Proposed Air & Radiation Regulations

Proposed Actions provide the full text of proposed regulations and amendments, an estimate of the economic impact of an action on the regulated parties, the agency, other State or local agencies, and the general public. Proposed Actions also detail how the public may provide comments to an agency about a proposed regulation.

All Notices of Proposed Action (NPA) are published in the Maryland Register​. Click here for the most current Notice of Public Hearings and Materials. While the Department strives to keep this content up-to-date, this list may not contain all proposed actions as this list is only updated periodically.


Last edited 4/26/2024​

Regulation TitleBuilding Energy Performance Standardards (BEPS)
The purpose of BEPS is to reduce greenhouse gas emissions from the buildings sector in Maryland. The Maryland Climate Solutions Now Act of 2022 requires that BEPS include covered buildings that achieve the following: a 20% reduction in net direct GHG emissions by January 1, 2030, as compared with 2025 levels for average buildings of similar construction and; net-zero direct GHG emissions by January 1, 2040.

MDE must require covered building owners to measure and report direct emissions data on a yearly basis beginning in 2025. Covered buildings must be at least 35,000 square feet. The regulations include the following: energy use intensity targets by building type; flexibility to building owners; an alternative compliance pathway allowing the owner to pay a fee for emissions attributable to the building’s failure to meet direct GHG emissions reduction targets; and include considerations for the unique needs of particular building or occupancy types.
Relevant Statutory DeadlineJune 1, 2023
Public Informational and Formal Comment OpportunitiesJanuary 18, 2024
StatusApproved by AQCAC on September 11, 2023 with recommended amendments

Regulation TitleControl of Emissions from Municipal Solid Waste Landfills
Relevant Statutory DeadlineN/A
Public Informational and Formal Comment OpportunitiesJune 17, 2024
StatusApproved by AQCAC on January 8, 2024

Regulation TitlePermits, Approvals, and Registration – Title V Permits
Amend Regulation .07 and repeal Regulation .24. This will
remove the affirmative defense provisions under the Clean
Air Act.
Relevant Statutory DeadlineJuly 21, 2024
Public Informational and Formal Comment OpportunitiesMay 20, 2024
StatusApproved by AQCAC on January 8, 2024

Regulation TitleSupplement 34 to Regulations for Control of Ionizing Radiation
Purpose minor clarifications to meet NRC
Relevant Statutory Deadline
Public Informational and Formal Comment OpportunitiesMay 20, 2024
The proposed amendments to Regulation .01 under COMAR
26.12.02 Radiation Protection was published in the Maryland
Register on April 19, 2024.