2013 Maryland Code
ENVIRONMENT
§ 2-303 - Air quality rules and regulations -- Procedures for adoption [Effective until October 1, 2013].

§2-303.

(a) The Department may not adopt any rule or regulation under this title unless the requirements of this section and the Administrative Procedure Act are met.

(b) Before adopting any rule or regulation under this title, the Department shall announce and hold a public hearing on the subject.

(c) (1) At least 30 days before the public hearing, the Department shall publish notice of the hearing in a newspaper of general circulation in the area concerned.

(2) The notice shall state:

(i) The date, time, and place of the hearing; and

(ii) The purpose of the hearing.

(d) After the public hearing, the Department may adopt the rule or regulation with or without modification.

§ 2-303 - Air quality rules and regulations -- Procedures for adoption [Effective October 1, 2013].

(a) Compliance with Administrative Procedure Act. -- The Department may not adopt any rule or regulation under this title unless the requirements of this section and the Administrative Procedure Act are met.

(b) Public hearing. -- Before adopting any rule or regulation under this title, the Department shall announce and hold a public hearing on the subject.

(c) Notice. --

(1) Until October 1, 2014, at least 30 days before the public hearing, the Department shall publish notice of the hearing in a newspaper of general circulation in the area concerned.

(2) The notice required under paragraph (1) of this subsection shall state:

(i) The date, time, and place of the hearing;

(ii) The purpose of the hearing;

(iii) That, beginning on October 1, 2014, all future notices required under this title will be posted on the Department's Web site; and

(iv) A phone number or electronic mail address at the Department that a person can contact to arrange for the receipt of future public notices required under this title by first-class mail or electronic mail.

(3) Beginning on October 1, 2014, at least 30 days before the public hearing, the Department shall publish notice of the hearing in a newspaper of general circulation in the area concerned or on the Department's Web site.

(4) The notice required under paragraph (3) of this subsection shall state:

(i) The date, time, and place of the hearing; and

(ii) The purpose of the hearing.

(d) Publication of public notices; contact information. -- Beginning on October 1, 2014, the Department shall publish annually a notice in a newspaper of general circulation to inform the public of:

(1) The types of public notices required under this title that are available on the Department's Web site; and

(2) A phone number or electronic mail address at the Department that a person can contact to arrange for the receipt of future public notices required under this title by first-class mail or electronic mail.

(e) Action after hearing. -- After the public hearing, the Department may adopt the rule or regulation with or without modification.

§ 2-303 - 1. Program for Volatile Organic Emissions Control

The Department may not adopt regulations to implement Stage II of the Program for Volatile Organic Emissions Control from gasoline retailing operations unless:

(1) The Department is mandated by the United States Environmental Protection Agency;

(2) The Department is unable to find other control strategies; and

(3) The Environmental Protection Agency publishes notice in the Federal Register that the State of Maryland is not in compliance with the provisions of the Clean Air Act (42 U.S.C. §§ 7401 through 7602).

§ 2-303 - 2. Program implementing reduction of vehicle miles traveled

In any program implementing the reduction of vehicle miles traveled as a part of the State's compliance with the federal Clean Air Act the Department shall include provisions to allow, both within Maryland and among Maryland and adjoining states:

(1) The averaging of reductions in vehicle miles traveled between different worksites of the same employer;

(2) The averaging of reductions in vehicle miles traveled between worksites of different employers;

(3) The sale between worksites and employers of credits for reduced vehicle miles traveled; and

(4) The greatest degree of flexibility in implementation, giving full consideration to the geographic differences among affected areas, in order to promote the economic and environmental interests of the areas affected.

§ 2-303 - 3. Consolidated inspection programs

The Department shall conduct inspections as provided in a memorandum of understanding on behalf of and in coordination with other agencies when administering the inspection of gasoline retailing operations under this subtitle.