Maryland Register, Volume 40, Issue 13, June 28, 2013

• Jurisdiction: Maryland
• Library: Maryland Register
• Published date: 28 June 2013
• Year: 2013

IN THIS ISSUE

Attorney General

Open Meetings Compliance

Board

Judiciary

Regulations

Errata

General Notices

Volume 40 • Issue 13 • Pages 1059—1104

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Maryland, this issue contains all previously unpublished documents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 June 10, 2013, 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 June 10, 2013.

Brian Morris

Acting Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: June 28, 2013

Information About the Maryland Register and COMAR

MARYLAND REGISTER

The Maryland Register is an official State publication published

every other week throughout the year. A cumulative index is

published quarterly.

The Maryland Register is the temporary supplement to the Code of

Maryland Regulations. Any change to the text of regulations

published in COMAR, whether by adoption, amendment, repeal, or

emergency action, must first be published in the Register.

The following information is also published regularly in the

Register:

• Governor‟s Executive Orders

• Attorney General‟s Opinions in full text

• Open Meetings Compliance Board Opinions in full text

• State Ethics Commission Opinions in full text

• Court Rules

• District Court Administrative Memoranda

• Courts of Appeal Hearing Calendars

• Agency Hearing and Meeting Notices

• Synopses of Bills Introduced and Enacted by the General

Assembly

• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

The Maryland Register is cited by volume, issue, page number, and

date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue

8, pages 815—817 of the Maryland Register issued on April 17,

1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMAR is the o fficial compilation of all regulations issued by

agencies of the State of Maryland. The Maryland Register is

COMAR‟s temporary supplement, printing all changes to regulations

as soon as they occur. At least on ce annually, the changes to

regulations printed in the Maryland Register are incorporated into

COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

COMAR regulations are cited by title number, subtitle number,

chapter number, and regulation number. Example: COMAR

10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

Incorporation by reference is a legal device by which a docu ment is

made part of COMAR simply by referring to it. While the text of an

incorporated document does not appear in COMAR, the provisions of

the incorporated document are as fully enforceable as any other

COMAR regulation . Each regulation that proposes to incorporate a

document is identified in the Maryland Register by an Editor‟s Note.

The Cumulative Table of COMAR Regulations Adopted, Amended

or Repealed, found online, also identifies each regulation

incorporating a document. Documents incorporated by reference are

available for in spection in various depository libraries located

throughout the State and at the Division of State Documents. These

depositories are listed in the first issue of the Maryland Register

published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives

information about past changes to regulations. To determine if there have

been any subsequent changes, check the „„Cumulative Table of COMAR

Regulations Adopted, Amended, or Repealed‟‟ which is found online at

www.dsd.state.md.us/CumulativeIndex.pdf. This table lists the regulations

in numerical order, by their COMAR number, followed by the citation to

the Maryland Register in which the change occurred. The Maryland

Register serves as a temporary supplement to COMAR, and the two

publications must always be used together. A Research Guide for Maryland

Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

For subscription forms for the Maryland Register and COMAR, see

the back pages of th e Maryland Register. Single issues of the

Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN

THE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons may participate in

the process by which administrative regulations are adopted,

amended, or repealed, and may also initiate the process by which the

validity and applicability of regulations is d etermined. Listed below

are so me of the ways in which citizens may participate (references

are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally

or in writing, to the proposing agency (see „„Opportunity for Public

Comment‟‟ at the beginning of all regulations appearin g in the

Proposed Action on Regulations section of the Maryland Register).

(See SG, §10-112)

• By petitioning an agency to adopt, amend, or repeal regulations.

The agency must respond to the petition. (See SG §10-123)

• By petitioning an agency to issue a declaratory ruling with respect

to how any regulation, order, or statute enforced b y the agency

applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation

interferes with or impairs the legal rights or privileges of the

petitioner. (SG, §10-125)

• By inspecting a certified copy of any document filed with the

Division of State Documents for publication in the Maryland

Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes

and other mail to: Maryland Register, State House, Annapolis, Maryland

21401. Tel. 4 10-260-3876; Fax 410-280-5647. Published biweekly, with

cumulative indexes published quarterly, by the State of Maryland, Division of

State Documents, State House, Annapolis, Maryland 21401. The subscription

rate for the Maryland Register is $225 per year (first class mail). All

subscriptions post-paid to points in the U.S. periodicals postage paid at

Annapolis, Maryland and additional mailing offices.

Martin O’Malley, Governor; John P. McDonough, Secretary of State;

Brian Morris, Acting Administrator; Gail S. Klakring, Senior Editor; Mary

D. MacDonald, Editor, Maryland Register and COMAR; Elizabeth Ramsey,

Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help

Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic

form is a prohibited commercial purpose (see State Government Article, §7 -206.2, Annotated Code of Maryland). By purchasing a product, the

buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

Contents 1061

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the

Maryland Register .................................................................. 1063

COMAR Research Aids

Table of Pending Proposals ........................................................ 1064

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name Page

03 Comptroller of the Treasury ............................................ 1073

08 Department of Natural Resources ......................... 1073, 1079

09 Department of Labor, Licensing, and Regulation . 1073, 1081

10 Department of Health and Mental

Hygiene .................................................... 1072, 1074, 1084

14 Independent Agencies ..................................................... 1091

15 Department of Agriculture .............................................. 1076

17 Department of Budget and Management ........................ 1078

20 Public Service Commission ............................................ 1076

26 Department of the Environment ............................ 1076, 1078

27 Critical Area Commission for the Chesapeake and

Atlantic Coastal Bays ................................................... 1094

33 State Board of Elections .................................................. 1095

PERSONS WITH DISABILITIES

Individuals with disab ilities who desire assistance in usin g the

publications and services of the Division o f State Documents are

encouraged to call (410) 974-2486, or (800) 633-9657, o r FAX to

(410) 974-2546, or through Maryland Relay.

The Attorney General

OPINIONS........................................................................... 1067

Open Meetings Compliance Board

SUMMARY OF OPINIONS ISSUED FROM MARCH 29 —

JUNE 3, 2013.................................................................... 1070

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................. 1071

Emergency Action on Regulations

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

FOOD

Shellfish Sanitation .......................................................... 1072

Final Action on Regulations

03 COMPTROLLER OF THE TREASURY

INCOME TAX

General Regulations ......................................................... 1073

Individual ......................................................................... 1073

Corporations .................................................................... 1073

Credit for Employer-Provided Long-Term Care

Insurance ....................................................................... 1073

Nonresident Real Estate Withholding Tax ....................... 1073

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Shellfish Aquaculture and Leasing .................................. 1073

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION

DIVISION OF LABOR AND INDUSTRY

Elevator, Escalator, and Chairlift Safety ......................... 1073

STATE ATHLETIC COMMISSION

Safety and Health Standards for Contestants ................... 1073

Boxing and Kickboxing Facilities and Equipment .......... 1074

Boxing and Kickboxing Facilities and Equipment .......... 1074

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MEDICAL CARE PROGRAMS

Case Management for Individuals with Developmental

Disability ...................................................................... 1074

Targeted Case Management for People with Intellectual

and Developmental Disabilities .................................... 1074

BOARD OF PHARMACY

Opening and Closing of Pharmacies ................................ 1076

Change to Permit―Pharmacy or Wholesale Distribution

Permit Holder ............................................................... 1076

15 DEPARTMENT OF AGRICULTURE

PESTICIDE USE CONTROL

Use and Sale of Pesticides, Certification of Pesticide

Applicators and Pest Control Consultants, and Licensing

of Pesticide Businesses ................................................. 1076

MARYLAND AGRICULTURAL LAND PRESERVATION

FOUNDATION

Lot Released from Easement for Landowner or Child .... 1076

20 PUBLIC SERVICE COMMISSION

RENEWABLE ENERGY PORTFOLIO STANDARD

PROGRAM

General ............................................................................ 1076

Certifiable Renewable Energy Facilities ......................... 1076

Renewable Energy Credit ................................................ 1076

26 DEPARTMENT OF THE ENVIRONMENT

AIR QUALITY

General Administrative Provisions .................................. 1076

General Emission Standards, Prohibitions, and

Restrictions ................................................................... 1076

General Administrative Provisions .................................. 1077

Nonattainment Provisions for Major New Sources and

Major Modifications ..................................................... 1077

Emission Limitations for Power Plants ........................... 1077

Outer Continental Shelf Air Regulations ......................... 1077

Withdrawal of Regulations

17 DEPARTMENT OF BUDGET AND MANAGEMENT

PERSONNEL SERVICES AND BENEFITS

State Employees‟ Health Benefits ................................... 1078

26 DEPARTMENT OF THE ENVIRONMENT

AIR QUALITY

Control of Fuel-Burning Equipment, Stationary Internal

Combustion Engines, and Certain Fuel-Burning

Installations .................................................................. 1078

COMAR 26.11.14 Control of Emissions from Kraft

Pulp Mills ..................................................................... 1078

Proposed Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fish .................................................................................. 1079

Endangered and Threatened Fish Species ....................... 1079