ground
water source is addressed in accordance with Regulation .05-5C of this chapter.
(10) Any system required to comply with a Level 1 or Level 2
assessment requirement under Regulation .11-4 of this chapter that is not due
to an E. coli MCL violation shall include the information specified in 40 CFR
§141.153(h)(7).
F. For communities with a large proportion non-English
speaking residents, information in the appropriate language or languages shall
be provided regarding the importance of the notice or contain a telephone
number or address where persons served may contact the water system to obtain a
translated copy or to request assistance in the appropriate language.
G. Report Delivery and Record
Keeping.
(1) Except as provided in §H of this regulation, each
supplier of water to a community water system shall mail or otherwise directly
deliver one copy of the report to each customer.
(2) The supplier of water to a
community water system shall make a good faith effort to reach consumers who do
not get water bills, using means recommended by the Approving Authority. Good
faith effort will be tailored to the consumers who are served by the system but
are not bill-paying customers, such as renters or workers. A good faith effort
to reach consumers would include a mix of methods appropriate to the particular
system, such as:
(a) Posting the reports on the
Internet;
(b) Mailing to postal patrons in metropolitan areas;
(c) Advertising the availability of the report in the news
media;
(d) Publication in a local newspaper;
(e) Posting in public places such as cafeterias or lunch
rooms of public buildings;
(f) Delivery of multiple
copies for distribution by single-biller customers such as apartment buildings
or large private employers; or
(g) Delivery to community organizations.
(3) Not later than the date the system is required to
distribute the report to its customers, each supplier of water for a community
water system shall mail a copy of the report to the Approving Authority,
followed within 3 months by a certification that the report has been
distributed to customers, and that the information is correct and consistent
with the compliance monitoring data previously submitted to the Approving
Authority.
(4) Not later than the date the system is required to
distribute the report to its customers, each community water system shall
deliver the report to any other agency or clearinghouse identified by the
Approving Authority.
(5) Each community water system shall make its reports
available to the public upon request.
(6) Each community water
system serving 100,000 or more persons shall post its current year's report to
a publicly accessible site on the Internet.
(7) Any supplier of water subject to this regulation shall
retain copies of its consumer confidence report for not less than 3 years.
H. The requirement of §G(1), (5) and (6) of this regulation
for a supplier of water to a community water system serving less than 10,000
persons has been waived. These systems shall:
(1) Publish the reports in one
or more local newspapers serving the area in which the system is located;
(2) Publish a notice in the
newspaper, or by other means approved by the State, that informs the customers
that the reports will not be mailed; and
(3) Make the reports available to the public upon request.
I. Supplier of water to systems serving 500 or fewer persons
may forego the requirements of §H(1) and (2) of this regulation if they provide
notice at least once per year to their customers by mail, by door-to-door
delivery, or by posting in an appropriate location, that the report is
available upon request.]
.21 Record
Maintenance.
A. Microbiological, Turbidity, and Chemical Analyses.
(1) A supplier of water shall
keep records of microbiological analyses and turbidity analyses for at least 5
years and records of chemical analyses for at least 10 years.
(2) Actual laboratory reports
may be kept, or data may be transferred into tabular summaries, provided the
following information is included:
[(1)](a)—[(6)](f)
(text unchanged)
B. A supplier of water shall keep records of [the]
each action to correct violations of this [regulation] chapter
for at least 3 years from the date of the last action taken with respect to the
particular violation involved.
C. Copies of any written reports, summaries or communications
relating to sanitary surveys of the system conducted by the supplier of water,
by a private consultant, or by any local, State or federal agency shall be kept
by [that organization] the supplier of water for a period
of at least 10 years after completion of a sanitary survey.
D. (text unchanged)
E. Copies of public notices issued pursuant to [Regulation
.20 of] this chapter and certifications made to the Approving Authority
shall be kept for 3 years after issuance.
F.—H. (text unchanged)
I. In addition to §A of this regulation, a [public
water] supplier of water subject to 40 CFR §141, Subpart Y shall
maintain information in its records, including the following:
(1)—(2) (text unchanged)
.37
PFAS Sampling and Analytical Requirements.
A. A supplier of water
to a community water system or a nontransient noncommunity water system shall
comply with 40 CFR Part 141, Subpart Z.
B. A supplier of water to a community water system that begins
operating or using a new source of water after April 26, 2027 shall demonstrate
compliance with the MCLs and HBWCs for PFAS in 40 CFR §141.61(c)(2) using:
(1) The initial monitoring frequencies in 40 CFR
§141.902(b)(1)(i)-(v); or
(2) The procedures determined by the Approving Authority.
C. A supplier of water to a nontransient noncommunity water
system that begins operating or using a new source of water after April 26,
2027, shall demonstrate compliance with the MCLs and HBWCs for PFAS in 40 CFR
§141.61(c)(2) using:
(1) The initial monitoring
frequencies in 40 CFR §141.902(b)(1)(i)—(v); or
(2) The procedures determined by the Approving Authority.
Subtitle 08 WATER POLLUTION
26.08.05
Certification of State Water Quality Laboratories
Authority: Environment Article, Title
9, [Subtitle] Subtitles 4 and 10, Annotated Code of
Maryland
.02
Incorporation by Reference.
A. (text unchanged)
B. Documents Incorporated.
(1) [Code of Federal
Regulations (CFR) - 40 CFR 141 (July 1, 2013):] 40 CFR §141.2 (July 1, 2026);
[(a) Record Maintenance (40 CFR § 141.33)
revised July 1, 2010;
(b) Lead and Copper Rule
(40 CFR §§ 141.80 - 141.91) revised July 1, 2010; and
(c) Reporting Requirements
(40 CFR § 141.31).]
(2) 40 CFR §121.28 (July 1, 2026);
(3) 40 CFR §141.31, as amended;
(4) 40 CFR §141.33, as amended;
(5) 40 CFR Part 141, Subpart I, as amended; and
[(2)] (6) (text unchanged)
SERENA MCILWAIN
Secretary
Title 27
CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
Subtitle 01 CRITERIA FOR
LOCAL CRITICAL AREA PROGRAM DEVELOPMENT
27.01.12 Variances
Authority: Natural Resources Article, §8-1806 and 8-1808, Annotated
Code of Maryland.
Notice of Proposed Action
[26-160-P]
The Critical Area Commission for the Chesapeake and Atlantic
Coastal Bays proposes to amend Regulations .02, .04, and .07
under COMAR 27.01.12 Variances.
This action was considered by the Critical Area Commission for the
Chesapeake and Atlantic Coastal Bays at their meeting on August 19, 2026.
Statement of Purpose
The purpose of this action is to incorporate updates to Natural
Resources Article, §8-1808, Annotated Code of Maryland as a result of House
Bill 247 during the 2026 Maryland General Assembly Legislative session. The updates to the regulations are verbatim
from the statute.
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 Lisa Hoerger, Regulations Coordinator,
Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, 1804
West Street, Suite 100, or call 410-260-3478, or email to
[email protected]. Comments will be accepted through November 30, 2026.
A public hearing has not been scheduled.
.02 Local Program
Requirements.
A.—B. (text unchanged)
C. A local jurisdiction may not accept an application for a
variance to:
(1) Authorize a use that is not allowed by the Critical Area
land classification of the lot or parcel;
(2) Adjust the amount or type of mitigation required by Critical
Area regulations or a local Critical Area program;
(3) Provide relief that could be obtained through an available
administrative process that is approved as part of a local jurisdiction’s
Critical Area program; or
(4) Increase density beyond the maximum density of one dwelling
unit per 20 acres, in accordance with COMAR 27.01.02.05.
.04 Variance Standards.
A. A local jurisdiction may not grant a variance unless the
local jurisdiction makes written findings based on competent and substantial
evidence that:
[A.] (1) (text unchanged)
[B.] (2) The applicant has satisfied
each of the following variance provisions:
[(1)] (a) [Due] In
accordance with §B of this regulation, due to special features of the site
or special conditions or circumstances peculiar to the applicant’s land or
structure, a literal enforcement of the local Critical Area program would
result in an unwarranted hardship to the applicant;
[(2)] (b) [A]
In accordance with §C of this regulation, a literal interpretation of
the local Critical Area program would deprive the applicant of a use of land or
a structure permitted to others in accordance with the provisions of the local
Critical Area program;
[(3)] (c)—[(5)] (e) (text
unchanged)
[(6)] (f) The granting of the variance
would not adversely affect water quality or adversely impact fish, wildlife, or
plant habitat within the jurisdiction’s local Critical Area; [and]
[(7)] (g) The granting of the variance
would be in harmony with the general spirit and intent of the Critical Area
law, the regulations in this subtitle, and the local Critical Area program[.];
(h) The granting of the variance fulfills a substantial need
that is not based on convenience, personal preference, or financial advantage;
and
(i) The variance request demonstrates that the development
cannot be located outside a habitat protection area.
B. Excluding a new additional or accessory dwelling unit as
defined under an approved local Critical Area program, when an applicant requests
a variance for a new accessory structure or use and applies the requirements of
§A(2)(a) of this regulation, a rebuttable presumption exists that an existing
accessory structure or use on the parcel or lot demonstrates reasonable and
significant use.
C. Excluding a new additional or accessory dwelling unit as
defined under an approved local Critical Area program, when an applicant
applies the requirements of §A(2)(b) of this regulation, the applicant shall
make a comparison to other accessory structures that:
(1) Are located in the Critical Area;
(2) Were developed after the adoption of the local
jurisdiction’s Critical Area program;
(3) Were conforming and legally authorized at the time of
development;
(4) Are similarly situated; and
(5) If located in a Modified Buffer Area, were developed in
accordance with requirements for Modified Buffer Areas under the local
jurisdiction’s Critical Area program.
.07 Variance Appeals.
A.—C. (text unchanged)
D. A local board of appeals
shall:
(1) Hear on the record an appeal of an administrative officer’s
decision on a Critical Area variance application; and
(2) Grant deference to the administrative officer’s findings of
fact.
ERIK FISHER
Chair
Errata
COMAR 05.22
At 53:21 Md. R. 1043 (October 16, 2026),
column 1, lines 14 and 15 from the top:
For: COMAR 05.22.01 Tenant’s Exclusive
Negotiation Period and Right of First Refusal; and
Read: COMAR 05.22.01 Landlord and Tenant
Regulations; and
[26-22-13]
Special Documents
MARYLAND DEPARTMENT OF THE
ENVIRONMENT
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: September 1—30, 2026.
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: [email protected].
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 (f) for the time period
specified above.
Approvals by Rule - Issued Under 18 CFR 806.22(f):
1. RENEWAL - Expand Operating LLC; Pad ID: Van Order Pad;
ABR-201107042.R3; Herrick Township, Bradford County, Pa.; Consumptive Use of Up
to 7.5000 mgd; Approval Date: September 8, 2026.
2. RENEWAL - BKV Operating, LLC; Pad
ID: Kile; ABR-201103026.R3; Washington Township, Wyoming County, Pa.;
Consumptive Use of Up to 5.0000 mgd; Approval Date: September 14, 2026.
3. RENEWAL - Coterra Energy Inc.; Pad
ID: Mogridge P1; ABR-201108005.R3; Springville Township, Susquehanna County,
Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: September 14, 2026.
4. RENEWAL - Expand Operating LLC; Pad
ID: Joe; ABR-201108014.R3; Wilmot Township, Bradford County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: September 14, 2026.
5. RENEWAL - Expand Operating LLC; Pad
ID: Lyncott Corp Pad; ABR-201107044.R3; New Milford Township, Susquehanna
County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: September 14,
2026.
6. RENEWAL - Repsol Oil & Gas USA,
LLC; Pad ID: EVERTS (03 086) P; ABR-201606006.R2; Columbia Township, Bradford
County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: September 14,
2026.
7. RENEWAL - Seneca Resources Company,
LLC; Pad ID: D08-M; ABR-201507007.R2; Norwich Township, McKean County, Pa.;
Consumptive Use of Up to 4.0000 mgd; Approval Date: September 14, 2026.
8. RENEWAL - EQT ARO LLC; Pad ID:
Lycoming H&FC Pad E; ABR-201105013.R3; Cogan House Township, Lycoming
County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: September 16,
2026.
9. RENEWAL - Expand Operating LLC; Pad
ID: Bark'em Squirrel Pad; ABR-201107045.R3; New Milford Township, Susquehanna
County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: September 16,
2026.
10. RENEWAL - Expand Operating LLC; Pad
ID: Hillis; ABR-201108035.R3; Herrick Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: September 16, 2026.
11. RENEWAL - Expand Operating LLC; Pad
ID: Susan; ABR-201108036.R3; Auburn Township, Susquehanna County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: September 16, 2026.
12. RENEWAL - Expand Operating LLC; Pad
ID: Tyler; ABR-201108034.R3; Auburn Township, Susquehanna County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: September 16, 2026.
13. RENEWAL - EQT ARO LLC; Pad ID: COP
Tr 289 Pad D; ABR-201008030.R3; McHenry Township, Lycoming County, Pa.;
Consumptive Use of Up to 4.0000 mgd; Approval Date: September 25, 2026.
14. RENEWAL - EQT ARO LLC; Pad ID: H
Lyle Landon Pad A; ABR-201106020.R3; Cogan House Township, Lycoming County,
Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: September 25, 2026.
15. RENEWAL - EQT ARO LLC; Pad ID:
Larrys Creek F&G Pad H; ABR-201106019.R3; Cummings Township, Lycoming
County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: September 25,
2026.
16. RENEWAL - EXCO Resources (PA), LLC;
Pad ID: Arthur Pad; ABR-201103018.R3; Franklin Township, Lycoming County, Pa.;
Consumptive Use of Up to 8.0000 mgd; Approval Date: September 25, 2026.
17. RENEWAL - Expand Operating LLC; Pad
ID: Jag; ABR-201109002.R3; Franklin Township, Bradford County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: September 25, 2026.
18. RENEWAL - Expand Operating LLC; Pad
ID: Mad Dog; ABR-201108021.R3; Wilmot Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: September 25, 2026.
19. RENEWAL - Repsol Oil & Gas USA,
LLC; Pad ID: CAMP COMFORT (07 185); ABR-201106025.R3; Middletown Township,
Susquehanna County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date:
September 25, 2026.
20. RENEWAL - Repsol Oil & Gas USA,
LLC; Pad ID: COOLEY (05 004) P; ABR-201007099.R3; Orwell Township, Bradford
County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: September 25,
2026.
21. RENEWAL - Repsol Oil & Gas USA,
LLC; Pad ID: Sawyer 376; ABR-201007061.R3; Union Township, Tioga County, Pa.;
Consumptive Use of Up to 6.0000 mgd; Approval Date: September 25, 2026.
22. RENEWAL - Blackhill Energy LLC; Pad
ID: REITER 1H Pad; ABR-201008048.R3; Ridgebury Township, Bradford County, Pa.;
Consumptive Use of Up to 4.9990 mgd; Approval Date: September 29, 2026.
23. RENEWAL - EXCO Resources (PA), LLC;
Pad ID: Cadwalader Pad; ABR-201103039.R3; Cogan House Township, Lycoming County,
Pa.; Consumptive Use of Up to 8.0000 mgd; Approval Date: September 29, 2026.
24. RENEWAL - Expand Operating LLC; Pad
ID: Bernstein Pad; ABR-201107052.R3; Clifford
and Lenox Townships, Susquehanna County, Pa.; Consumptive Use of Up to
7.5000 mgd; Approval Date: September 29, 2026.
25. RENEWAL - Expand Operating LLC; Pad
ID: Clark Pad; ABR-201107043.R3; Orwell Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: September 29, 2026.
26. RENEWAL - Expand Operating LLC; Pad
ID: Kerr B Drilling Pad #1; ABR-201109031.R3; Lathrop Township, Susquehanna
County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: September 29,
2026.
27. RENEWAL - Expand Operating LLC; Pad
ID: LKM; ABR-201109014.R3; Litchfield Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: September 29, 2026.
28. RENEWAL - Expand Operating LLC; Pad
ID: McGroarty; ABR-201109012.R3; Albany Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: September 29, 2026.
29. RENEWAL - Expand Operating LLC; Pad
ID: Savage Drilling Pad #1; ABR-201108018.R3; Elkland Township, Sullivan
County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: September 29,
2026.
30. RENEWAL - Repsol Oil & Gas USA,
LLC; Pad ID: BENNETT (05 164) R; ABR-201107049.R3; Stevens Township, Bradford
County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: September 29,
2026.
31. RENEWAL - Repsol Oil & Gas USA,
LLC; Pad ID: Foti 721; ABR-201007118.R3; McNett Township, Lycoming County, Pa.;
Consumptive Use of Up to 6.0000 mgd; Approval Date: September 29, 2026.
32. RENEWAL - Repsol Oil & Gas USA,
LLC; Pad ID: Taylor 718; ABR-201007016.R3; Liberty Township, Tioga County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: September 29, 2026.
33. RENEWAL - Repsol Oil & Gas USA,
LLC; Pad ID: WALTERS (05 001) J; ABR-201007096.R3; Herrick Township, Bradford
County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: September 29,
2026.
Authority: Public Law 91-575, 84 Stat. 1509 et seq.,
18 CFR parts 806 and 808.
JASON E. OYLER,
General Counsel and Secretary to the Commission.
Dated: October
7, 2026
[26-22-05]
Grandfathering Registration Notice
AGENCY: Susquehanna River Basin
Commission.
ACTION: Notice.
SUMMARY: This notice lists
Grandfathering Registration for projects by the Susquehanna River Basin
Commission during the period set forth in DATES.
DATES: September 1-30, 2026.
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: [email protected].
Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This
notice lists GF Registration for projects, described below, pursuant to 18 CFR
Part 806, Subpart E, for the time period specified above:
1. Mars Wrigley
Confectionery US, LLC – Elizabethtown Plant, GF Certificate No. GF-201903027,
Elizabethtown Borough, Lancaster County, Pa.; Well 6; Reissue Date: September 29, 2026.
Authority: Public Law 91-575, 84 Stat. 1509 et seq.,
18 CFR parts 806 and 808.
JASON E. OYLER,
General Counsel and Secretary to the Commission.
Dated: October
7, 2026
[26-22-07]
Minor Modification Approval
AGENCY: Susquehanna River Basin
Commission.
ACTION: Notice.
SUMMARY: This notice lists the minor
modifications approved for previously approved projects by the Susquehanna
River Basin Commission during the period set forth in DATES.
DATES: September 1-30, 2026
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: [email protected].
Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This
notice lists previously approved projects, receiving approval of minor
modification or a corrective modification, described below, pursuant to 18 CFR
§ 806.18 or to Commission Resolution Nos. 2013-11 and 2015-06, for the
time period specified above.
1. Expand Operating
LLC – Susquehanna River – Standing Stone Twp (Franklin) Docket No. 20260615,
Standing Stone Township, Bradford County, Pa.; modification approval to change
the intake design; Approval Date: September
2, 2026.
2. New York State – Office of Parks, Recreation, and Historic
Preservation – Indian Hills State Golf Course Docket No. 20260616, Towns of
Erwin and Lindley, Steuben County, NY.; modification approval to change the
intake design; Approval Date: September
3, 2026.
Authority: Public Law 91-575, 84 Stat. 1509 et seq.,
18 CFR parts 806 and 808.
JASON E. OYLER,
General Counsel and Secretary to the Commission.
Dated: October
7, 2026
[26-22-06]
Public Hearing
AGENCY:
Susquehanna River Basin Commission.
ACTION:
Notice.
SUMMARY: The Susquehanna River Basin
Commission will hold a public hearing on October 28, 2026. The Commission will
hold this hearing in person and telephonically. At this public hearing, the
Commission will hear testimony on the projects and actions listed in the
Supplementary Information section of this notice. In addition to the projects listed below, the
Commission will also hear testimony on its proposed Access to Records Policy
and its Draft Regulatory Program Fee Schedule.
Such projects and actions are intended to be scheduled for Commission
action at its next business meeting, scheduled for December 10, 2026, 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 November 9, 2026.
DATES: The
public hearing will convene on October 28, 2026, at 5:00 p.m. The public
hearing will end at 8:00 p.m. or at the conclusion of public testimony,
whichever is earlier. The deadline for submitting written comments is Monday,
November 9, 2026.
ADDRESSES: This
public hearing will be conducted in person and telephonically. 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: Andrew Zerby, Assistant Counsel,
telephone: (717) 238-0423 or [email protected].
Information concerning the project
applications is available at the Commission’s Water Application and Approval
Viewer at https://www.srbc.gov/waav.
Information regarding the proposed Access to Records Policy and the
draft Regulatory Program Fee Schedule can be found at https://www.srbc.gov/regulatory/public-participation/.
SUPPLEMENTARY
INFORMATION: The public hearing will also cover the
following projects:
Projects Scheduled
for Action:
1. Project
Sponsor: Allegheny Mountain Spring
Water, Incorporated. Project
Facility: Roaring Spring, Roaring Spring
Borough, Blair County, Pa. Application
for consumptive use of up to 0.099 mgd (30-day average).
2. Project Sponsor
and Facility: Ephrata Area Joint
Authority, Ephrata Borough, Lancaster County, Pa. Application for groundwater withdrawal of up
to 1.210 mgd (30-day average) from Well 1.
3. Project Sponsor
and Facility: Expand Operating LLC
(Susquehanna River), Terry Township, Bradford County, Pa. Application for surface water withdrawal of
up to 3.000 mgd (peak day).
4. Project
Sponsor: Hickory Heights, Inc. Project Facility: Hickory Heights Golf Club, North Codorus
Township, York County, Pa. Application
for consumptive use of up to 0.099 mgd (30-day average).
5. Project
Sponsor: Knoebels Three Ponds, Inc. Project Facility: Knoebels Three Ponds Golf Course, Ralpho
Township, Northumberland County, Pa.
Application for consumptive use of up to 0.249 mgd (30-day
average).
6. Project Sponsor
and Facility: Milton Hershey School,
Derry Township, Dauphin County, Pa.
Applications for consumptive use of up to 1.125 mgd (peak day) and
groundwater withdrawals (30-day averages) of up to 0.250 mgd from Well 1,
0.720 mgd from Well 3, 0.144 mgd from Well 4, 0.343 mgd from Well 6, 0.150
mgd from Well 7, and 0.103 mgd from Well 8.
7. Project
Sponsor: Pennsylvania – American Water
Company. Project Facility: Frackville District, West Mahanoy Township,
Schuylkill County, Pa. Application for
groundwater withdrawal of up to 0.192 mgd (30-day average) from Well 5.
8. Project Sponsor
and Facility: Range End Golf Club, Inc.,
Carroll Township, York County, Pa.
Applications for consumptive use of up to 0.240 mgd (peak day) and
groundwater withdrawal 0.113 mgd (30-day average) from Well 1.
9. Project
Sponsor: Saddleview Properties LLC. Project Facility: Stone Hedge Country Club, Tunkhannock
Township, Wyoming County, Pa.
Applications for surface water withdrawal of up to 0.249 mgd (peak day)
from Osterhout Creek and consumptive use of up to 0.249 mgd (30-day
average).
10. Project Sponsor
and Facility: Sterman Masser, Inc. (Deep
Creek), Hegins Township, Schuylkill County, Pa.
Application for surface water withdrawal of up to 0.274 mgd (peak day).
11. Project
Sponsor: Willow Valley Associates,
Inc. Project Facility: Willow Valley Golf Course, West Lampeter
Township, Lancaster County, Pa.
Application for consumptive use of up to 0.099 mgd (30-day
average).
The proposed Access to Records Policy is an update to the
Commission’s existing 2009 policy. The
Commission is clarifying its procedures concerning confidential information
requests by project sponsors and recognizing the Access to Records regulation
at 18 C.F.R. §801.14 adopted in 2018.
The draft Regulatory Program Fee Schedule adds the Consumer Price
Index adjustment for the Mid-Atlantic Region to most fees, which is 3.9% for
the preceding 12 months. The proposed
fee schedule also adds pre-application and technical assistance to project
sponsors as an activity to be funded under the current annual fee. The fee is proposed to be renamed the Annual
Monitoring, Compliance and Assistance to Projects (AMCAP) Fee. This fee will begin to support the
Commission’s Public Water Supply Assistance Program as well as its efforts to
provide technical assistance to small projects and pre-application assistance
to all project sponsors. The proposed
fee schedule also adjusts some terminology involving well grouping/well field
determinations by the Commission, as well as adds the fee for the recently
enacted General Permit GP-04. The
proposal also includes language clarifying the Commission’s ability to assess a
late fee for materially late payments due to the Commission consistent with 18
C.F.R. §806.33.
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 Andrew Zerby at [email protected] 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 4:45 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. Andrew Zerby, Assistant
Counsel 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, November 9, 2026.
Authority: Pub.
L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.
Dated: October 1, 2026
JASON E. OYLER,
General Counsel and Secretary to the Commission
[26-22-03]
WATER AND SCIENCE
ADMINISTRATION
NOTICE OF FINAL DETERMINATION
General Permit for Discharges from Tanks,
Pipes, Other Liquid Containment Structures, Dewatering Activities, and
Groundwater Remediation: 25HT, NPDES Permit: MDG67
The Maryland Department of the Environment (MDE) has made a final
determination to reissue the State/National Pollution Discharge Elimination
System (NPDES) General Permit for Discharges from Tanks, Pipes, Other Liquid
Containment Structures, Dewatering Activities, and Groundwater Remediation. The
Maryland General Permit No. 25HT replaces the Maryland General Permit No. 17HT,
which expired on July 31, 2025.
A public notice on the tentative determination to reissue the permit was
published on June 26, 2026, in the Maryland Register and in twenty-two
newspapers throughout the state of Maryland during the weeks of June 15 through
June 26, 2026. The Department held a hybrid public hearing concerning the
tentative determination on Monday, August 24, 2026 starting at 4pm. In addition
to the on-line hearing, the in-person hearing was held at the Owings Mills
Branch of the Baltimore County Public Library. The Department received comments
on the draft permit through August 13, 2026.
After considering all
comments received during the comment period, the Department has made a final
determination to issue the permit. Listed below are the major revisions to the
tentative determination included in the Department’s final determination:
*The reference to
Note (16) in the tables under Category D is removed (typographical error, as
there is no Note (16)).
*Category B includes
additional language to clarify it covers hydrants associated with potable water
systems.
*Category C,
Narrative Requirement 5 has been updated to remove the reference to reporting
because this category is not subject to numerical reporting.
*Category E has been
updated, including a title change and clarifying language, a tiered monitoring
schedule based on flow for certain parameters, and additional narrative
requirements for chlorine.
*Language in Part
II.C.2.b has been updated to address concerns with LLC signatory requirements.
*Part IV.E has been
updated to provide clarity regarding notification requirements.
*Part V.M.6 has been
removed to address security/restriction concerns.
Any person adversely affected by this final determination may file
a petition for judicial review. Petitions for judicial review of a final
determination or permit decision subject to judicial review must be filed in
accordance with §1-605 of the Environment Article no later than December 7,
2026 and must be filed in a circuit court in Maryland. Petitions for judicial
review must conform to the applicable Maryland Rules of Civil Procedure.
Failure to file a petition for judicial review by December 7, 2026, will
constitute a waiver of any right to a judicial review of this final
determination.
To view and print the final
permit and response documents, you may use this link
https://mdewwp.page.link/HTGP.
Any questions should be
directed to the Maryland Department of the Environment, Water Management
Administration, 1800 Washington Blvd., Ste. 455, Baltimore, MD 21230-1708,
Attn: Jonathan Rice, Industrial and General Permits Division, at
[email protected], or by telephone at 410-537-3323 between the hours
of 8:00 a.m. and 5:00 p.m., Monday through Friday. Copies of the document may be obtained for
$0.36 per page.
|
Project
Manager (x extension)
|
|
John Graff (x
3709)
|
[26-22-10]
NOTICE OF TENTATIVE DETERMINATION AND
PUBLIC HEARING
General Permit for Discharges from Marinas
(including boat yards and yacht basins)
Permit No. 25-MA (NPDES No. MDG99)
The Department proposes to reissue the State/NPDES (National
Pollution Discharge Elimination System) general discharge permit for Discharges
from Marinas including Boat Yards and Yacht Basins 16MA0000 / MDG99000 with the
renewal designation of 25MA0000 (25MA).
The permit applies to discharges of stormwater and certain wastewater
from marinas, boat yards, and yacht basins in the State of Maryland. This
permit replaces the 16MA, which expired on July 31, 2022.
Listed below are the
revisions included in the Department’s tentative determination:
* Updated renewal language
* Water monitoring and
additional controls requirements in impaired watershed
* Updated signage Requirement
* Considerations to address
climate adaptation
* Clarification for owners
responsibility in relation to slip holders doing their own work
* PFAS considerations in the
Stormwater Pollution Prevention Plan (SWPPP)
* Updated Standard Permit
conditions
The draft permit, fact sheet , appendices, and a detailed summary
of changes are available on MDE’s website at https://mdewwp.page.link/MAGP.
Hard copies of these documents may also be obtained directly from the
Department at a cost of $0.36 per page.
A hybrid hearing has been
scheduled for December 2nd, beginning at 6 PM. The in-person hearing
will be held in the Queen Anne's County Library Kent Island Branch 200 Library
Cir, Stevensville, MD 21666.
The virtual event may be
joined via Google Meet. To participate online, you MUST register using the
following link: https://mdewwp.page.link/PublicMeetings. There is also a phone listen-only option.
Those who want to monitor the virtual hearing in listen-only mode can call +1
904-323-0437 and enter this PIN: 992 954 613#.
The in-person meeting location is accessible to individuals with
disabilities as defined under the Americans with Disabilities Act (ADA).
Individuals who require reasonable accommodation or a language interpreter to
participate in the meeting should contact MDE by email at
[email protected] or call 410-537-3152 (MD Relay TTY: 7-1-1) at
least 5 business days in advance of the meeting.
Any hearing-impaired person
may request an interpreter for the event by contacting the Office of Fair
Practices at (410) 537-3964 at least ten working days before the scheduled
hearing date. TTY users should contact
the Maryland Relay Service at 1-800-201-7165.
Master general permits
provide coverage throughout the state of Maryland. An Environmental Justice
score cannot be calculated since they are not associated with any specific
location. Thus, they are not subject to MD Environmental Article §1–602(a)(2).
Persons who wish to make a
comment regarding the draft permit may speak at the public hearing or submit
written comments to the Department no later than 5:00 PM on December 9, 2026. Written comments may be submitted by mail,
email or fax. Mail comments to the Maryland Department of the Environment,
Water and Science Administration, 1800 Washington Boulevard, Ste. 455,
Baltimore, MD 21230-1708, Attn: Paul Hlavinka, Industrial Stormwater Permits
Division. Email comments to [email protected]. Fax comments to (410) 537-3163, attention
Paul Hlavinka. Any questions regarding the proposed permit should be directed
to Casey Leach at [email protected] or by telephone at 410-537-3323,
between the hours of 8:00 AM and 5:00 PM, Monday through Friday.
[26-22-15]
NOTICE OF FINAL DETERMINATION
General Permit for Discharges from the
Application of Pesticides State Discharge Permit: 25PE, NPDES Permit: MDG87
The Maryland Department of the Environment (MDE) has made a final
determination to reissue the State/National Pollution Discharge Elimination
System (NPDES) General Permit for Discharges from the Application of Pesticides
(Maryland General Permit No. 25-PE) which authorizes the point source
discharges of biological pesticides, and chemical pesticides that leave a
residue, to waters of this State. The Maryland General Permit No. 25-PE
replaces the Maryland General Permit No. 17-PE, which expired on March 31,
2025.
A public notice on the
tentative determination to reissue the permit was published on June 26, 2026,
in the Maryland Register and in twenty-two newspapers throughout the state of
Maryland during the weeks of June 15 through June 26, 2026. The Department held
a hybrid public hearing concerning the tentative determination on Monday,
August 24, 2026 starting at 4pm. In addition to the on-line hearing, the
in-person hearing was held at the Owings Mills Branch of the Baltimore County
Public Library. The Department received comments on the draft permit through
August 13, 2026.
After considering all
comments received either in writing during the comment period, the Department
has made a final determination to issue the permit. Listed below are the major
revisions to the tentative determination included in the Department’s final
determination:
* Appendix E is
updated to refer applicants to MDNRs Aquatic Resources Pre-Screening Tool to
determine presence of desirable species.
* The Signatory Language for a Limited
Liability Company (LLC) was corrected.
[26-22-11]
NOTICE
OF TENTATIVE DETERMINATION AND PUBLIC HEARING
General
Permit for Discharges from Mineral Mines, Quarries, Borrow Pits, and Concrete
and Asphalt Plants, Maryland General Permit No. 26-MM (NPDES No. MDG49)
The Department proposes to reissue the State/NPDES (National
Pollution Discharge Elimination System) general discharge permit for Discharges
from Mineral Mines, Quarries, Borrow Pits, and Concrete and Asphalt Plants,
Maryland General Permit No. 26MM0000 / MDG49000 with the renewal designation of
26MM0000 (26MM). The permit applies to
discharges of stormwater and certain wastewater discharges from Mineral Mines,
Quarries, Borrow Pits, and Concrete and Asphalt Plants in the State of
Maryland. This permit replaces the 15MM, which expired on April 30, 2022.
The permit requires specific
control measures and limitations for operations that include mineral mines,
asphalt and concrete plants. When the
permit is formally adopted, operators currently covered by the 15MM permit will
have 6 months to file a notice of intent (NOI) with the Department to obtain
coverage.
The proposed permit continues the 15MMs
narrative standards, water quality-based limits and technology-based limits,
which had been established for each specific type of industrial and resulting
discharge regulated. The permit also requires a stormwater pollution prevention
plan (SWPPP), on-line reporting requirements and Corrective Actions.
Significant Revisions:
* Inclusion of climate change adaptation requirements
* Inclusion of environmental justice considerations
including signage and reporting
* Improvements to Use Polymers to Reduce Turbidity
* Addressing No Exposure Concerns for Asphalt or
Concrete Plants
* Updated Corrective
Actions and Additional Implementation Measures (AIM) consistent with
Departments recently issued permits
* PFAS considerations
in the Stormwater Pollution Prevention Plan (SWPPP)
*
Updated Standard Permit conditions
The draft permit, fact sheet,
appendices, and a detailed summary of changes are available on MDE’s website at
https://mdewwp.page.link/MMGP.
Hard copies of these documents may also be obtained directly from the
Department at a cost of $0.36 per page.
A hybrid hearing has been scheduled for November 30, 2026 beginning
at 6 PM. The in-person hearing will be held in the Severn - Community Meeting
Room, at the Severn Library - Anne Arundel County Public Library, 2624
Annapolis Rd, Severn, MD 21144.
The virtual event may be joined via Google Meet. To participate online,
you MUST register using the following link: https://mdewwp.page.link/PublicMeetings. There is also a phone listen-only option.
Those who want to monitor the virtual hearing in listen-only mode can call +1
650-597-2414 and enter this PIN: 841 872 796#.
The in-person meeting location is accessible to individuals with
disabilities as defined under the Americans with Disabilities Act (ADA).
Individuals who require reasonable accommodation or a language interpreter to
participate in the meeting should contact MDE by email at
[email protected] or call 410-537-3152 (MD Relay TTY: 7-1-1) at
least 5 business days in advance of the meeting.
Any hearing-impaired person may request an interpreter for the event by
contacting the Office of Fair Practices at (410) 537-3964 at least ten working
days before the scheduled hearing date.
TTY users should contact the Maryland Relay Service at 1-800-201-7165.
Master general permits provide coverage throughout the state of
Maryland. An Environmental Justice score cannot be calculated since they are
not associated with any specific location. Thus, they are not subject to MD
Environmental Article § 1–602(a)(2).
Persons who wish to make a comment regarding the draft permit may speak
at the public hearing or submit a written comments to the Department no later
than 5:00 PM on December 7, 2026.
Written comments may be submitted by mail, email or fax. Mail comments
to the Maryland Department of the Environment, Water and Science
Administration, 1800 Washington Boulevard, Ste. 455, Baltimore, MD 21230-1708,
Attn: Paul Hlavinka, Industrial Stormwater Permits Division. Email comments to [email protected]. Fax comments to (410) 537-3163, attention
Paul Hlavinka.
[26-22-16]
TENTATIVE DETERMINATION TO ISSUE TWO NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) SMALL MUNICIPAL SEPARATE STORM SEWER
SYSTEM (MS4)
General Permits
The Maryland
Department of the Environment’s (MDE) has reached a Tentative Determination to
issue two National
Pollutant Discharge Elimination System (NPDES) General Permits for the
following:
1. Municipal Small
Municipal Separate Storm Sewer Systems (MS4), General Discharge Permit No.
26-IM-5500, NPDES
NO. MDR055500;
and
2. State and Federal
Small MS4, General Discharge Permit No. 26-SF-5501, NPDES NO.
MDR055501.
MDE has drafted these general permits designed to comply with the
United States Environmental Protection Agency’s (EPA) regulations and to
control stormwater pollutant discharges from small municipal separate storm
sewer systems. The permits are issued for five years.
These general permits
require municipalities and State and federal properties regulated under the
permits to implement the following six minimum control measures: public or
personnel education and outreach; public or personnel involvement and
participation; illicit discharge detection and elimination; construction site
stormwater runoff control; post-construction stormwater management; and
pollution prevention/good housekeeping. The permits also outline requirements
for impervious area restoration in small MS4s. This includes completing
restoration projects begun under the prior general permit to restore twenty
percent of untreated impervious area. In addition, implementation of new
restoration projects to treat an additional ten percent of untreated impervious
areas is required. These permit conditions will improve stormwater controls to
reduce the discharge of pollutants, protect water quality, and satisfy the
water quality requirements of federal regulations under the Clean Water Act.
Penalties for failure to comply with the terms of these permits are provided.
The Tentative Determination permits and fact sheets will be available on
MDE’s website at:
https://mde.maryland.gov/programs/water/StormwaterManagementProgram/Pages/NPDES_MS4_New.aspx.
Hard copies of the draft permits are available upon request at a cost of $0.36
per page.
MDE will hold three public hearings in accordance with COMAR 26.08.04
regarding this Tentative Determination. Each hearing will cover the same
information. TO JOIN VIRTUALLY, YOU MUST REGISTER ONLINE 12 HOURS PRIOR TO THE
HEARING AT THIS LINK: https://docs.google.com/forms/d/e/1FAIpQLSf5ZhcEDK0fEI2iPiJU7mVZG_x5ym2nj_vmsjCwYDjg8es4BQ/viewform. No registration is required for in-person
attendance. The hearings will be:
City of Frederick, C. Burr Artz Public Library, Community Room on
Thursday, December 3, 2026, at 6:00 PM at 110 E Patrick St, Frederick, MD
21701. Pre-register to join virtually. (In case of inclement weather, this
hearing will be held on December 15, 2026, at the same time and location.)
Town of North East, Cecil County Public Library, North East Meeting Room
on Tuesday, December 8, 2026, at 6:00 PM, at 485 Mauldin Ave, North East, MD
21901. Pre-register to join virtually. (In case of inclement weather, this
hearing will be held on December 16, 2026, at the same time and location.)
Town of Easton, Talbot County Free Library, Main Branch, Main Meeting
Room on Monday, December 17, 2026, at 6:00 PM at 100 W Dover St, Easton, MD
21601. Pre-register to join virtually. (In case of inclement weather, this
hearing will be held on January 7, 2027, at the same time and location.)
Individuals who
require reasonable accommodation or a language interpreter to participate in
one of the meetings should contact MDE by email at [email protected] or call 410-537-3152 (MD Relay TTY: 7-1-1) at
least 5 business days in advance of the meeting. A video recording and
transcript of the public hearings will be made available online.
Comments on this
Tentative Determination must be submitted to MDE within 90 days of this notice.
The standard 30-day period is extended by 60 days per Section 1-606(d)(1)(ii)
of the Environment Article. MDE will respond to all pertinent comments when issuing
a Final Determination. Once issued, qualifying interested persons under Section
1-601(c) of the Environment Article will have 30 days to request a judicial
review.
To submit comments or
request a hard copy of the permits, email [email protected] or send via U.S. Mail to the Maryland Department of the Environment,
Water and Science Administration, Stormwater, Dam Safety, and Flood Management
Program, 1800 Washington Boulevard, Baltimore, Maryland 21230-1708. For more
information regarding these permits and MDE's stormwater program, you may
contact Deborah Cappuccitti, Stormwater Program Review, at [email protected].
[26-22-17]
Water Quality Certification 26-WQC-0026
Chalk Point Power
Generating Station
25100 Chalk Point
Road
Aquasco, MD 20608
Attn: Glen Hicks
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 25-WQC-0026.
Location: 25100 Chalk Point Road, Aquasco, MD 20608
(Prince George)
The purpose of the
project is to keep the intake clear of substrate and maintain safe waterflow.
Description of
Authorized Work:
1.
Mechanically dredge a new
irregularly shaped 24,614 square foot area to a depth of 15 feet at mean low
water.
2.
Transport 4,208 cubic yards of
dredged material to an approved upland disposal site located at Edwin A. and
John O. O’Crandell, Inc. Disposal Placement Site located at 5360 Brown’s Way
Rd., Churchton, MD, 20733.
3.
Provide for periodic maintenance
dredging for six years.
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:
Kathryn Burcham at [email protected] or 410-537-3647.
[26-22-18]
Water Quality Certification
26-WQC-0028
Maryland Department of Natural Resources
580 Taylor Ave, D-3
Annapolis, MD
21404
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 26-WQC-0028.
Location: 5735 Beach Rd, Rock Hall, (Kent), MD 21661
The purpose of the
project is to protect and stabilize and existing shoreline.
Description of
Authorized Work:
Construct three stone breakwater within a
maximum of 35 feet channelward of the mean high water line.
Breakwater 1 - approximately 160 feet long by
23.5 feet wide, not to exceed 35 feet channelward of the mean
high water line; Breakwater 2 - approximately
158 feet long by 23.5 feet wide, not to exceed 35 feet
channelward of the mean high water line;
Breakwater 3 - 225 feet long by 23.5 feet wide, with all three
breakwaters not to exceed 35 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: Bronwyn Bare at [email protected] or 410-901-4042.
[26-22-19]
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.
