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MDE’s legislative proposals in this year’s General Assembly session focus on increasing efficiency and lowering costs for the Department.
Senate Bill 61 would provide the option for the Department to post notice of public hearings for proposed air quality regulations on MDE’s website rather than publication in a newspaper. The Air Quality Planning Program is the only MDE program required to publish notice of public hearings for all regulations in a newspaper. In all other programs, the Department can decide the most effective way to notify the public. The Department issues about 12 new air quality regulations each year and spends approximately $14,000 to $17,000 per year to publish related public hearing notices in newspapers.
House Bill 95 would delete New Source Performance Standards (NSPS) sources from the requirement to go through a public comment period on all permit applications. The requirement for NSPS sources to undergo a public review process was created when the federal government was issuing federal NSPS standards for sources with large or toxic emissions, such as incinerators. Over time, the EPA began issuing NSPS standards for smaller and smaller sources in an effort to reduce pollution from all emission sources. New NSPS sources usually emit small amounts of pollutants and have little or no impact on the public. These permit applications generate little, if any, public interest. With this legislation, the Department will determine whether smaller NSPS permits should require public review and comment. Larger or controversial permits will still be required to go through public review.
House Bill 96 would repeal a requirement that MDE test waters closed to shellfish harvesting because of bacteria or other contamination twice a month or more frequently if requested by the county affected by the restriction. The Department has a longstanding policy to open areas to harvesting when all nationally-recognized public health and safety measures and criteria are met. The current Maryland law is outdated and inconsistent with nationally accepted assessment standards. The twice-monthly State requirement is four times the minimum federal requirement and more frequent sampling does not generally result in waters being opened again for harvesting more quickly. MDE will continue to use sanitary surveys to try to determine the source of the water pollution and correct it, if possible. MDE continues a minimum of monthly sampling at more than 900 stations in waters where shellfish harvesting is allowed. The current law could cause the Department to shift resources from these stations to lower priority areas, harming existing business and seafood safety.
House Bill 97 would allow MDE to designate to state and federal agencies responsibility for the review and approval of erosion and sediment control and stormwater management plans for construction projects, provided they can demonstrate that they have the capability to ensure consistent compliance with State regulations. This would allow MDE to establish a process with the State Highway Administration, Department of General Services and other State and federal agencies with facilities in Maryland that allows the agency to self-certify and approve project sediment control and stormwater management plans. The agency would have to have established robust quality assurance and quality control procedures, possibly involving third-party review. The approval process would be subject to oversight and audits by MDE.
Legislation could also result from a suggestion by the MDE Composting Workgroup to clarify the Department’s authority to develop regulations for composting operations. The proposal would update the 1988 State recycling law to recognize changes to management of organic materials and increase regulatory certainty for the composting industry.
Legislation involving possible drilling for natural gas in the Marcellus Shale has resulted from recommendations made by the Marcellus Shale Safe Drilling Initiative Advisory Commission, which is administered by MDE and the Maryland Department of Natural Resources. Senate Bill 854, introduced by Sen. George C. Edwards, implements the recommendation of the Commission to assure that the holder of a gas well permit has the financial ability to properly close the well and reclaim the site, pay damages for bodily injury and property damage to third parties and pay damages for natural resources damage and cleanup related to the release of pollutants.Senate Bill 766, also introduced by Senator Edwards, would establish a registry of oil and gas land professionals, as recommended by the Commission. The Commission also endorsed a reasonable state-level severance tax with the money going into a special fund to address regional impacts of drilling. The Commission did not recommend a rate or a fund balance that should be attained before the tax money could be used for other purposes. The Commission reached consensus that Maryland should enact a Surface Owners Protection Act, but did not reach an agreement on how to address certain important issues.
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