Adopted Water Regulations

List of Final Actions

The Secretary of the Department can adopt a regulation upon expiration of the 45th day after it is proposed in the Maryland Register.

After a regulation is adopted, a Notice of Final Action is published in the Maryland Register. If any nonsubstantive changes are made to a regulation from the original proposed text, the Notice of Final Action shows the changes with explanation for the changes. The Final Action also specifies the date on which the adopted regulations will go into effect.

Click here to see a full list of Code of Maryland Regulations (Title 26 - Department of Environment).

Update as of 11/14/2022

Program	Environmental Assessments and Standards
Regulation Title	Water Quality Standards
Purpose	The purpose of this action is to amend existing regulations under COMAR 26.08.02. Federal regulations at 40 CFR §131.20 require that states review and revise their water quality standards. This review process is known as the Triennial Review. This action fulfills Maryland’s Triennial Review requirement.
COMAR	This action amends Regulations .02-1, .03-2, .03-3, .04, .07, and .08, repeals existing Regulations .04-1 and .04-2, and adopts new Regulations .04-1, .04-2, and .04-3 under COMAR 26.08.02 Water Quality
Relevant Statutory Deadline	N/A
Target Effective Date	10/03/22
Status and related documents	Notice of Proposed Action was published in the Md. Register on 3/11/22 Final regulation published in Md. Register issue 9/23/22 The following three (3) documents were incorporated by reference: Procedures for Applying the Mussel-Absent Ammonia Criteria to Maryland Surface Waters Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries--2017 Technical Addendum Cold Water Existing Use Determinations: Policy and Procedures

Program	Wastewater Pollution Prevention and Reclamation Program
Regulation Title	On-site wastewater property transfer inspection license
Purpose	This action creates a new chapter titled “On-site Wastewater Property Transfer Inspection License.” During the 2021 Session, HB 407 and SB 22 passed to create the law prohibiting an individual from engaging in the business of inspecting an on–site sewage disposal system (OSDS) unless the person holds a valid on–site wastewater property transfer inspection license issued by MDE on or after July 1, 2022.
COMAR	26.04.12.01
Relevant Statutory Deadline	N/A
Target Effective Date	Effective on 8/24/22 Expires on 2/23/22
Status and related documents	These regulations were issued as emergency regulations because the date by which they were to be implemented had passed. Therefore, the regulation was published in Md. Register issue 9/23/22. A subsequent regular promulgation process will follow.

Program	Water Infrastructure Financing Program
Regulation Title	Bay Restoration Fund Implementation
Purpose	The purpose of this regulatory change is to authorize MDE to provide additional funding to local governments for Operation & Maintenance (O&M) grants for Waste Water Treatment Plants (WWTPs) achieving beyond Enhanced Nutrient Removal (ENR).
COMAR	26.03.13.03
Relevant Statutory Deadline	N/A
Target Effective Date	Effective on 5/17/21
Status and related documents	Notice of Proposed Action was published in the Md. Register on 1/15/21 Final regulation published in Md. Register issue 5/7/21

Program	Stormwater Dam Safety Program
Regulation Title	Construction on nontidal waters and floodplains: Small Pond Authority
Purpose	The purpose of this action is to amend COMAR 26.17.04.05 to authorize an entity designated by the Department of the Environment to approve certain small ponds in accordance with Environment Article, §§5-503, Annotated Code of Maryland, and to exempt from a dam safety permit small ponds in Use III watersheds approved by a local Soil Conservation District or the Department's designee. This action will align the regulations with the statute found in Environment Article, §5-503(b)(l)(i) and (2) , Annotated Code of Maryland.
COMAR	26.17.04.05
Relevant Statutory Deadline	N/A
Target Effective Date	Target date: 6/14/21
Status and related documents	Notice of Proposed Action was published in the Md. Register on 11/20/20 Final regulation published in Md. Register issue 6/4/21

Regulation Title	General Discharge Permit for Mineral Mines, Quarries, Borrow Pits, and Concrete and Asphalt Plants
Purpose	The goals of the changes are to 1) reduce confusion on who is covered; 2) provide better coverage under one permit for activities currently requiring two general permits (or in some cases by an individual permit); and 3) expand coverage to address a technology called hydrodemolition
COMAR	26.08.04.09, 26.08.01.01
Effective Date	11/23/2015

Regulation Title	Quality of Drinking Water in Maryland
Purpose	The revisions include the adoption of the Revised Total Coliform Rule (RTCR), which was finalized by EPA in February 2013, and a minor revision to the Disinfection Byproduct monitoring requirements (COMAR 26.04.01.15-2).
COMAR	26.04.01
Effective Date	8/29/2016

Regulation Title	Board of Well Drillers - Issuance, Renewal and Reinstatement of Licenses
Purpose	To reduce fees for applications, initial licenses and renewals.
COMAR	26.05.02
Effective Date	8/29/2016

Regulation Title	Waterworks and Waste Systems Operators - General Regulations
Purpose	To reduce fees for certification, renewal and reciprocity fees.
COMAR	26.06.01
Effective Date	8/29/2016

Regulation Title	Best Available Technology for Removal of Nitrogen (BAT)
Purpose	The purpose of this action is to remove the universal requirement that Best Available Technology for Removal of Nitrogen (BAT) systems be installed outside the Critical Area for all new construction septic systems, unless the local governing body enacts code in order to protect public health or waters of the State, or the system design is 5,000 gallons per day or greater.
COMAR	26.04.02.07
Effective Date	11/24/2016

Number of Adopted Water Regulations : 5