Air & Radiation Regulations Public Hearings, Meetings and Request for Comments

Current Hearing Announcements

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Historic Hearing Info/Comments Closed


caretNotice of public hearing/comment period concerning the following proposed action: Amend Regulation .04 under COMAR 26.11.43 Advanced Clean Trucks.

The Maryland Department of the Environment held a public hearing on October 23rd, 2024. The comment period is closed.

The purpose of this action is to extend the lead-time manufacturers are eligible to earn credits under this program by an additional year. The amendment appears in Regulation .04 titled Applicability and Exemptions under COMAR 26.11.43 Advanced Clean Trucks Program.

The Advanced Clean Trucks Program will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan (SIP).

The full text of the proposed regulatory action appears in the Maryland Register at https://dsd.maryland.gov/Pages/MDRegister.aspx on Sept. 20, 2024.

Click here to view the Fact Sheet for the amendments to COMAR 26.11.43.​

For more information, please contact:

Mr. Justin Mabrey, Division Chief of Engineering & Tech
Mobile Sources Program
Air and Radiation Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720
Telephone: (410) 537-4165

Email: mde.mobilecomments@maryland.gov​​


caretNotice of public hearing/comment period concerning the following proposed action: New Subtitle COMAR 26.28 – Building Energy Performance Standards for new Regulations .01 - .04 and withdrawal of the proposed 2023 Building Energy Performance Standards.

The Maryland Department of the Environment held a public hearing on October 9, 2024. The commenting period is closed.

The purpose of this action is to create the Maryland Building Energy Performance Standards (BEPS) as required by the Climate Solutions Now Act (CSNA) of 2022. See, in relevant part, Title 2, Subtitle 16 of the Environment Article, Annotated Code of Maryland. The 2023 BEPS proposed action has been withdrawn, and a new 2024 BEPS action has been proposed.

The full text of the proposed regulatory action appears in the Maryland Register at https://dsd.maryland.gov/Pages/MDRegister.aspx on September 6, 2024.

For more information, please call or e-mail:
Mr. Mark Stewart, Program Manager
Climate Change Program
Air and Radiation Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720
Telephone: (410) 537-3183
Email: BEPS.MDE@maryland.gov

This action will not be submitted to the U.S. Environmental Protection Agency (EPA) as part of Maryland's State Implementation Plan (SIP).

The following is a list of supporting documents for the new Chapter COMAR 26.28. Click below to view each:

  • Complete Technical Support Document with regulation and appendices 
    • Appendix A: TM 24-01 Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards, July 2024
    • Appendix B: Identification of Potentially Covered Buildings
    • Appendix C: 2024 Maryland BEPS Impact Analysis Update
    • Appendix D: Impact of Maryland BEPS Targets on Peak Loads
    • Appendix E: Two Birds, One Stone – BEPS Overview at Montgomery County Energy Summit – April 15, 2024
    • Appendix F: Electric and Gas Company Reporting Requirements Working Group Session 1 – June 3, 2024 (MDE slide deck)
    • Appendix G: Electric and Gas Company Reporting Requirements Working Group Session 1 – June 3, 2024 (ENERGY STAR slide deck)
    • Appendix H: BEPS Overview to Energy Service Companies – June 11, 2024
    • Appendix I: Electric and Gas Company Reporting Requirements Working Group Session 2 – July 11, 2024 (MDE slide deck)
    • Appendix J: Electric and Gas Company Reporting Requirements Working Group Session 2 – July 11, 2024 (ENERGY STAR slide deck)
    • Appendix K: BEPS Overview to Maryland BEPS Cohort for Local Government – July 17, 2024
    • Appendix L: BEPS AQCAC Presentation – July 29, 2024
    • Appendix M: BEPS Informational Session 1: How to Get Started: Decarbonizing Large Buildings – August 6, 2024
    • Appendix N: BEPS Informational Session 2: Dr. Decarb Answers Questions About Building Standards – August 13, 2024
    • Appendix O: Electric and Gas Company Reporting Requirements Working Group Session 3 – August 15, 2024
    • Appendix P​: BEPS Informational Session 3: Clean Buildings for All: Leaving No One Behind – August 22, 2024​​​

caretNotice of public hearing/comment period concerning the following proposed action: Amend Regulations .03-.06 and .09-.11 under COMAR 26.11.42 Control of Methane Emissions from Municipal Solid Waste Landfills.​

The Maryland Department of the Environment held a public hearing on June 17, 2024. The commenting period is closed. 

The purpose of this action is to amend the recently adopted regulation COMAR 26.11.42 – Control of Methane Emissions from Municipal Solid Waste (MSW) Landfills. The amendments provide clarification to certain requirements and standards for owners and operators of MSW landfills in Maryland, makes stylistic and technical corrections, and better aligns the regulation with federal requirements for MSW landfills.

The proposed action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's state plan for MSW landfills under the Clean Air Act (CAA) section 111(d).

The Department adopted and finalized this regulation as of July 26, 2024 as published in the Maryland Register​. The full regulation text became effective August 5, 2024 and can be located by clicking h​ere.​

Click here​ to view the Fact Sheet and Regulation proposal.

For more information, call or email:

Carolyn A. Jones, Division Chief of Regulation Development
Air Quality Planning Program
Maryland Department of the Environment
1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-172
Telephone (410) 537-4210

Email carolyna.jones@maryland.gov


caretNotice of public hearing/comment period concerning the following proposed action: Repeal of Regulation .24 from COMAR 26.11.03 Permits, Approvals, and Registration - Title V Permits.

The Maryland Department of the Environment held a public hearing on May 20, 2024. The commenting period is closed. 

The purpose of this action is to repeal Regulation .24 from COMAR 26.11.03 Permits, Approvals, and Registration — Title V Permits.

This action will not be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan.

The Department adopted and finalized this regulation as of July 26, 2024 as published in the Maryland Register​. The full regulation text became effective August 5, 2024 and can be located by clicking h​ere.​​

Click here to view the Fact Sheet and Regulation proposal.​

For more information, call or email:

Ms. Suna Sariscak
Program Manager of the Air Quality Permits Program
Maryland Department of the Environment
1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-172
Telephone (410) 537-4129

Email: suna.sariscak@maryland.gov ​​​


caretNotice of public hearing/comment period concerning the following proposed action: New Subtitle COMAR 26.28 - Building Energy Performance Standards for new Regulations .01 - .04.

The Maryland Department of the Environment held a public hearing on Janaury 18, 2024. The commenting period is closed. 

The purpose of this action is to create the Maryland Building Energy Performance
Standards (BEPS) as required by the Climate Solutions Now Act (CSNA) of 2022. See,
in relevant part, Title 2, Subtitle 16 of the Environment Article, Annotated Code of
Maryland.

The full text of the proposed regulatory action appeared in the Maryland Register at https://dsd.maryland.gov/Pages/MDRegister.aspx on December 15, 2023.

For more information, call or e-mail:
Mr. Mark Stewart, Program Manager
Climate Change Program
Air and Radiation Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720
Telephone: (410) 537-3228​
Email: BEPS.MDE@maryland.gov

This action will not be submitted to the U.S. Environmental Protection Agency (EPA) as part of Maryland’s State Implementation Plan (SIP).

View the following supporting documents for the new Chapter COMAR 26.28 using the links below: 


caret​​​Notice of public hearing/comment period concerning the following proposed action: Amendments to Regulations .02 - .03 under COMAR 26.11.40 NOx Ozone Season Emission Caps for Non-trading Large NOx Units.

The Maryland Department of the Environment held a public hearing on January 4, 2024. The commenting period is closed. 

The Department adopted and finalized this regulation as of April 5, 2024 as published in the Maryland Register​. The full regulation text became effective April 15, 2024 and can be located by clicking h​ere.

The purpose of this action is to propose amendments to Regulations .02 - .03 under Chapter COMAR 26.11.40 - NOx Ozone Season Emission Caps for Non-trading Large NOx Units to update certain facilities ozone season emission caps and update a reference to the EPA's Cross State Air Pollution Rule trading program.

This action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's SIP.

Click here to view the Fact Sheet and Regulation pr​oposal​​.​​

For more information, call or email:

Mr. Randy Mosier
Deputy Program Manager of the Air Quality Planning Program
Maryland Department of the Environment
1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-172
Telephone (410) 537-4488

Email randy.mosier@maryland.gov


caretNotice of public hearing/comment period concerning the following proposed action: New COMAR 26.11.43 - Advanced Clean Trucks

The Maryland Department of the Environment held a public hearing on October 11, 2023. The commenting period is closed. 

A Response to Comments (RTC) document has been prepared since the hearing.

The Department adopted and finalized this regulation as of December 15, 2023 as published in the Maryland Register​. The full regulation text became effective December 25, 2023 and can be located by clicking h​ere.

The purpose of this proposed action is to adopt regulations implementing California's Advanced Clean Trucks (ACT) regulation under COMAR 26.11.43.

The regulatory action listed above will be submitted to the U.S. EPA for approval as revision to Maryland's State Implementation Plan. ​

Click here to view the Fact Sheet for the amendments to COMAR 26.11.43.​


For more information, call or e-mail:

Mr. Tim Shepherd, Division Chief
Mobile Sources Program
Air and Radiation Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720
Telephone: (410) 537-3236

Email: mde.mobilecomments@maryland.gov​


caretNotice of public hearing/comment period concerning the following proposed action: Repeal Regulation .01B(14-1) and .04F from chapter COMAR 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications. 

​​The Maryland Department of the Environment held a public hearing on July 6, 2023. The commenting period is closed.

The Department adopted and finalized this regulation as of October 6, 2023 as published in the Maryland Register​. The full regulation text became effective October 16, 2023 and can be located by clicking h​ere.

The purpose of this action is to repeal Regulation .01B(14-1) and .04F from chapter COMAR 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications. 

Click here​ to view the Fact sheet and Regulation proposal.​

For more information, please call or email:

Mr. Randy Mosier
Deputy Program Manager of the Air Quality Planning Program
Maryland Department of the Environment
1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-172
Telephone (410) 537-4488

Email randy.mosier@maryland.gov

caretNotice of public hearing/comment period concerning the following proposed action: Amend COMAR 26.11.34 to add Advanced Clean Cars II Program.

The Maryland Department of the Environment held a public hearing on June 21, 2023. The commenting period is closed. 

A Response to Comments (RTC) document has been prepared since the hearing.

The Department adopted and finalized this regulation as of September 8, 2023 as published in the Maryland Register​. The full regulation text became effective September 18, 2023 and can be located by clicking h​ere.

The purpose of this action is to amend the Maryland Clean Cars Program, COMAR 26.11.34.02 Incorporation by Reference, to adopt California’s Advanced Clean Cars II (ACC II) Program. This action is necessary to remain consistent with California’s newly ​​adopted light-duty vehicle program as required by both Maryland and federal law.

The amendments pertaining to the COMAR Low Emissions Vehicle Program will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan (SIP).

Click here to view the Fact Sheet and Regulation proposal.

For more information, please call or email:
Ms. Marcia Ways
Mobile Sources Control Program Manager
Maryland Department of the Environment
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-172
Telephone: (410) 537- 3270
Email: marcia.ways@maryland.gov
Fax: (410) 537- 4435


caret​Notice of publ​​ic comment concerning the following proposed action for Radiation Management: Amend Regulation .01 under COMAR 26.12.01, Radiation Protection. 

The Maryland Department of the Environment (MDE) is proposing to amend Regulation .01 under Radiation Management chapter COMAR 26.12.01 “Radiation Protection". The commenting period closed on June 5, 2023.

The Department adopted and finalized this regulation as of July 28, 2023 as published in the Maryland Register​. The full regulation text became effective August 7, 2023 and can be located by clicking h​ere.

The purpose of this action is to amend COMAR 26.12.01.01 Incorporation by Reference, to incorporate Supplement 33, with the following: (a) Address the public comments submitted for Supplement 32 and (b) make miscellaneous edits regarding formatting and punctuation.

The proposed changes to Supplement 33 are available on the MDE Website.  http://mde.maryland.gov/programs/Air/RadiologicalHealth/Pages/RegulationsforControlofIonizingRadiation.aspx  

For more information, please contact:

Shannon Page
Division Chief, Radiological Health Program
Air and Radiation Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 750
Baltimore, Maryland 21230
Telephone: (410) 537-4214
Email: spage@maryland.gov


caretNotice of public hearing/comment period concerning the following proposed action: New Chapter COMAR 26.11.42 Control of Emissions from Municipal Solid Waste Landfills.

The Department of the Environment held a virtual public on February 1, 2023. The commenting period is closed.

A Response to Comments (RTC) document​ has been prepared since the hearing.

The Department adopted and finalized this regulation as of June 2, 2023 as published in the Maryland Register​. The full regulation text became effective June 12, 2023 and can be located by clicking here.

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

​The regulatory action listed above will be submitted to the U.S. EPA for approval as a 111(d) State Plan.

Click here to view the Technical Support Document for the proposal of new Chapter COMAR 26.11.42.

For more information, contact:
Randy Mosier
Division Chief, Regulation Development Division
Air and Radiation Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720
Email: randy.mosier@maryland.gov.

caretNotice of public hearing/comment concerning the following proposed actions: Amend Regulation .05C under Chapter COMAR 26.11.18 concerning record keeping requirements for agriculturally related installations to ensure consistent record keeping with permits issued by the Maryland Department of the Environment.

The Department of the Environment held a virtual public hearing on October 26, 2022.

The purpose of this action is to amend Regulation .05C from COMAR 26.11.18 Control of Agriculturally Related Installations. The Department proposes to amend the record keeping requirements so that records are to be held on-site for a period of five years. This action will ensure that the record keeping period is consistent with Department permits to operate and standard compliance procedures for affected facilities.

​The Action will not be submitted to EPA as a State Implementation Plan (SIP).

​The Department adopted and finalized this regulation as of January 23, 2023. The full regulation text can be located by clicking here.

For more information, contact:

​Randy Mosier, Chief of the Air Quality Regulations Division 
Maryland Department of the Environment 
1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720

Email: randy.mosier@maryland.gov.
Telephone: (410) 537-4488.

caretNotice of public hearing/comment concerning the following proposed actions: Amendments to Regulation .02 under Chapter COMAR 26.11.20 concerning exemptions for new motor vehicles sold at Dealers, wholesalers, auto insurers, and auctions. 

The Department of the Environment held a virtual public hearing on October 26, 2022.

The purpose of this action is to provide an exemption for new motor vehicles sold by a Dealer, vehicles sold at wholesale and by auto insurers, and vehicles sold at auctions conducted by auctioneers not in title as specified under COMAR 26.11.20.02 Motor Vehicle Emission Control Devices. On February 7, 2022, the Maryland Department of the Environment (MDE or the Department) expanded prohibitions pertaining to (1) the removal or alteration of a motor vehicle's air pollution control systems; (2) the operation of motor vehicles with removed, altered, or inoperative air pollution control systems; (3) the manufacture, sale, installation, and use of any device that prevents a motor vehicle's air pollution control system from operating as originally designed; and (4) the offering for sale, sale, lease, auction or transfer of any motor vehicle with removed, altered, or inoperative air pollution control systems.

Section (4) above applies to the retail transaction of motor vehicles that occur between a licensed dealer and the consumer. Under this action, exemptions are being extended to cover new motor vehicles, vehicles sold at wholesale, and by auto insurers that take ownership of motor vehicles associated with total loss claims, which occur when a vehicle sustains so much damage it is more economical for the insurance company to purchase the vehicle for its pre-accident value rather than repair the vehicle. Auto insurers typically dispose of those vehicles at auction in an effort to recoup some of the claim costs. Exemptions will also cover auctions acting on behalf of a seller, secured party or owner where the title does not pass to the auctioneer or to the facilitating auction location. This action will exempt from compliance with COMAR 26.11.20.02 auto insurers and those transactions identified in COMAR 26.11.20.02C(1) that are conducted by auctioneers not in title, as specified under the conditions outlined in proposed COMAR 26.11.20.02C.

The Department will continue to enhance compliance investigations pertaining to the operation and transaction of tampered vehicles. The Department will continue to monitor auctions to determine whether the exemption for auctions results in significantly tampered vehicles operating on Maryland roadways, despite undergoing state safety inspections that examine emission control systems.

The proposed amendments to COMAR 26.11.20.02 will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland’s State Implementation Plan (SIP).​​

 
The Department adopted and finalized this regulation as of January 9, 2023. The full regulation text can be located by clicking h​e​re.

For more information, contact:

Marcia Ways, Mobile Sources Control Program Manager
Maryland Department of the Environment
1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720
Email: marcia.ways@maryland.gov.
Telephone: (410) 537-3270.

Additional information pertaining to anti-tampering can be found here.​


carotNotice of public hearing/comment period concerning the following proposed action: Amendments to COMAR 11.14.08 - Vehicle Emissions Inspection Program​. 

The Department of the Environment held a virtual public hearing on October 11, 2022.

A Response to Comments (RTC) document has been prepared since the hearing.​​

The Maryland Department of the Environment held a hearing on October 11, 2022 on the joint proposal to amend Regulations .01—.06 and .20, adopt new Regulation .07, amend and recodify Regulations .07 —.14 to be Regulations .08—.15 respectively, recodify Regulation .15 to be Regulation .16, amend and recodify Regulations .16—.18 to be Regulations .17—.19 respectively; and repeal Regulation .19 under COMAR 11.14.08 – Vehicle Emissions Inspection Program. This proposal modernizes and enhances the Vehicle Emissions Inspection Program (VEIP) to improve motorist convenience while continuing to maintain the significant air quality progress that has been achieved since the program's inception.

The regulatory action listed above will be submitted to the U.S. EPA for approval as a revision to Maryland's State Implementation Plan (SIP).

The Department adopted and finalized this regulation as of January 23, 2023. The full regulation text can be located by clicking here.


For more information, contact:

Marcia Ways, Mobile Sources Control Program Manager
Maryland Department of the Environment
1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 
Email: marcia.ways@maryland.gov 

Telephone: (410) 537-3270


caretNotice of public comment concerning the following proposed action for Radiation Management: Amend Regulation .01 under COMAR 26.12.01, Radiation Protection.​​​​ 

The Department of the Environment held a public commenting period for the action described below.

The Maryland Department of the Environment is accepting comments until September 22, 2022. The purpose of this action is to amend COMAR 26.12.01.01 Incorporation by Reference to incorporate Supplement 32 with the following: (a) Revise the Electronic Brachytherapy regulation in Sections F.8 and F.9; (b) Incorporate the NRC RATS 2018-3, 2019-1, 2019-2, 2020-1, 2020-2, and 2020-3; and (c) Miscellaneous corrections including a correction to RATS 2018-1 by adding the words “...or equivalent NRC requirements or Agreement State requirements." within Sections G.300 and G.690.

The full text of the proposed regulatory amendments was published in the Maryland Register on August 12, 2022.

The proposed revised regulatory supplement, Supplement 32, is available on the Maryland Department of the Environment website​

For more information, contact:

Shannon Page
Division Chief, Radiological Health Program
Air and Radiation Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 750
Baltimore, Maryland 21230
Telephone: (410) 537-4214
Email: spage@maryland.gov

caret  Notice of public hearing/comment concerning the following proposed actions: Amend Regulations .01 and .10 under COMAR 26.11.08 - Control of Incinerators.
The purpose of this action is to amend nitrogen oxide (NOx) reasonably available control technology (RACT) requirements under COMAR 26.11.08.01 and COMAR 26.11.08.10 for large municipal waste combustors (Large MWCs). In order to satisfy the United States Environmental Protection Agency's (EPA) updated startup, shutdown and malfunction (SSM) policy (80 Fed. Reg. 33840), NOx emission limits shall be extended to cover periods when a Large MWC is combusting only fossil fuel, as a means to warm-up the furnace and other critical components prior to municipal solid waste being fed to the combustor. Additional amendments are being made to clarify how the 24-hour block average emission rates and 30-day rolling average emission rates are to be calculated.

The amendments pertaining to Large MWCs will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan (SIP).

Click here​ to read the Technical Support Document.

A public hearing on this action was held on October 29, 2019.

The Department adopted and finalized this regulation as of May 4, 2020. The full regulation text can be located by clicking here.

A Response to Comments (RTC) document has been prepared since the hearing. Click here for the RTC.​

For more information, call or email:
Randy Mosier, Chief, Regulation Development Division
Air Quality Planning Program
Air and Radiation Administration
Maryland Department of the Environment
1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720
Telephone: (410) 537-4488
Email: randy.mosier@maryland.gov​​​​​​​