LAWRENCE J. HOGAN, JR., Governor Ch. 93
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Chapter 93
(Senate Bill 171)
AN ACT concerning
Environment – Public Participation Modernization Act
FOR the purpose of authorizing the Department of the Environment to hold certain public
meetings and hearings regarding certain licensing, permitting, and regulatory
responsibilities using teleconference or Internet–based conferencing technology
under certain circumstances; requiring applicants for certain licenses or permits to
bear the cost of certain public meetings and hearings held using teleconference or
Internet–based conferencing technology; repealing a requirement that notices
regarding applications for certain air quality permits be sent by certified mail;
requiring an applicant for certain permits to comply with specified provisions of law;
requiring that certain hearings regarding sewage sludge permits be held in
accordance with provisions of law regarding public participation rather than with
the Administrative Procedure Act; and generally relating to public participation in
the licensing, permitting, and regulations processes of the Department of the
Environment.
BY repealing and reenacting, without amendments,
Article – Environment
Section 1–601(a), 1–603(c)(1), 1–604(a)(4)(i), and 5–204(a)
Annotated Code of Maryland
(2013 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 1–601(f), 2–303, 2–404, 5–204(c), and 7–239
Annotated Code of Maryland
(2013 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 9–204.2, 9–234, 9–234.1, 9–324, and 16–307(a)(5)
Annotated Code of Maryland
(2014 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Environment
Section 16–307(a)(1)
Annotated Code of Maryland
(2014 Replacement Volume and 2021 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
1–601.
(a) Permits issued by the Department under the following sections shall be issued
in accordance with this subtitle:
(1) Air quality control permits to construct subject to § 2–404 of this article;
(2) Permits to install, materially alter, or materially extend landfill
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article;
(3) Permits to discharge pollutants to waters of the State issued pursuant
to § 9–323 of this article;
(4) Permits to install, materially alter, or materially extend a structure
used for storage or distribution of any type of sewage sludge issued, renewed, or amended
pursuant to § 9–234.1 or § 9–238 of this article;
(5) Permits to own, operate, establish, or maintain a controlled hazardous
substance facility issued pursuant to § 7–232 of this article;
(6) Permits to own, operate, or maintain a hazardous material facility
issued pursuant to § 7–103 of this article; and
(7) Permits to own, operate, establish, or maintain a low–level nuclear
waste facility issued pursuant to § 7–233 of this article.
(f) (1) When this article requires more than one public informational meeting
or public hearing, the Department may consolidate some or all of the meetings or hearings
for the proposed facility with similar meetings or hearings.
(2) (I) WHEN THIS SUBTITLE RE QUIRES THE DEPARTMENT TO
HOLD A PUBLIC INFORM ATIONAL MEETING OR PUBLIC HEA RING, THE DEPARTMENT
SHALL HOLD THE MEETI NG OR HEARING IN ACC ORDANCE WITH THE REQ UIREMENTS
OF THIS PARAGRAPH .
(II) THE DEPARTMENT MAY HOLD A PUBLIC INFORMATIONAL
MEETING OR PUBLIC HE ARING REQUIRED UNDER THIS SUBTITLE USING
TELECONFE RENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY UNLESS :
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1. AN APPLICABLE PROVISI ON OF FEDERAL STATUT E OR
REGULATION REQUIRES THE MEETING OR HEARI NG TO BE HELD IN PER SON; OR
2. SUBJECT TO SUBPARAGRA PH (IV) OF THIS
PARAGRAPH , ANY PERSON MAKES A TIMELY REQUEST WITHI N THE TIME PERIODS
SPECIFIED IN §§ 1–603(C)(1) AND 1–604(A)(4)(I) OF THIS SUBTITLE THA T THE
MEETING OR HEARING B E HELD IN PERSON .
(III) [The Department shall hold public informational meetings and
public hearings] IF THE DEPARTMENT HOLDS AN IN –PERSON PUBLIC
INFORMATIONAL MEETIN G OR PUBLIC HEARING , THE DEPARTMENT SHALL HOLD
THE MEETING OR HEARI NG at a location in the political subdivision and in close proximity
to the location where the individual permit applies.
(IV) TO PROTECT P UBLIC HEALTH AND SAF ETY, THE
DEPARTMENT IS NOT REQ UIRED TO HOLD AN IN –PERSON PUBLIC INFORM ATIONAL
MEETING OR PUBLIC HE ARING SPECIFIED UNDE R SUBPARAGRAPH (II)2 OF THIS
PARAGRAPH IF AN EMER GENCY DECLARATION IS ISSUED BY AN EXECUTI VE
AUTHORITY OF :
1. THE FEDERAL OR STATE GOVERNMENT ; OR
2. THE LOCAL GOVERNMENT WITH JURISDICTION OV ER
A COUNTY OR MUNICIPA LITY WHERE THE IN –PERSON MEETING OR HE ARING WOULD
OTHERWISE BE HELD .
(V) THE APPLICANT SHALL B EAR THE COST OF A PU BLIC
INFORMATIONAL MEETIN G OR PUBLIC HEARING HELD US ING TELECONFERENCE O R
INTERNET–BASED CONFERENCING T ECHNOLOGY IN ACCORDA NCE WITH
SUBPARAGRAPH (II) OF THIS PARAGRAPH .
1–603.
(c) (1) Upon written request made within 10 working days after publication of
a notice of application, or in its own discretion, the Department shall provide an opportunity
for an informational meeting with respect to the application.
1–604.
(a) (4) (i) The Department shall schedule a public hearing on the tentative
determination when a written request for a public hearing is made within 20 days of
publication of a notice of the tentative determination.
2–303.
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(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) (1) Before adopting any rule or regulation under this title, the Department
shall announce and hold a public hearing on the subject.
(2) A PUBLIC HEARING REQUI RED UNDER THIS SUBTI TLE MAY BE
HELD USING TELECONFE RENCE OR INTERNET–BASED CONF ERENCING
TECHNOLOGY .
(c) (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] 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] WEBSITE.
[(4)] (2) The notice required under paragraph [(3)] (1) of this subsection
shall state:
(i) The date, time, and place of the hearing; and
(ii) The purpose of the hearing.
(d) [Beginning on October 1, 2014, the] 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] WEBSITE; and
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(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) After the public hearing, the Department may adopt the rule or regulation
with or without modification.
2–404.
(a) This section applies to the following activities:
(1) Construction of a new source;
(2) Replacement of components of an existing permitted source, if the fixed
capital cost of the replacement components exceeds one–half of the fixed capital cost that
would be required to construct a new source comparable in process to the existing source;
and
(3) Modification of an existing permitted source by making a physical or
operational change to the source that will result in a significant net increase in emissions
of any pollutant from that source.
(b) (1) Before accepting an application for a permit subject to subsection (c) of
this section, the Department shall require the applicant to submit documentation:
(i) That demonstrates that the proposal has been approved by the
local jurisdiction for all zoning and land use requirements; or
(ii) That the source meets all applicable zoning and land use
requirements.
(2) Paragraph (1) of this subsection does not apply to any application for a
permit to construct at an existing source unless the existing source is a nonconforming use.
(c) The Department shall comply with the provisions in subsection (d) of this
section before issuing a permit for the activities listed in subsection (a) of this section at:
(1) Any source which is required to obtain a permit to operate under
regulations adopted under this subtitle;
(2) Any source which is subject to federal standards under 40 C.F.R. Part
61 (National Emission Standards for Hazardous Air Pollutants) or 40 C.F.R. 52.21
(Prevention of Significant Deterioration); or
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(3) Any source that will, after control, discharge 25 tons or more per year
of a pollutant regulated under this title in the areas of Baltimore City designated by the
United States Post Office as zip code numbers 21225, 21226, and 21230.
(d) (1) On receipt of an application for a permit subject to subsection (c) of this
section, the Department shall give notice immediately or require the applicant to give
notice immediately of the application [by certified mail] to:
(i) The governing body of each county or municipal corporation in
which any portion of the source is located or is proposed to be located;
(ii) The governing body of each county or municipal corporation
within one mile of the property line of the source or the proposed location of the source;
(iii) Each member of the General Assembly representing any part of
a county in which any portion of the source is located or proposed to be located; and
(iv) Each member of the General Assembly representing any part of
each county within one mile of the property line of the source or the proposed location of
the source.
(2) In addition to the requirements under paragraph (1) of this subsection,
before issuing a permit subject to subsection (c) of this section, the Department shall:
(i) Comply with the provisions of Title 1, Subtitle 6 of this article;
and
(ii) Conduct any public hearing required by Title 1, Subtitle 6 of this
article [in the county in which the proposed source is located].
(3) In addition to the requirements under paragraphs (1) and (2) of this
subsection, before issuing a permit to construct a source described in subsection (c)(3) of
this section, the Department shall require at the expense of the applicant the preparation
of an ambient air quality impact analysis regarding the proposed construction.
(e) Before issuing a permit for the activities listed in subsection (a) of this section
at any source which is subject to federal standards under 40 C.F.R. Part 60 (New Source
Performance Standards), the Department shall:
(1) Comply with the provisions of subsection (d) of this section; or
(2) (i) Electronically post a notice of an application for the permit on
the Department’s [Web site] WEBSITE in accordance with § 1–602(b)(1) of this article;
(ii) Give notice to the chief executive of any county or municipal
corporation in which any portion of the source is located or is proposed to be located; and LAWRENCE J. HOGAN, JR., Governor Ch. 93
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(iii) Receive comments from the public on the permit application.
(f) The provisions of this section do not apply to any permit to construct control
equipment on an existing source or to any permit to operate.
5–204.
(a) (1) It is the intent of the General Assembly to establish consolidated
procedures and notice and hearing requirements for Subtitles 5 and 9 of this title and Titles
14, 15, and 16 of this article in order to ensure efficient review and consistent decision
making.
(2) Notwithstanding any provision of the State Government Article, public
notice on pending applications provided in accordance with the provisions of this section
shall be the only notice required by law.
(c) (1) The Department shall hold a public informational hearing if it receives
a timely written request in accordance with the [following] provisions[:] OF THIS
SUBSECTION.
[(1)] (2) The request shall be received prior to the close of the public
comment period.
[(2)] (3) A public informational hearing shall be held within 45 calendar
days of the close of the public comment period.
[(3)] (4) The Department shall specify the date, time, and location of the
public INFORMATIONAL hearing.
(5) THE PUBLIC INFORMATIO NAL HEARING MAY BE H ELD USING
TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY .
[(4)] (6) The Department shall mail notice of the date, time, and location
of any public informational hearing on an application to those persons on the interested
persons list no later than 14 calendar days prior to the hearing.
[(5)] (7) The Department may extend the official record of a public
informational hearing.
(8) THE APPLICANT SHALL B EAR THE COST OF A PU BLIC
INFORMATIONAL HEARIN G HELD USING TELECON FERENCE OR INTERNET–BASED
CONFERENCING TECHNOL OGY IN ACCORDANCE WI TH PARAGRAPH (5) OF THIS
SUBSECTION.
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7–239.
(a) Before the Department issues a controlled hazardous substance facility
permit, the Department AND THE APPLICANT shall comply with Title 1, Subtitle 6 of this
article.
(b) Before the Department issues a low–level nuclear waste facility permit[, the]:
(1) THE Department AND THE APPLICANT shall[:
(1) Comply] COMPLY with Title 1, Subtitle 6 of this article; and
(2) [Conduct] THE DEPARTMENT SHALL COND UCT any public hearing
required by § 1–604 of this article:
(I) USING TELECONFERENCE OR INTERNET–BASED
CONFERENCING TECHNOL OGY; OR
(II) IN PERSON in the county where the proposed facility is to be
located.
9–204.2.
(a) In addition to the requirements of § 9–204 of this subtitle and Title 1, Subtitle
6 of this article, an applicant for a permit to install, materially alter, or materially extend
a landfill system shall give notice of the application by certified mail to:
(1) The owners of all real property adjoining the site where the proposed
project is located;
(2) The chairman of the legislative body and any elected executive of the
county where the proposed project site is located;
(3) The elected executive of any municipal corporation where the proposed
project site is located; and
(4) Any other county within 1 mile of where the proposed project site is
located.
(b) Any informational meeting required by § 1–603 of this article shall be held [in
the county where the proposed facility is to be located] IN ACCORDANCE WITH TITLE 1,
SUBTITLE 6 OF THIS ARTICLE .
9–234.
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(a) When the Department receives an application for a permit to utilize sewage
sludge at a site, the Department immediately shall mail a copy of the permit application:
(1) To the legislative body and any elected executive of a county and to the
elected executive of any municipal corporation where the sewage sludge utilization site is
to be located; and
(2) To the legislative body and any elected executive of any other county
within 1 mile of the sewage sludge utilization site.
(b) For a permit to apply sewage sludge on marginal land or to construct a
permanent facility that is designed primarily to utilize sewage sludge, the Department
shall:
(1) Publish notice of the application in a local newspaper having a
substantial circulation in the county where the sewage sludge is to be applied or the facility
is to be constructed;
(2) Mail a copy of the notice to:
(i) The local health official;
(ii) The chairman of the legislative body and any elected executive of
the county where the sewage sludge is to be applied or the facility is to be constructed;
(iii) The elected executive of any municipal corporation where the
sewage sludge is to be applied or the facility is to be constructed; and
(iv) Any other county within 1 mile of where the sewage sludge is to
be applied or the facility is to be constructed.
(c) (1) Except as otherwise provided in § 9–234.1 of this subtitle, within 15
days after receiving a copy of the permit application, the executive or the legislative body
of the county, or the executive or the legislative body of the municipal corporation, where
the sewage sludge is to be applied or the facility is to be constructed may request that the
Department hold a public hearing.
(2) If the Department receives a request under paragraph (1) of this
subsection, the Department shall hold a public hearing:
(I) USING TELECONFERENCE OR INTERNET–BASED
CONFERENCING TECHNOL OGY; OR
(II) IN PERSON in the affected subdivision [in accordance with the
Administrative Procedure Act].
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(3) If the executives or legislative bodies of more than [1] ONE county or
municipal corporation request a hearing under this subsection, the Department may hold
a consolidated hearing:
(I) USING TELECONFERENCE OR INTERNET–BASED
CONFERENCING TECHNOL OGY; OR
(II) IN PERSON in [1] ONE county.
(4) AN APPLICANT SHALL BE AR THE COST OF HOLDI NG A PUBLIC
HEARING USING TELECO NFERENCE OR INTERNET–BASED CONFERENCING
TECHNOLOGY IN ACCORD ANCE WITH PARAGRAPH (2) OR (3) OF THIS SUBSECTION .
(d) For a permit to apply sewage sludge on land other than marginal land, the
Department shall mail a copy of the permit application to:
(1) The local health official;
(2) The chairman of the legislative body and any elected executive of the
county where the sewage sludge is to be applied; and
(3) The elected executive of any municipal corporation where the sewage
sludge is to be applied.
(e) (1) Within 10 days after receiving a copy of the permit application, the
executive or the legislative body of the county, or the executive or the legislative body of the
municipal corporation, where the sewage sludge is to be applied may request that the
Department conduct a public information meeting.
(2) If the Department receives a request under paragraph (1) of this
subsection, the Department:
(i) Shall conduct a public information meeting:
1. USING TELECONFERENCE OR INTERNET–BASED
CONFERENCING TECHNOL OGY; OR
2. IN PERSON in the affected subdivision;
(ii) May consolidate the public information meeting with [1] ONE or
more public information meetings for other applications in the same county; and
(iii) Shall notify the applicant for a permit and give the applicant the
opportunity to present information at the public information meeting.
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(3) If the executives or legislative bodies of more than [1] ONE county or
municipal corporation request a public information meeting under this subsection, the
Department may hold a consolidated public information meeting:
(I) USING TELECONFERENCE OR INTERNET–BASED
CONFERENCING TECHNOL OGY; OR
(II) IN PERSON in [1] ONE county.
(4) AN APPLICANT SHALL BE AR THE COST OF HOLDI NG A PUBLIC
INFORMATION MEETING USING TELECONFERENCE OR INTERNET–BASED
CONFERENCING TECHNOLOGY IN ACCORD ANCE WITH PARAGRAPH (2)(I) OR (3) OF
THIS SUBSECTION .
(f) TO PROTECT PUBLIC HEA LTH AND SAFETY , THE DEPARTMENT IS NOT
REQUIRED TO HOLD AN IN–PERSON PUBLIC HEARIN G OR PUBLIC INFORMAT ION
MEETING SPECIFIED UN DER SUBSECTIONS (C) AND (E) OF THIS SECTION IF AN
EMERGENCY DECLARATIO N IS ISSUED BY AN EX ECUTIVE AUTHORITY OF :
(1) THE FEDERAL OR STATE GOVERNMENT ; OR
(2) THE LOCAL GOVERNMENT WITH JURISDICTION OV ER A COUNTY
OR MUNICIPALITY WHER E THE IN–PERSON MEETING OR HE ARING WOULD
OTHERWISE BE HELD.
(G) The Department shall provide each county and municipal corporation that
receives a copy of any application under this section with an opportunity to consult with
the Department about the decision to issue, deny, or place restrictions on a sewage sludge
utilization permit.
9–234.1.
(a) This section does not apply to the storage or distribution of sewage sludge at
a sewage treatment plant.
(b) Before the Secretary issues, amends, or renews a permit to an applicant or
permit holder under § 9–232 or § 9–238 of this subtitle to install, materially alter, or
materially extend a structure used for storage or distribution of any type of sewage sludge,
the Department shall hold a public hearing on the application, amendment, or renewal.
(c) The Department shall hold a public hearing [in the affected subdivision] in
accordance with [the Administrative Procedure Act] TITLE 1, SUBTITLE 6 OF THIS
ARTICLE.
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(d) (1) If more than [1] ONE county or municipal corporation will be affected
by the granting of the sludge storage permit application, the Department may hold a
consolidated hearing [in any affected subdivision] IN ONE COUNTY OR MUN ICIPAL
CORPORATION .
(2) IF THE DEPARTMENT HOLDS A CO NSOLIDATED HEARING U NDER
PARAGRAPH (1) OF THIS SUBSECTION , THE CONSOLIDATED HEA RING SHALL BE
HELD IN ACCORDANCE W ITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE.
9–324.
(a) Subject to the provisions of this section, the Department may issue a discharge
permit if the Department finds that the discharge meets:
(1) All applicable State and federal water quality standards and effluent
limitations; and
(2) All other requirements of this subtitle.
(b) Before issuing a discharge permit, the Department AND THE APPLICANT
shall comply with the provisions of Title 1, Subtitle 6 of this article.
(c) The [information] INFORMATIONAL meeting required by Title 1, Subtitle 6
of this article shall be held in [the geographical area that will be most directly affected if
the discharge permit is issued] ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS
ARTICLE.
(d) The Department shall give public notice of each application for a discharge
permit as required by Title 1, Subtitle 6 of this article, and by making available to the public
appropriate documents, permit applications, supporting material, plans, and other relevant
information.
16–307.
(a) (1) Any person proposing to conduct on any wetland an activity not
authorized by the regulations adopted under the provisions of § 16–302 of this subtitle shall
apply for a permit with the Secretary, on the form the Secretary prescribes.
(5) (i) No later than 30 days after receipt of the application, the
Secretary shall issue public notice of the opportunity to submit written comments or to
request a hearing.
(II) A hearing shall be held if requested.
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(III) A HEARING REQUIRED UND ER THIS SECTION MAY BE HELD
USING TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY .
(IV) THE APPLICANT SHALL BEAR THE COST OF A HEARIN G
HELD USING TELECONFE RENCE OR INTERNET–BASED CONFERENCING
TECHNOLOGY IN ACCORD ANCE WITH SUBPARAGRA PH (III) OF THIS PARAGRAPH .
[(ii)] (V) (IV) If an electric company, as defined in § 1–101 of the
Public Utilities Article, applies to the Public Service Commission for a certificate of public
convenience associated with power plant construction which involves private wetlands, the
hearing and permit procedure shall be in accordance with § 3–306 of the Natural Resources
Article.
[(iii)] (VI) (V) At a requested hearing any person may appear and
give testimony.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, April 12, 2022.