1. A. Public Comments and Requests for Public Hearings.

   1. (1) During the public comment period provided, any interested person may:

      1. (a) Submit written comments on the draft permit; and
      2. (b) Request a public hearing, if no hearing has already been scheduled.
   2. (2) A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing.

   3. (3) The Secretary shall:

      1. (a) Consider all comments in making the final decision; and
      2. (b) Answer all comments as provided in §D of this regulation.

2. B. Obligation to Raise Issues and Provide Information During the Public Comment Period.

   1. (1) All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Secretary's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, shall raise all reasonably ascertainable issues and submit all reasonably available arguments and factual grounds supporting their position, including all supporting material, by the close of the public comment period, including any public hearing, under Regulation .20-2 of this chapter.
   2. (2) All supporting materials shall be included in full and may not be incorporated by reference, unless they are already part of the administrative record in the same proceeding, or consist of State or federal statutes and regulations, EPA documents of general applicability, or other generally available reference materials.
   3. (3) Commenters shall make supporting material not already included in the administrative record available to the Secretary.

   4. (4) Because a comment period longer than 45 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this regulation:

      1. (a) Commenters may request longer comment periods; and
      2. (b) The Secretary shall freely establish longer comment periods under Regulation .20-2 of this chapter to the extent they appear necessary and as required by Regulation 20-2D(5) of this chapter.

3. C. Reopening of the Public Comment Period.

   1. (1) If any data, information, or arguments submitted during the public comment period, including information or arguments required under §B of this regulation appear to raise substantial new questions concerning a permit, the Secretary may take one or more of the following actions:

      1. (a) Prepare a new draft permit, appropriately modified, and prepare a new tentative determination under Regulation .20-1A of this chapter;
      2. (b) Prepare a revised statement of basis, a fact sheet, or revised fact sheet and reopen the comment period; and
      3. (c) Reopen or extend the comment period to give interested persons an opportunity to comment on the information or arguments submitted.

   2. (2) If the comment period is reopened under §C(1)(c) of this regulation, the Secretary shall:

      1. (a) Limit the scope of comments that may be considered to the substantial new questions that caused the reopening of the comment period; and
      2. (b) Assure that public notice for the reopening of the public comment period issued according to Regulation .20-2 of this chapter defines the scope of the reopening.
   3. (3) The Secretary may, in the circumstances described in §C(1) and (2) of this regulation, elect to hold further proceedings.
   4. (4) The Secretary shall issue public notice of actions taken under §C(1) or (3) of this regulation under Regulation .20-2 of this chapter.

4. D. Response to Comments.

   1. (1) At the time that any final permit is issued, the Secretary shall:

      1. (a) Issue a response to comments, including a response to any comments on a proposed final determination submitted in accordance with Regulation .20-1E(2)(b) of this chapter; and
      2. (b) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change.

   2. (2) The Secretary shall include in the administrative record for the final permit decision:

      1. (a) All materials in the administrative record for the draft permit under Regulation .20-1D of this chapter; and
      2. (b) All new materials supplied during the public comment period, new points raised, and documents cited in the response to comments.
   3. (3) If new points are raised or new material is supplied during the public comment period, the Department may document its response to those matters by adding new materials to the administrative record.
   4. (4) The Secretary shall make the response to comments available to the public.

Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland

Effective date:

Regulations .01—.05 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)

Regulation .01 amended effective January 18, 1982 (9:1 Md. R. 20)

Regulation .02A—F repealed, and new .02A—O adopted effective January 31, 1983 (10:2 Md. R. 110)

Regulations .02A, B, F, J, L, M, N, .03A, B, C, L, M amended and .01C, P, and .05 adopted effective February 13, 1984 (11:3 Md. R. 202)

Regulations .02A, C, J, .03I amended and .01D, E, and .02Q adopted effective July 30, 1984 (11:15 Md. R. 1330)

Regulation .03A—E repealed, and new .03A—M adopted effective January 31, 1983 (10:2 Md. R. 110)

Regulation .05 repealed effective January 31, 1983 (10:2 Md. R. 110)

Chapter recodified from COMAR 10.51.07 to COMAR 26.13.07

Regulation .01 amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .01A amended effective May 24, 1993 (20:10 Md. R. 853)

Regulation .01F amended and G adopted effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .02A—D, J—L, and P amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .02D and E amended effective April 1, 1991 (18:6 Md. R. 690); May 24, 1993 (20:10 Md. R. 853)

Regulation .02F amended effective May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533)

Regulation .02I adopted effective April 11, 1994 (21:7 Md. R. 533)

Regulation .02R adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .03B, C, F, G, and L amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .04C adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .05B amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .11B amended effective December 23, 1991 (18:25 Md. R. 2759); April 11, 1994 (21:7 Md. R. 533)

Regulation .13 amended and recodified as Regulations .13 and .13-1—.13-3 adopted effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .13-1C adopted effective April 11, 1994 (21:7 Md. R. 533)

Regulation .13-2A amended effective April 11, 1994 (21:7 Md. R. 533)

Regulation .15E amended effective May 5, 1997 (24:9 Md. R. 659)

Regulation .21A, B amended effective March 15, 1993 (20:5 Md. R. 515)

Regulation .22B amended effective December 23, 1991 (18:25 Md. R. 2759)

Chapter revised effective September 10, 1997 (24:5 Md. R. 413)

Chapter revised effective October 16, 2000 (27:20 Md. R. 1843)

Regulation .11D amended effective November 1, 2002 (29:15 Md. R. 1647)

Regulation .13-2A amended effective November 1, 2002 (29:15 Md. R. 1647)

Regulation .23C amended effective November 1, 2002 (29:15 Md. R. 1647)

Chapter revised effective May 1, 2008 (35:8 Md. R. 809)

Regulation .01F repealed effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02D amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02-4B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .02-5B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .02-6C amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02-8B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .13-2A amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .17B amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20B amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-1 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-2 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-3C amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-4 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-5 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-6 amended effective October 1, 2025 (52:17 Md. R. 876)