Land Regulations in Development

Up to Date as of March 24, 2017. 

Below is a list of land regulations which are in the process of being developed, reviewed, or revised by the Department.  

PurposeSolid Waste Program
Regulation Title
Solid Waste Management
Purpose
A review of the regulations pursuant to State Government Article, §§10-130-10-139 revealed the need to update these regulations due to changes in various statutes and cited regulations, and the Department's desire to incorporate some elements of 40 CFR Part 258, the federal regulations governing municipal solid waste landfills.
COMAR26.04.07
Relevant Statutory DeadlineNone
Target Effective DateJuly 1, 2018
Status
Land Management Administration is in the process of inventorying and evaluating the needed changes.  As we already believe changes are necessary, we will be assembling a work group to explore proposed areas of change, and help develop language.  Projected work group start Spring 2017.

PurposeSolid Waste Program
Regulation Title
Amendments concerning waste-derived fuel, incinerator permits.
Purpose
To clarify existing regulations governing incinerators and waste-to-energy facilities, and to provide requirements  for and certain exemptions for the use of fuels derived from solid waste.
COMAR26.04.07
Relevant Statutory DeadlineNone
Target Effective DateNovember 30, 2017
Status
The issue will be included as part of broader updates to COMAR 26.04.07, which will be discussed through a stakeholder workgroup projected to begin in Spring 2017.

PurposeSolid Waste Program
Regulation Title
Beneficial Use of Coal Combustion Byproducts
Purpose
These regulations are being developed to address the use and recycling of coal combustion byproducts.
COMAR26.04.12 (New Chapter)
Relevant Statutory DeadlineNone
Target Effective DateMay, 2018
Status
Proposed regulations published in Register on 2/26/10. The proposed regulations have expired. A new draft is being developed.

PurposeResource Management Program
Regulation Title
Hazardous Waste Land Disposal Restrictions
Purpose
Incorporates Federal land disposal restrictions program for hazardous waste into State regulations. EPA is implementing their own rules.
COMAR26.13.09
Relevant Statutory DeadlineNone
Target Effective DateDecember, 2017
Status
Beginning technical review.

PurposeResource Management Program
Regulation Title
Mixed Waste Rulemaking
Purpose
Conditionally exempts mixed waste (waste that is regulated as hazardous waste and is also radioactive) from most hazardous waste regulations provided it is managed in accordance with Nuclear Regulatory Commission regulations.
COMAR26.13.10
Relevant Statutory DeadlineNone
Target Effective DateDecember, 2017
Status
Finalizing technical review.

PurposeResource Management Program
Regulation Title
Hazardous Waste Identification Rule – Contaminated Media and Debris
Purpose
Establishes a Department approved remedial action plan as a form of permit when operations involved in cleaning up a contaminated site would otherwise trigger permit requirements for hazardous waste treatment or disposal.
COMAR26.13.02, 26.13.05, 26.13.06, 26.13.07
Relevant Statutory DeadlineNone
Target Effective DateDecember, 2017
Status
Finalizing technical review.

PurposeResource Management Program
Regulation Title
Scrap Tires
Purpose
The changes will update and modernize existing regulations on Scrap Tire Management in the State. The chapter is undergoing a major overhaul that will change limits for general collection licenses, change terms for licenses, create a scrap tire non-commercial transporter, reduce reporting requirements, etc.
COMAR26.04.08
Relevant Statutory DeadlineNone
Target Effective DateApril, 2018
Status
Under review by the Department.

PurposeOil Control Program
Regulation Title
Oil Pollution
Purpose
Chapter will be revised to move aboveground storage tanks into two new chapters (see 26.10.17 and .18) and make other necessary improvements
COMAR26.10.01
Relevant Statutory DeadlineNone
Target Effective DateDecember, 2017
Status
Draft being developed

PurposeOil Control Program
Regulation Title
Management of Used Oil
Purpose
Adopts federal regulations and adds requirements for spill reporting, permits, annual reports, closure and burning used oil.
COMAR26.10.15
Relevant Statutory DeadlineNone
Target Effective DateDecember, 2017
Status
Draft under Department review.

PurposeOil Control Program
Regulation Title
Field-Erected and Shop-Fabricated Aboveground Storage Tanks (New Chapters)
Purpose
Aboveground storage tank requirements for construction, performance, inspections, registration, and record keeping.
COMAR26.10.17, 26.10.18
Relevant Statutory DeadlineNone
Target Effective DateDecember, 2017
Status
Draft being developed.

PurposeOil Control Program
Regulation Title
UST Site Cleanup Reimbursement
Purpose
Chapter will be revised to remove obsolete language and update current policies on reimbursements.
COMAR26.10.14
Relevant Statutory DeadlineNone
Target Effective DateDecember, 2017
Status
Draft under Department Review

PurposeLand Restoration Program
Regulation Title
Hazardous Substance Notification Regulations
Purpose
To establish regulations requiring that the Department be notified of a release or threat of release of hazardous substances into the environment from a responsible person.  It creates a threshold notification standard for the purpose of determining a reporting requirement.
COMAR26.14.02
Relevant Statutory DeadlineFor Regulations: 6/30/09. To begin notification: 101/09.
Target Effective DateOctober, 2017
Status
Draft regulations under development.  At the present time, the Department is considering different options for establishing notification standards that are protective of public health and the environment.

PurposeSolid Waste Program
Regulation Title
Management of Coal Combustion Byproducts
Purpose
Changes needed to the existing regulations governing coal ash, due to the promulgation of federal regulations governing coal ash that became effective in October 2015.
COMAR26.04.10
Relevant Statutory DeadlineFederal regulations encourage incorporation within 18 months of October 19, 2015
Target Effective DateMay, 2018
Status
Land Management Administration is in the process of inventorying and evaluating the needed changes.  As we already believe changes are necessary, we have assembled a workgroup to explore proposed areas of change, and help develop language.  The first workgroup meeting was held on May 2, 2016.

Number of Land Regulations in Development: 13

Contact Information

For more information please email the Resource Management Program.​​​