IN THIS ISSUE Regulatory Review and Evaluation Regulations Errata Special Documents General Notices Volume 41 • Issue 24 • Pages 1417—1464 Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 7, 2014, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of November 7, 2014. Brian Morris Acting Administrator, Division of State Documents Office of the Secretary of State Issue Date: December 1, 2014
Transcript
IN THIS ISSUE
Regulatory Review and Evaluation Regulations Errata Special Documents General Notices
Volume 41 • Issue 24 • Pages 1417—1464
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 7, 2014, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of November 7, 2014.
Brian Morris Acting Administrator, Division of State Documents
Office of the Secretary of State
Issue Date: December 1, 2014
Information About the Maryland Register and COMAR MARYLAND REGISTER
The Maryland Register is an official State publication published
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CODE OF MARYLAND REGULATIONS (COMAR) COMAR is the official compilation of all regulations issued by
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Contents 1419
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Closing Dates for the Maryland Register Schedule of Closing Dates and Issue Dates for the
Technicians (CNA/CMT) — Code of Ethics ................ 1428
BOARD OF NURSING — ELECTROLOGY PRACTICE
COMMITTEE Standards of Practice and Conduct .................................. 1428
12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
CORRECTIONAL TRAINING COMMISSION General Regulations ........................................................ 1428 Electronic Control Device Training ................................. 1428
Proposed Action on Regulations
03 COMPTROLLER OF THE TREASURY ALCOHOL AND TOBACCO TAX
Alcoholic Beverages ........................................................ 1429 08 DEPARTMENT OF NATURAL RESOURCES
OFFICE OF THE SECRETARY Wildlands in Maryland .................................................... 1429
10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE MEDICAL CARE PROGRAMS
Early and Periodic Screening, Diagnosis and Treatment
(EPSDT) Services ......................................................... 1431 15 DEPARTMENT OF AGRICULTURE
SOIL AND WATER CONSERVATION Nutrient Management Certification and Licensing .......... 1432 Agricultural Operation Nutrient Management Plan
Requirements ................................................................ 1432 Content and Criteria for a Nutrient Management Plan
Developed for an Agricultural Operation ..................... 1432 17 DEPARTMENT OF BUDGET AND MANAGEMENT
PERSONNEL SERVICES AND BENEFITS State Employees’ Health Benefits ................................... 1439
18 DEPARTMENT OF ASSESSMENTS AND TAXATION PERSONAL PROPERTY ASSESSMENTS
Filings .............................................................................. 1442 20 PUBLIC SERVICE COMMISSION
APPLICATIONS CONCERNING THE CONSTRUCTION OR
MODIFICATION OF GENERATING STATIONS AND
OVERHEAD TRANSMISSION LINES General ............................................................................ 1443
26 DEPARTMENT OF THE ENVIRONMENT AIR QUALITY
Volatile Organic Compounds from Specific Processes ... 1443 Low Emissions Vehicle Program .................................... 1447 Control of NOx Emissions from Coal-Fired Electric
Generating Units........................................................... 1449 36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY
GENERAL PROVISIONS General ............................................................................ 1454
GAMING PROVISIONS Video Lottery Operation License .................................... 1455
VIDEO LOTTERY TERMINALS Video Lottery Terminal Technical Standards .................. 1455
TABLE GAMES Table Game Equipment ................................................... 1455 Table Game Procedures ................................................... 1457
CONTRACTORS (HVACR) Public Meeting ................................................................. 1462
MARYLAND STATEWIDE INDEPENDENT LIVING
COUNCIL Public Meeting ................................................................. 1462
FACILITIES ADVISORY BOARD — JUVENILE SERVICES Public Meeting ................................................................. 1462
STATE ADVISORY BOARD FOR JUVENILE SERVICES No Meeting Notice .......................................................... 1462
STATE ADVISORY BOARD FOR JUVENILE SERVICES —
GIRLS SERVICES SUBCOMMITTEE Public Meeting ................................................................. 1462
MARYLAND STATE LOTTERY AND GAMING CONTROL
COMMISSION Public Meeting ................................................................ 1462
MARYLAND HEALTH CARE COMMISSION Public Meeting ................................................................ 1463
MARYLAND AUTOMOBILE INSURANCE FUND Public Meeting ................................................................ 1463
DEPARTMENT OF NATURAL RESOURCES/FISHERIES
SERVICE Public Notice ................................................................... 1463
BOARD OF OCCUPATIONAL THERAPY PRACTICE Public Meeting ................................................................ 1463
BOARD OF PLUMBING Public Meeting ................................................................ 1463
BOARD OF PODIATRIC MEDICAL EXAMINERS Public Meeting ................................................................ 1463 Public Meeting ................................................................ 1463 Public Meeting ................................................................ 1463
STATE ADVISORY COUNCIL ON QUALITY CARE AT
THE END OF LIFE Public Meeting ................................................................ 1463
RACING COMMISSION Public Meeting ................................................................ 1463
REAL ESTATE COMMISSION Public Meeting ................................................................ 1463 Public Hearing ................................................................. 1463
BOARD OF REVENUE ESTIMATES Public Meeting ................................................................ 1463
NORTHEAST MARYLAND WASTE DISPOSAL
AUTHORITY Public Meetings Notice Procedure .................................. 1463
BOARD OF WATERWORKS AND WASTE SYSTEMS
OPERATORS Public Meeting ................................................................ 1463
COMAR Online The Code of Maryland Regulations is available at
www.dsd.state.md.us as a free service of the Office of the
Secretary of State, Division of State Documents. The full text
of regulations is available and searchable. Note, however, that
the printed COMAR continues to be the only official and
enforceable version of COMAR.
The Maryland Register is also available at
www.dsd.state.md.us.
For additional information, visit www.sos.state.md.us,
Division of State Documents, or call us at (410) 974-2486 or 1
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Availability of Monthly List of Maryland Documents
The Maryland Department of Legislative Services
receives copies of all publications issued by State officers and
agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland
Documents’’. This list is published monthly, and contains
bibliographic information concerning regular and special
reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also
includes local publications.
Anyone wishing to receive ‘‘Maryland Documents’’
should write to: Legislative Sales, Maryland Department of
Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES through JULY 24, 2015
Issue Date
Emergency
and Proposed
Regulations
5 p.m.*
Final Regulations
10:30 a.m. Notices, etc. 10:30 a.m.
December 12 November 24 December 3 December 1
December 26** December 5 December 15 December 11
January 9 December 22 December 30 December 29
January 23 January 5 January 14 January 12
February 6** January 16 January 28 January 26
February 20 February 2 February 11 February 9
March 6** February 13 February 25 February 23
March 20 March 2 March 11 March 9
April 3 March 16 March 25 March 23
April 17 March 30 April 8 April 6
May 1 April 13 April 22 April 20
May 15 April 27 May 6 May 4
May 29** May 11 May 19 May 15
June 12** May 21 June 3 June 1
June 26 June 8 June 17 June 15
July 10 June 22 July 1 June 29
July 24 July 6 July 15 July 13
* Due date for documents containing 8 to 18 pages — 48 hours
before date shown; due date for documents exceeding 18 pages — 1
week before date shown
NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9 POINT, SINGLE-SPACED FORMAT. THE REVISED PAGE COUNT REFLECTS THIS FORMATTING.
** Note closing date changes
*** Note issue date and closing date changes
The regular closing date for Proposals and Emergencies is Monday.
1422
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed
This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in
the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR).
The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.
Table of Pending Proposals The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a
citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by
“(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have
been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.
01 EXECUTIVE DEPARTMENT
01.04.04.01—.06 • 41:23 Md. R. 1378 (11-14-14)
03 COMPTROLLER OF THE TREASURY
03.02.01.20 • 41:24 Md. R. 1429 (12-1-14) 03.06.01.44 • 40:26 Md. R. 2167 (12-27-13)
05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
05.02.01.02,.02-1,.03,.04 • 41:20 Md. R. 1118 (10-3-14) (ibr) 05.02.07.04,.05 • 41:20 Md. R. 1119 (10-3-14) (ibr) 05.05.01.01—.34 • 41:20 Md. R. 1120 (10-3-14) 05.05.02.02,.04,.06,.08,.11,.14,.17 • 41:20 Md. R. 1120 (10-3-14) 05.05.05.02—.08,.12—.14,.16,.18,.24 • 41:20 Md. R. 1120 (10-3-14) 05.05.07.01—.31 • 41:20 Md. R. 1120 (10-3-14) 05.05.08.01—.28 • 41:20 Md. R. 1120 (10-3-14) 05.12.01.02—.07,.09—.11,.14—.16, .18—.22 • 41:20 Md. R. 1135 (10-3-14)
05.13.01.03,.05—.08,.16—.19 • 41:20 Md. R. 1141 (10-3-14)
07 DEPARTMENT OF HUMAN RESOURCES
07.03.07.02,.03,.09,.12 • 41:18 Md. R. 1014 (9-5-14)
08 DEPARTMENT OF NATURAL RESOURCES
08.01.02.02,.04—.06 • 41:24 Md. R. 1429 (12-1-14) 08.01.03.01—.07,.10—.12 • 41:20 Md. R. 1143 (10-3-14) 08.02.04.03 • 41:20 Md. R. 1147 (10-3-14) 08.02.05.24 • 41:23 Md. R. 1379 (11-14-14) 08.02.11.01,.04,.06 • 41:21 Md. R. 1264 (10-17-14) 08.02.21.03 • 41:21 Md. R. 1266 (10-17-14) 08.03.04.02 • 41:21 Md. R. 1268 (10-17-14) 08.03.09.11 • 41:21 Md. R. 1268 (10-17-14) 08.18.32.01—.03 • 41:21 Md. R. 1269 (10-17-14)
08.18.34.01,.02 • 41:21 Md. R. 1269 (10-17-14)
08.18.33.03 • 41:23 Md. R. 1381 (11-14-14) 08.18.36.01,.02 • 41:23 Md. R. 1382 (11-14-14)
09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION
09.08.03.03 • 41:3 Md. R. 210 (2-7-14) 09.10.03.02 • 41:23 Md. R. 1383 (11-14-14) 09.11.02.02 • 41:19 Md. R. 1085 (9-19-14) 09.12.81.01-1,.02-1 • 41:7 Md. R. 425 (4-4-14)
09.13.06.02—.10,.12 • 41:21 Md. R. 1270 (10-17-14) 09.21.02.03 • 41:19 Md. R. 1085 (9-19-14) 09.28.04.01—.11 • 41:14 Md. R. 813 (7-11-14)
10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitles 01—08 (1st volume)
10.01.18.01—.08 • 41:22 Md. R. 1322 (10-31-14)
Subtitle 09 (2nd volume) 10.09.02.07 • 41:20 Md. R. 1148 (10-3-14) (ibr) 10.09.23.06 • 41:24 Md. R. 1431 (12-1-14) 10.09.36.03 • 41:23 Md. R. 1384 (11-14-14) 10.09.41.02,.06—.09,.12,.13 • 41:23 Md. R. 1384 (11-14-14) 10.09.49.01—.07,.11,.12 • 41:20 Md. R. 1148 (10-3-14) 10.09.59.01—.14 • 41:20 Md. R. 1150 (10-3-14) 10.09.60.01—.24 • 41:23 Md. R. 1386 (11-14-14) 10.09.62.01 • 41:23 Md. R. 1386 (11-14-14) 10.09.63.01—.03,.05,.06 • 41:23 Md. R. 1386 (11-14-14) 10.09.64.05—.07,.10 • 41:23 Md. R. 1386 (11-14-14) 10.09.65.01,.02,.04,.05,.08,.10,.11,.11-1,.11-2,.12,.14,.15, .19-5,.20,.21 • 41:23 Md. R. 1386 (11-14-14) 10.09.65.19 • 41:23 Md. R. 1395 (11-14-14) 10.09.66.02,.04,.05,.07, • 41:23 Md. R. 1386 (11-14-14)
10.09.67.01,.04,.12,.26—.28 • 41:23 Md. R. 1386 (11-14-14)
PENDING PROPOSALS 1423
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
10.09.70.01—.10 • 41:20 Md. R. 1153 (10-3-14) 10.09.80.01—.12 • 41:20 Md. R. 1158 (10-3-14) 10.09.91.01—.09 • 41:20 Md. R. 1162 (10-3-14)
Subtitles 10 — 22 (3rd Volume)
10.11.02.01—.09 • 41:22 Md. R. 1325 (10-31-14) 10.13.01.02—.06 • 41:11 Md. R. 614 (5-30-14) 10.19.07.01—.03 • 41:22 Md. R. 1328 (10-31-14) 10.22.14.03,.05—.11 • 41:21 Md. R. 1272 (10-17-14) Subtitles 23 — 36 (4th Volume)
10.27.27.02 • 41:18 Md. R. 1022 (9-5-14) 10.32.06 • 41:24 Md. R. 1458 (12-1-14) (err) 10.32.06.04,.07 • 41:20 Md. R. 1164 (10-3-14) 10.32.10.04,.05,.05-1,.05-2 • 41:20 Md. R. 1166 (10-3-14)
Subtitles 37—61 (5th Volume) 10.38.12.01—.04 • 41:19 Md. R. 1090 (9-19-14) 10.44.34.01—.05 • 41:9 Md. R. 531 (5-2-14)
10.61.01.03,.05,.06 • 41:18 Md. R. 1023 (9-5-14)
11 DEPARTMENT OF TRANSPORTATION
Subtitles 01—10
11.03.01.01-1,.12 • 41:20 Md. R. 1168 (10-3-14) (ibr) 11.03.01.13 • 40:26 Md. R. 2195 (12-27-13)
11.05.02.02 • 41:20 Md. R. 1168 (10-3-14) 11.05.03.02—.05,.07—.09,.12,.14 • 41:20 Md. R. 1168 (10-3-14) 11.05.07.03 • 41:20 Md. R. 1168 (10-3-14)
12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
12.01.01.04—.12 • 41:7 Md. R. 426 (4-4-14) 12.04.01.07,.17 • 41:11 Md. R. 621 (5-30-14) 12.04.05.02 • 41:19 Md. R. 1091 (9-19-14) 12.10.01.09 • 41:8 Md. R. 484 (4-18-14) 12.15.01.15,.19 • 41:12 Md. R. 693 (6-13-14) 12.15.06.01—.04 • 41:12 Md. R. 693 (6-13-14)
13A STATE BOARD OF EDUCATION
13A.01.02.06 • 41:20 Md. R. 1172 (10-3-14) 13A.03.05.01,.03—.05 • 41:23 Md. R. 1399 (11-14-14) 13A.04.08.01 • 41:23 Md. R. 1400 (11-14-14) 13A.04.09.01 • 41:21 Md. R. 1275 (10-17-14) 13A.12.01.01—.13 • 41:11 Md. R. 624 (5-30-14)
13A.12.03.02,.08 • 41:22 Md. R. 1329 (10-31-14)
14 INDEPENDENT AGENCIES 14.22.01.03,.08—.10 • 41:23 Md. R. 1402 (11-14-14) 14.25.01.01 • 41:21 Md. R. 1276 (10-17-14) 14.25.02.01,.04,.08,.11,.13,.15,.18 • 41:21 Md. R. 1276 (10-17-14) 14.25.03.01—.05 • 41:21 Md. R. 1276 (10-17-14) 14.26.07.01—.03 • 41:13 Md. R. 773 (6-27-14) 14.36.01.01—.16 • 41:18 Md. R. 1031 (9-5-14) 14.36.02.01—.11 • 41:18 Md. R. 1031 (9-5-14) 14.36.03.01—.06 • 41:18 Md. R. 1031 (9-5-14) 14.36.04.01—.08 • 41:18 Md. R. 1031 (9-5-14)
15 DEPARTMENT OF AGRICULTURE
15.20.04.11 • 41:24 Md. R. 1432 (12-1-14) 15.20.07.02 • 41:24 Md. R. 1432 (12-1-14) 15.20.08.01,.03,.05—.12 • 41:24 Md. R. 1432 (12-1-14) 15.20.11.01—.10 • 41:21 Md. R. 1280 (10-17-14)
17 DEPARTMENT OF BUDGET AND MANAGEMENT
17.04.07.02,.04,.06 • 41:23 Md. R. 1403 (11-14-14)
17.04.13.03,.03-1,.04,.06 • 41:24 Md. R. 1439 (12-1-14)
18 DEPARTMENT OF ASSESSMENTS AND TAXATION 18.03.02.01 • 41:24 Md. R. 1442 (12-1-14)
19A STATE ETHICS COMMISSION
19A.01.03.11 • 41:22 Md. R. 1330 (10-31-14) 19A.03.01.03,.04 • 41:22 Md. R. 1330 (10-31-14) 19A.03.02 • 41:22 Md. R. 1330 (10-31-14) 19A.03.03.01 • 41:22 Md. R. 1330 (10-31-14)
19A.03.04.01—.04 • 41:22 Md. R. 1330 (10-31-14) 19A.04.03.04 • 41:22 Md. R. 1332 (10-31-14) 19A.05.03.02,.03 • 41:22 Md. R. 1332 (10-31-14) 19A.05.04.01,.02 • 41:22 Md. R. 1332 (10-31-14) 19A.07.01.03,.04 • 41:22 Md. R. 1333 (10-31-14)
19A.07.01.18 • 41:22 Md. R. 1334 (10-31-14)
20 PUBLIC SERVICE COMMISSION 20.79.01.02 • 41:24 Md. R. 1443 (12-1-14)
21 STATE PROCUREMENT REGULATIONS
21.11.14.04 • 41:14 Md. R. 857 (7-11-14)
24 DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT
24.05.26.03 • 41:20 Md. R. 1173 (10-3-14)
26 DEPARTMENT OF THE ENVIRONMENT
Subtitles 01—07 (Part 1)
26.03.13.04 • 41:22 Md. R. 1334 (10-31-14) 26.04.04.01—.39 • 41:18 Md. R. 1037 (9-5-14) (ibr) 26.04.05.01—.03• 40:25 Md. R. 2105 (12-13-13) 26.04.11.01—.16 • 41:1 Md. R. 47 (1-10-14)
Subtitles 08—12 (Part 2)
26.08.02.09 • 41:10 Md. R. 575 (5-16-14) 26.08.04.01 • 41:10 Md. R. 575 (5-16-14)
26.12.01.01 • 41:22 Md. R. 1336 (10-31-14) (ibr)
26.12.02.03 • 41:22 Md. R. 1336 (10-31-14)
Subtitles 13—18 (Part 3)
26.11.19.26,.26-1 • 41:24 Md. R. 1443 (12-1-14) 26.11.34.02 • 41:24 Md. R. 1447 (12-1-14) (ibr) 26.11.38.01—.06 • 41:24 Md. R. 1449 (12-1-14)
PENDING PROPOSALS 1424
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
26.14.02.02,.02-1,.02-2,.02-3,.02-4, .02-5 • 41:22 Md. R. 1337 (10-31-14) (ibr) 26.17.06.01,.04—.09 • 40:22 Md. R. 1887 (11-1-13) (ibr)
41:19 Md. R. 1092 (9-19-14) (ibr)
27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
27.01.01.01 • 41:21 Md. R. 1286 (10-17-14)
27.02.01.01 • 41:21 Md. R. 1286 (10-17-14)
27.02.05.01—.03-3 • 41:21 Md. R. 1286 (10-17-14)
31 MARYLAND INSURANCE ADMINISTRATION 31.03.05.01—.15 • 41:3 Md. R. 256 (2-7-14) 31.08.14.01,.02 • 40:20 Md. R. 1729 (10-4-13)
33 STATE BOARD OF ELECTIONS
33.13.17.01—.05 • 41:22 Md. R. 1340 (10-31-14) 33.14.02.06 • 41:16 Md. R. 955 (8-8-14)
34 DEPARTMENT OF PLANNING
34.04.07.01—.08 • 41:23 Md. R. 1404 (11-14-14)
36 MARYLAND STATE LOTTERY AND GAMING
CONTROL AGENCY
36.01.01.04 • 41:24 Md. R. 1454 (12-1-14) 36.03.03.07 • 41:24 Md. R. 1455 (12-1-14) 36.04.01.20 • 41:24 Md. R. 1455 (12-1-14) 36.05.02.16 • 41:24 Md. R. 1455 (12-1-14) 36.05.03.03,.05,.23 • 41:24 Md. R. 1457 (12-1-14) 36.05.05.06 • 41:20 Md. R. 1173 (10-3-14) 36.06.01.01—.03 • 41:12 Md. R. 723 (6-13-14)
36.06.02.01,.02 • 41:12 Md. R. 723 (6-13-14) 36.06.03.01—.09 • 41:12 Md. R. 723 (6-13-14) 36.06.04.01—.04 • 41:12 Md. R. 723 (6-13-14) 36.06.05.01—.06 • 41:12 Md. R. 723 (6-13-14) 36.06.06.01 • 41:12 Md. R. 723 (6-13-14)
1425
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Regulatory Review and Evaluation Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the
Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be
documented in an evaluation report which will be submitted to the General Assembly’s Joint Committee on Administrative, Executive, and
Legislative Review. The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule). Notice that
an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register.
Title 15 DEPARTMENT OF
AGRICULTURE Notice of Opportunity for Public Inspection and Comment
In accordance with the Regulatory Review and Evaluation Act,
State Government Article, §§10-130 ― 10-139, Annotated Code of
Maryland, the Department of Agriculture is currently reviewing and
evaluating all regulations codified under the following subtitles of
COMAR Title 15:
Subtitles 01 ― 08 Subtitle 01 Office of the Secretary
Subtitle 02 Board of Review
Subtitle 03 Weights and Measures
Subtitle 04 Maryland Egg Law
Subtitle 05 Pesticide Use Control
Subtitle 06 Plant Pest Control
Subtitle 07 Apiary Inspection
Subtitle 08 Turf and Seed
The purpose of the review and evaluation is to determine whether
existing regulations continue to accomplish the purposes for which
they were adopted, clarify ambiguous or unclear language, and repeal
obsolete or duplicative provisions.
Pursuant to its work plan, MDA will evaluate the need to retain,
amend, or repeal regulations based on whether the regulations are:
Still necessary to the public interest;
Drafted in a clear and understandable manner;
Still supported by statutory authority and judicial opinions
and consistent with federal regulations and other State
regulations;
Still effective in accomplishing the intended purpose of the
regulations; and
Obsolete, duplicative, or otherwise appropriate for
amendment or repeal.
The Department of Agriculture would like to provide interested
parties with an opportunity to participate in the review and evaluation
process by submitting comments on these regulations. All parties
interested in participating in this process may submit comments by
mail to Tonia Martin, Regulations Coordinator, Department of
Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401,
Comments must be received no later than December 31, 2014.
Parties may contact the Department at (410) 841-5883 with questions
regarding this process. [14-24-22]
1426
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Final Action on Regulations
Symbol Key • Roman type indicates text already existing at the time of the proposed action.
• Italic type indicates new text added at the time of proposed action.
• Single underline, italic indicates new text added at the time of final action.
• Single underline, roman indicates existing text added at the time of final action.
• [[Double brackets]] indicate text deleted at the time of final action.
Title 03 COMPTROLLER OF THE
TREASURY Subtitle 02 ALCOHOL AND TOBACCO
TAX 03.02.05 Alcoholic Beverage Trade Practices
Authority: Article 2B, §§16-301 and 16-302, Annotated Code of Maryland
Notice of Final Action [14-265-F]
On November 17, 2014, the Comptroller of Maryland adopted
amendments to Regulation .04 under COMAR 03.02.05 Alcoholic Beverage Trade Practices. This action, which was proposed for
adoption in 41:18 Md. R. 1012 (September 5, 2014), has been
adopted as proposed.
Effective Date: December 11, 2014.
PETER FRANCHOT
Comptroller
Subtitle 02 ALCOHOL AND TOBACCO TAX
03.02.05 Alcoholic Beverage Trade Practices Authority: Article 2B, §§16-301 and 16-302, Annotated Code of Maryland
Notice of Final Action [14-267-F]
On November 17, 2014, the Comptroller of Maryland adopted
amendments to Regulation .10 under COMAR 03.02.05 Alcoholic Beverage Trade Practices. This action, which was proposed for
adoption in 41:18 Md. R. 1013 (September 5, 2014), has been
adopted as proposed.
Effective Date: December 11, 2014.
PETER FRANCHOT
Comptroller
Subtitle 02 ALCOHOL AND TOBACCO TAX
03.02.05 Alcoholic Beverage Trade Practices Authority: Article 2B, §§16-301 and 16-302, Annotated Code of Maryland
Notice of Final Action [14-266-F]
On November 17, 2014, the Comptroller of Maryland adopted
amendments to Regulation .12 under COMAR 03.02.05 Alcoholic Beverage Trade Practices. This action, which was proposed for
adoption in 41:18 Md. R. 1013—1014 (September 5, 2014), has been
adopted as proposed.
Effective Date: December 11, 2014.
PETER FRANCHOT
Comptroller
Title 09 DEPARTMENT OF LABOR,
LICENSING, AND REGULATION
Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION
09.03.12 Foreclosure Procedures for Residential Property Authority: Real Property Article, §7-105.1, Annotated Code of Maryland
Notice of Final Action [14-275-F]
On November 13, 2014, the Commissioner of Financial
Regulation adopted amendments to Regulations .01 and .02 under
COMAR 09.03.12 Foreclosure Procedures for Residential Property. This action, which was proposed for adoption in 41:19
Md. R. 1084—1085 (September 19, 2014), has been adopted with the
nonsubstantive changes shown below.
Effective Date: December 11, 2014.
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:
The proposed Notice of Foreclosure Action for owner-occupied
properties (Appendix H-1) where the secured party has filed a
preliminary loss mitigation affidavit stated that the borrower had 25
days to request foreclosure mediation after receipt of a final loss
FINAL ACTION ON REGULATIONS 1427
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
mitigation affidavit. This statement has been changed because the law
gives a borrower 25 days from the mailing date of the loss mitigation
affidavit to request foreclosure mediation. This change is
nonsubstantive because it brings the form into compliance with the
enabling statute. A clean copy of the revised form is being published;
no other forms have been changed.
NOTE: The form referenced in this final appears at the end of the Final Action on Regulations section of this issue of the Maryland Register.
GORDON COOLEY
Acting Commissioner of Financial Regulation
Title 10 DEPARTMENT OF HEALTH
AND MENTAL HYGIENE Subtitle 09 MEDICAL CARE
PROGRAMS 10.09.10 Nursing Facility Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Final Action [14-222-F]
On November 17, 2014, the Secretary of Health and Mental
Hygiene adopted amendments to Regulations .07, .07-1, and .17
under COMAR 10.09.10 Nursing Facility Services. This action,
which was proposed for adoption in 41:15 Md. R. 907—908 (July 25,
2014), has been adopted with the nonsubstantive changes shown
below.
Effective Date: December 11, 2014.
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:
Regulation .17V: Removed unnecessary deletion.
Regulation .17W: Removed unnecessary deletion.
Regulation .17X: Deleted §X to remain consistent with current
practice.
.17 Selected Costs — Not Allowable. The following costs are not allowable in establishing interim and
final per diem payment rates:
A.—U. (proposed text unchanged)
V. A percentage of the legal, accounting, and other professional
expenses related to an appeal as described in §U of this regulation,
based upon the proportion of additional reimbursement denied to the
total additional reimbursement sought on appeal, if a facility prevails
on some but not all issues raised in the appeal or action; [[[]]and [[]]] W. Any charges assessed by the Department for recovery of
overpayments[[;and
X. Costs incurred for legal services relating to establishing
Medical Assistance Program financial eligibility for nursing facility
services or obtaining representation or guardianship of nursing
facility residents or their property]].
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.54 Home and Community-Based Options Waiver
Authority: Health-General Article, §§2-104(6), 15-103, 15-105, and 15-132,
Annotated Code of Maryland
Notice of Final Action [14-258-F]
On November 17, 2014, the Secretary of Health and Mental
Hygiene adopted new Regulations .10-1 and .18-1 and amendments
to Regulation .21 under COMAR 10.09.54 Home and Community-Based Options Waiver. This action, which was proposed for
adoption in 41:18 Md. R. 1021—1022 (September 5, 2014), has been
adopted as proposed.
Effective Date: December 11, 2014.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Subtitle 12 ADULT HEALTH 10.12.03 Cosmetic Surgical Facilities
Authority: Health-General Article, Title 19, Subtitle 3C, Annotated Code of
Maryland
Notice of Final Action [14-273-F]
On November 10, 2014, the Secretary of Health and Mental
Hygiene adopted new Regulations .01—.12 under a new chapter,
COMAR 10.12.03 Cosmetic Surgical Facilities. This action,
which was proposed for adoption in 41:19 Md. R. 1086—1090
(September 19, 2014), has been adopted as proposed.
Effective Date: July 1, 2015.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Subtitle 21 MENTAL HYGIENE REGULATIONS
10.21.25 Fee Schedule — Mental Health Services — Community-Based Programs and Individual Practitioners
Authority: Health-General Article, §§10-901, 15-103, and 15-105; Title 16,
Subtitles 1 and 2; Annotated Code of Maryland
Notice of Final Action [14-210-F]
On November 10, 2014, the Secretary of Health and Mental
Hygiene adopted amendments to Regulation .09 under COMAR 10.21.25 Fee Schedule — Mental Health Services — Community-Based Programs and Individual Practitioners. This action, which
was proposed for adoption in 41:14 Md. R. 833 (July 11, 2014), has
been adopted as proposed.
Effective Date: December 11, 2014.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
FINAL ACTION ON REGULATIONS 1428
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Notice of Final Action [14-197-F]
On November 17, 2014, the Secretary of Health and Mental
Hygiene adopted:
(1) Amendments to Regulations .01 and .02 under COMAR 10.27.19 Code of Ethics;
(2) Amendments to Regulations .01 and .02 under COMAR 10.39.07 Certified Nursing Assistants/Certified Medication Technicians (CNA/CMT) — Code of Ethics; and
(3) New Regulation .01, the recodification of existing
Regulations .01 and .03 to be Regulations .02 and .04, and
amendment to and the recodification of existing Regulation .02 to be
Regulation .03 under COMAR 10.53.05 Standards of Practice and Conduct.
This action, which was proposed for adoption in 41:14 Md. R.
833—836 (July 11, 2014), has been adopted as proposed.
Effective Date: December 11, 2014.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Title 12 DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES
Subtitle 10 CORRECTIONAL TRAINING COMMISSION
12.10.01 General Regulations Authority: Correctional Services Article, §8-208, Annotated Code of
Maryland
Notice of Final Action [14-259-F]
On October 22, 2014, the Secretary of Public Safety and
Correctional Services, in cooperation with the Correctional Training
Commission, adopted amendments to Regulation .02 under COMAR 12.10.01 General Regulations. This action, which was proposed for
adoption in 41:18 Md. R. 1025—1026 (September 5, 2014), has been
adopted as proposed.
Effective Date: December 11, 2014.
GREGG L. HERSHBERGER
Secretary of Public Safety and Correctional Services
Subtitle 10 CORRECTIONAL TRAINING COMMISSION
12.10.05 Electronic Control Device Training Authority: Correctional Services Article, §2-109; Public Safety Article, §3-
207; Annotated Code of Maryland
Notice of Final Action [14-169-F]
On October 22, 2014, the Secretary of Public Safety and
Correctional Services, in cooperation with the Correctional Training
Commission, adopted amendments to Regulation .02 under COMAR 12.10.05 Electronic Control Devices Training. This action, which
was proposed for adoption in 41:12 Md. R. 693 (June 13, 2014), has
been adopted as proposed.
Effective Date: December 11, 2014.
GREGG L. HERSHBERGER
Secretary of Public Safety and Correctional Services
1429
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Proposed Action on Regulations
Title 03 COMPTROLLER OF THE
TREASURY Subtitle 02 ALCOHOL AND TOBACCO
TAX 03.02.01 Alcoholic Beverages
Authority: Article 2B, §2-101, 16-301, 16-302, and 16-303; Tax-General
Article §2-103; Annotated Code of Maryland
Notice of Proposed Action [14-353-P]
The Comptroller of the Treasury proposes to amend Regulation
.20 under COMAR 03.02.01 Alcoholic Beverages.
Statement of Purpose The purpose of this action is to include the definition of a
warehouseman and further clarify the regulation.
Comparison to Federal Standards There is no corresponding federal standard to this proposed action.
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 Sukanya Mukherjee, Staff Attorney,
Comptroller of Maryland, 80 Calvert St. Annapolis, MD 21404, or
Comments will be accepted through December 31, 2014. A public
hearing has not been scheduled.
.20 Come to Rest. A. Definitions.
(1)—(3) (text unchanged)
(4) “Warehouseman” means a person who is an employee of
the wholesaler and listed on the regular salary list or payroll of the
wholesaler.
B.—C. (text unchanged)
D. Come to Rest Compliance Requirement. The person driving the
delivery vehicle and delivering the alcoholic beverage shall record
the delivery location, date, and time and have it verified, by
signature, upon delivery by the warehouseman. The warehouseman
shall record the loading location, date, and time the alcoholic
beverages are placed in a vehicle for delivery to a retailer and also
shall record the identification information of the delivery vehicle. The
driver of the retail delivery vehicle shall verify, by signature, the
information recorded by the warehouseman upon loading of the
alcoholic beverages.
PETER FRANCHOT
Comptroller
Title 08 DEPARTMENT OF NATURAL
RESOURCES Subtitle 01 OFFICE OF THE
SECRETARY 08.01.02 Wildlands in Maryland Authority: Natural Resources Article, §5-1203, Annotated Code of Maryland
Notice of Proposed Action [14-341-P]
The Secretary of Natural Resources proposes to amend
Regulations .02 and .04 — .06 under COMAR 08.01.02 Wildlands in Maryland.
For information concerning citizen participation in the regulation-making process, see inside front cover.
Symbol Key • Roman type indicates existing text of regulation.
• Italic type indicates proposed new text.
• [Single brackets] indicate text proposed for deletion.
Promulgation of Regulations An agency wishing to adopt, amend, or repeal regulations must first publish in the Maryland Register a notice of proposed action, a
statement of purpose, a comparison to federal standards, an estimate of economic impact, an economic impact on small businesses, a notice
giving the public an opportunity to comment on the proposal, and the text of the proposed regulations. The opportunity for public comment
must be held open for at least 30 days after the proposal is published in the Maryland Register.
Following publication of the proposal in the Maryland Register, 45 days must pass before the agency may take final action on the
proposal. When final action is taken, the agency must publish a notice in the Maryland Register. Final action takes effect 10 days after the
notice is published, unless the agency specifies a later date. An agency may make changes in the text of a proposal. If the changes are not
substantive, these changes are included in the notice of final action and published in the Maryland Register. If the changes are substantive,
the agency must repropose the regulations, showing the changes that were made to the originally proposed text.
Proposed action on regulations may be withdrawn by the proposing agency any time before final action is taken. When an agency
proposes action on regulations, but does not take final action within 1 year, the proposal is automatically withdrawn by operation of law,
and a notice of withdrawal is published in the Maryland Register.
PROPOSED ACTION ON REGULATIONS 1430
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
Statement of Purpose The purpose of this action is to implement Natural Resources
Article, §5-1203, Annotated Code of Maryland, which became
effective October 1, 2014. The proposed action clarifies the statute by
placing all wildlands and their restrictions into an easy to read,
organized location. Specifically, land was added to fourteen existing
wildland areas, nine new wildland areas were added, and special
provisions for several of the new wildland areas were identified.
Comparison to Federal Standards There is no corresponding federal standard to this proposed action.
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 John F. Wilson, Associate Director,
Stewardship, Land Acquisition and Planning, E-4, 580 Taylor
Avenue, Annapolis, MD 21401, or call 410-260-8412, or email to
be accepted through December 31, 2014. A public hearing has not
been scheduled.
.06 Preauthorization. Preauthorization is required for:
A.—D. (text unchanged)
E. Residential treatment services, as specified in COMAR
10.09.29.06; [and] F. Therapeutic behavioral services, as specified in COMAR
10.09.34.05[.]; and
G. Intermediate Care Facilities, as specified in COMAR
10.47.02.09.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Title 15 DEPARTMENT OF
AGRICULTURE Subtitle 20 SOIL AND WATER
CONSERVATION Notice of Proposed Action
[14-354-P]
The Secretary of Agriculture proposes to:
(1) Amend Regulation .11 under COMAR 15.20.04 Nutrient Management Certification and Licensing;
(2) Amend Regulation .02 under COMAR 15.20.07 Agricultural Operation Nutrient Management Plan Requirements; and
(3) Amend Regulations .01, .03, and .05, repeal existing
Regulations .06 and .07, and adopt new Regulations .06 ― .12 under
COMAR 15.20.08 Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation.
At this time, the proposal to amend Regulation .11 under
COMAR 15.20.04 Nutrient Management Certification and Licensing, Regulation .02 under COMAR 15.20.07 Agricultural Operation Nutrient Management Plan Requirements, and
Regulation .05 under COMAR 15.20.08 Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation, as published in 40:21 Md. R. 1840—1843 (October 18,
2013) is being withdrawn.
Statement of Purpose The purpose of this action is to add Supplement No. 8 (November,
2014) to the Maryland Nutrient Management Manual, which is
incorporated by reference under COMAR 15.20.07.02 Supplement
No. 8 (November, 2014) and includes modification to the method for
determining nutrient recommendations, specifically the method for
the determination of phosphorus as the limiting nutrient by
transitioning to the use of the Phosphorus Management Tool. This
action subsequently impacts COMAR 15.20.04.11 and 15.20.08.05
by defining the method and elements for determining required
nutrient recommendations in a nutrient management plan.
Comparison to Federal Standards There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact I. Summary of Economic Impact. The proposed regulation will
affect certain farms with high phosphorus levels in the soil.
Additional management will be required on farms based on the risk
of phosphorus loss from the field. Generally, farmers will be required
to reduce or eliminate the application of additional phosphorus to
their fields. In cases where organic sources of nutrients, such as
animal manures containing both phosphorus and nitrogen, have been
applied, farmers will be required to purchase inorganic commercial
fertilizer to provide the nitrogen previously provided by manure.
These newly restricted animal manures will need to be transported to
other farms to acreage that can appropriately utilize the manure in
accordance with new requirements.
Revenue (R+/R-)
II. Types of Economic Impact.
Expenditure
(E+/E-) Magnitude
A. On issuing agency: NONE
B. On other State agencies: NONE
C. On local governments: NONE
Benefit (+)
Cost (-) Magnitude
D. On regulated industries
or trade groups: (-) $22.5 million
E. On other industries or
trade groups: (+) $10.1 million
NONE
F. Direct and indirect
effects on public: (+) $100 million
NONE
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
D. The proposed regulation will affect certain farms with high
phosphorus levels in the soil. The proposal amends an existing risk
assessment tool, known as the Phosphorus Site Index (PSI), used to
determine the potential for phosphorus loss from the field. The new
Phosphorus Management Tool (PMT), developed by scientists at the
University of Maryland, is suggested to have the greatest potential
impact on soils with high soil phosphorus in areas where ground
water is closest to the surface.
Additional management will be required on farms based on the
risk of phosphorus loss from the field. Generally, farmers will be
required to reduce or eliminate the application of additional
PROPOSED ACTION ON REGULATIONS 1433
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
phosphorus to their fields. In cases where organic sources of
nutrients, such as animal manures containing both phosphorus and
nitrogen, have been applied, farmers will be required to purchase
inorganic commercial fertilizer to provide the nitrogen previously
provided by manure. These newly restricted animal manures will
need to be transported to other farms to acreage that can
appropriately utilize the manure in accordance with new
requirements.
The Department commissioned a report by the Business Economic
and Community Network (BEACON) at Salisbury University to
analyze the costs and benefits associated with the implementation of
the PMT. Under the direction of Dr. Memo Diriker, a stakeholder
advisory group provided extensive detail on agricultural management
and operational cost information. A range of macro level cost
variables were considered for factors affected by the PMT, including
agriculture, land values, recreation, water-based activities, crop
fertilizer, manure transportation and handling, infrastructure,
community costs, and others.
The BEACON study considered three implementation scenarios,
including the six-year phase-in approach proposed by the regulation.
The six year scenario assumed incentives and program support of $79
million to offset farm-related costs and support the deployment of
alternative technologies related to manure utilization. Current state
and federal funding provide $58 million of support and $21 million is
assumed to be new funding, with $15.5 million of the new funding
provided from state sources.
Cost variables were considered over a range of cost, given certain
unknown factors, producing a range of net aggregate costs. The net
aggregate cost for the six-year scenario at the 50th percentile is $22.5
million. According to the report, this number represents macro level
PMT implementation costs minus subsidies.
While the BEACON study considered both macro and micro
(farm-scale) impacts, Dr. Diriker explains that specific farm-scale
costs cannot calculated until more specific detail regarding
requirements are provided and certain experience is realized to
inform further analysis. While certain farms will realize additional
operating costs due to manure transportation and handling and
replacement commercial fertilizer, other farms will likely realize
lower operating costs through the use of relocated manure as a source
of crop nutrients. The study developed a farm-scale template that can
be activated to more specifically estimate individual farm impacts
once additional information is available.
E. Assuming 228,000 tons of additional poultry litter to require
relocation to other farms for land application, an average cost of $14
per ton for transportation costs, and existing level of Manure
Transport Program activity is maintained, total public expenditures
for manure transport will exceed $4.6 million annually. These
subsidies translate into additional economic activity for contractors
providing these services to farmers. Additionally, infrastructure
expansion costs for manure transportation and loading equipment,
plus additional spreading equipment for commercial fertilizer is
estimated to generate $5.5 million in sales for vendors of such new
equipment.
F. The public will benefit from the proposal through improved
water quality and environmental conditions in local rivers and
streams. The quality of life of Marylanders will improve by virtue of
healthy local water bodies and additional measures toward a restored
Chesapeake Bay.
The BEACON study included consideration of environmental and
social benefits that might be derived from implementing the PMT.
The final report cites an October 2014 Chesapeake Bay Foundation
(CBF) report, The Economic Benefits of Cleaning Up the
Chesapeake Bay. The CBF report attributes $4.6 billion of annual
economic benefit to Maryland as result of meeting Bay restoration
goals. BEACON estimates $100 million of statewide economic
benefits associated with implementing the PMT on the Eastern Shore.
However the BEACON report cites, “While significant, this
statewide MACRO-Level benefit estimate attributable to the
implementation of the PMT on the
Eastern Shore cannot be directly compared to the farm-level costs of
implementation estimated in the three scenarios. Most of the
MACRO-Level benefit estimates involve value enhancements and
potential cost savings. They are not financial resources that can be
used to defray the farmers’ PMT implementation costs.”
A copy of A Scenario Analysis of the Potential Costs of
Implementing the Phosphorus Management Tool on the Eastern
Shore of Maryland, BEACON at Salisbury University, November
SUPPLEMENTARY INFORMATION: The business meeting will
include actions or presentations on the following items:
(1) informational presentation of interest to the Lower Susquehanna
Subbasin area; (2) resolution concerning FY-2016 federal funding of
the Susquehanna Flood Forecast and Warning System and National
Streamflow Information Program; (3) rulemaking action to clarify the
water uses involved in hydrocarbon development that are subject to
the consumptive use regulations, as implemented by the Approval By
Rule program; (4) resolution concerning delegation of authority;
(5) ratification/approval of contracts/grants; (6) regulatory
compliance matters for Lion Brewery, LHP Management, and
Southwestern Energy Company; (7) transfer of approval (Docket No.
20081222) from Sunbury Generation LP to Hummel Station LLC;
(8) Future Power PA, LLC request for waiver of 18 CFR §§806.3 and
806.4; and (9) Regulatory Program projects.
The rulemaking item listed for Commission action was the subject of
a public hearing conducted by the Commission on November 6,
2014, and identified in the notice for such hearing, which was
published in 79 FR 57850, September 26, 2014. Projects listed for
Commission action are those that were the subject of a public hearing
conducted by the Commission on November 6, 2014, and identified
in the notice for such hearing, which was published in 79 FR 61683,
October 14, 2014.
Opportunity to Appear and Comment:
Interested parties are invited to attend the business meeting and
encouraged to review the Commission’s Public Meeting Rules of
Conduct, which are posted on the Commission’s website,
www.srbc.net. As identified in the public hearing notices referenced
above, written comments on the rulemaking item and Regulatory
Program projects that were the subject of public hearings, and are
listed for action at the business meeting, are subject to a comment
deadline of November 17, 2014. Written comments pertaining to any
other matters listed for action at the business meeting may be mailed
to the Susquehanna River Basin Commission, 4423 North Front
Street, Harrisburg, Pennsylvania 17110-1788, or submitted
electronically through
http://www.srbc.net/pubinfo/publicparticipation.htm. Any such
comments mailed or electronically submitted must be received by the
Commission on or before November 26, 2014, to be considered.
AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts
806, 807, and 808.
Dated: November 10, 2014.
STEPHANIE L. RICHARDSON
Secretary to the Commission
[14-24-45]
SPECIAL DOCUMENTS 1460
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
MARYLAND HEALTH CARE COMMISSION Number of Chronic Hospital Beds and Patient Days
and Percent Occupancy, by Facility: Maryland, FY 2013
Jurisdiction/Facility Number of Licensed Beds
Number of Patient Days
Occupancy (%)
Baltimore City UM Rehabilitation & Orthopedic Institute1 52 14,187 75.22% Johns Hopkins Bayview Medical Center2 76 20,970 75.6% Levindale Hebrew Geriatric Center & Hospital 100 33,960 93.04% UM Medical Center Midtown Campus3
80 17,803 62.69%
Prince George’s County Laurel Regional Hospital4
46 7,658 45.61%
SUBTOTAL: Private Chronic Hospitals 354 94,578 73.72% Washington County
Sources: Maryland Health Care Commission. The number of licensed chronic hospital beds maintained in the Commission’s inventory is
based on the Commission’s Certificate of Need files and licensing information provided by the Office of Health Care Quality. The number of
FY 2013 patient days for the private chronic hospitals is obtained from the Financial Data Base, as reported by private chronic hospitals to the
Health Services Cost Review Commission (HSCRC), as of October 7, 2014. The number of FY 2013 patient days for the two state-operated
chronic hospitals is obtained from the Hospital Management Information System (HMIS), as maintained by the Maryland Department of Health
and Mental Hygiene.
Notes: The number of beds reflects the number of licensed chronic hospital beds at each facility as of June 30, 2013 (the end of the 2013 fiscal
year reporting period). Occupancy is calculated based on licensed beds.
[14-24-36]
1 University of Maryland Rehabilitation and Orthopedic Institute’s (formerly Kernan Hospital) 52 chronic hospital beds include
16 dually licensed chronic/rehabilitation beds. UM Rehabilitation & Orthopedic Institute added 12 chronic hospital beds; these
beds were relocated from University Specialty Hospital, July 11, 2012. 2 Johns Hopkins Bayview Medical Center’s 20,970 patient days is the combined number of patient days for the separately
licensed 76 special hospital-chronic beds and nine special hospital-rehabilitation beds. 3 University of Maryland Medical Center Midtown Campus (formerly Maryland General Hospital) established an 80-bed chronic
hospital unit. These 80 chronic hospital beds were relocated from University Specialty Hospital (“USH”) on July 11, 2012. 4 Gladys Spellman Specialty Hospital and Nursing Center relocated its 46 licensed chronic hospital beds to Laurel Regional
Hospital, effective June 30, 2011. 5Western Maryland Hospital Center’s occupancy, based on its 30 budgeted chronic hospital beds, would be 54.94 percent.
6 Deer’s Head Hospital Center’s chronic hospital occupancy, based on its 14 budgeted chronic hospital beds, would be 76.61
percent. 7 The occupancy for the two State-operated chronic hospitals, based on the total 44 budgeted chronic hospital beds, would be
61.84 percent. 8 The statewide chronic hospital occupancy based on the 354 licensed beds at the five private facilities plus the 44 budgeted beds
at the two state-operated facilities would be 72.4 percent.
1461
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
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.
MARYLAND REGISTER, VOLUME 41, ISSUE 24, MONDAY, DECEMBER 1, 2014
MARYLAND HEALTH CARE
COMMISSION
Subject: Public Meeting
Date and Time: December 18, 2014, 1
p.m.
Place: Maryland Health Care Commission,
4160 Patterson Ave., Conf. Rm. 100,
Baltimore, MD
Contact: Valerie Wooding (410) 764-3460
[14-24-11]
MARYLAND AUTOMOBILE
INSURANCE FUND
Subject: Public Meeting
Date and Time: December 18, 2014, 9
a.m. — 12 p.m.
Place: Gaylord National Resort and
Convention Center, 201 Waterfront St.,
National Harbor, MD
Contact: Susan Leese (410) 269-8626
[14-24-34]
DEPARTMENT OF NATURAL
RESOURCES/FISHERIES SERVICE
Subject: Public Notice
Add'l. Info: Commercial Striped Bass
Common Pool Season Modification
The Secretary of Maryland Department of
Natural Resources, pursuant to COMAR
08.02.15.12H, announces the re-opening of
the 2014 commercial striped bass common
pool hook and line fishery on Tuesday,
November 11, 2014, one hour before
sunrise, with a catch limit of 450
lbs/permittee/week and 900 lbs/vessel/day.
The common pool fishery will close on
Thursday, November 13th, 2014, one hour
before sunset. A re-opening will be
announced by public notice.
Contact: Jacob Holtz (410) 260-8262
[14-24-41]
BOARD OF OCCUPATIONAL
THERAPY PRACTICE
Subject: Public Meeting
Date and Time: December 19, 2014, 8:30
a.m. — 2 p.m.
Place: Spring Grove Hospital Center, 55
Wade Ave., Catonsville, MD
Add'l. Info: Health Occupations Article,
Title 10, Annotated Code of Maryland, and
COMAR 10.46 amendments, additions,
and revisions, including fee changes, may
be discussed/voted on. Budget information
may also be discussed. It may be necessary
to go into executive session. Sign language
interpreters and/or appropriate
accommodations for qualified individuals
with disabilities will be provided upon
request. Please call 1 (800) 735-2255.
Contact: Marilyn Pinkney (410) 402-8556
[14-24-02]
BOARD OF PLUMBING
Subject: Public Meeting
Date and Time: December 18, 2014, 10
a.m. — 12:30 p.m.
Place: 500 North Calvert St., Rm. 302,
Baltimore, MD
Contact: Robin Bailey (410) 230-6160
[14-24-18]
BOARD OF PODIATRIC MEDICAL
EXAMINERS
Subject: Public Meeting
Date and Time: December 11, 2014, 1
p.m.
Place: 4201 Patterson Ave., Rm. 110,
Baltimore, MD
Contact: Sheri Henderson (410) 764-4785
[14-24-15]
BOARD OF PODIATRIC MEDICAL
EXAMINERS
Subject: Public Meeting
Date and Time: January 8, 2015, 1 p.m.
Place: 4201 Patterson Ave., Rm. 110,
Baltimore, MD
Contact: Sheri Henderson (410) 764-4785
[14-24-16]
BOARD OF PODIATRIC MEDICAL
EXAMINERS
Subject: Public Meeting
Date and Time: February 12, 2015, 1 p.m.
Place: 4201 Patterson Ave., Rm. 110,
Baltimore, MD
Contact: Sheri Henderson (410) 764-4785
[14-24-17]
STATE ADVISORY COUNCIL ON
QUALITY CARE AT THE END OF
LIFE
Subject: Public Meeting
Date and Time: January 16, 2015, 10 a.m.
— 12 p.m.
Place: Department of Aging, 301 W.
Preston St., Rm. 1007, Baltimore, MD
Contact: Paul Ballard (410) 767-6918
[14-24-25]
RACING COMMISSION
Subject: Public Meeting
Date and Time: December 16, 2014, 12:30
— 1 p.m.
Place: Laurel Park, Laurel, MD
Contact: J. Michael Hopkins (410) 296-
2682
[14-24-06]
REAL ESTATE COMMISSION
Subject: Public Meeting
Date and Time: December 17, 2014, 10:30
a.m.
Place: Dept. of Labor, Licensing, and
Regulation, 500 N. Calvert St., 3rd Fl.,
Baltimore, MD
Contact: Charlene Faison (410) 230-6199
[14-24-19]
REAL ESTATE COMMISSION
Subject: Public Hearing
Date and Time: December 17, 2014, 12:30
p.m.
Place: Dept. of Labor, Licensing, and
Regulation, 500 N. Calvert St., 3rd Fl.,
Baltimore, MD
Contact: Charlene Faison (410) 230-6199
[14-24-20]
BOARD OF REVENUE ESTIMATES
Subject: Public Meeting
Date and Time: December 15, 2014, 3 —
4 p.m.
Place: Louis L. Goldstein Treasury Bldg.,
Comptroller of Maryland, Annapolis, MD
Add'l. Info: Board of Revenue Estimates
Board Report Meeting
Contact: Kynara Fogan (410) 260-7450
[14-24-44]
NORTHEAST MARYLAND WASTE
DISPOSAL AUTHORITY
Subject: Public Meetings Notice Procedure
Add'l. Info: The Authority gives notice of
meetings by posting a notice on its website
under the section entitled "Press
Releases/Notices" and at the entrance of its
offices. Notice is hereby given that the
Authority's website address is nmwda.org;
its offices are located at Tower II, Suite
402, 100 S. Charles Street, Baltimore,
Maryland 21201. Notice is also hereby
given that portions of Authority meetings
may be held in closed session.
Contact: M. Catherine Coble (410) 333-
2730
[14-24-28]
BOARD OF WATERWORKS AND
WASTE SYSTEMS OPERATORS
Subject: Public Meeting
Date and Time: January 15, 2015, 10 a.m.
— 4 p.m.
Place: Howard Co. Bureau of Utilities,
8270 Old Montgomery Rd., Columbia, MD
Add'l. Info: A portion of this meeting may
be held in closed session.
Contact: Pat Kratochvil (410) 537-3167
[14-24-29]
Updated on 9-5-2014
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![TITLE 26 DEPARTMENT OF THE ENVIRONMENT SUBTITLE … · 2018-03-14 · SUBTITLE 11 -AIR QUALITY CHAPTER 02 ... COMAR 26.1 1.03. (10) [not in S IP ] ... (47) "Responsible official"](https://static.documents.pub/doc/80x56/5b381e757f8b9a5a518d14a0/title-26-department-of-the-environment-subtitle-2018-03-14-subtitle-11-air.jpg)
