# COMAR Title 26 — Department of the Environment

## Subtitle 19 — Oil and Gas Resources

### Chapter 02 — Natural Gas Category Determination Under the Natural Gas Policy Act of 1978

**Authority:** Environment Article, §14-103, Annotated Code of Maryland

**Administrative History:** Effective date: November 25, 1991 (18:23 Md. R. 2487)

**Administrative History:** Chapter recodified from COMAR 08.10.02 to COMAR 26.19.02, June 1996

#### Regulation .01 Category Determination Application Procedures for the Applicant.

*COMAR 26.19.02.01*

A. A person seeking a determination that natural gas meets the requirements under the Natural Gas Policy Act of 1978, §102, 103, 107, or 108 (15 U.S.C. §§3312, 3313, 3317, and 3318) shall submit to the Department:

  (1) An original and two complete copies of an application, on forms provided by the Department, containing all the information required to be filed under 18 CFR 274;

  (2) When an application for a category determination is sought for natural gas for which the applicant has an identified purchaser, a statement included in the application that the applicant has delivered or mailed a copy of the completed Federal Energy Regulatory Commission Form No. 121 to the purchaser;

  (3) A copy of a proposed notice of application that incorporates the requirements of §B of this regulation; and

  (4) Any additional information that the Department considers necessary after the Department's preliminary review of the application.

B. Notification.

  (1) Upon receipt of Departmental notification that an application is complete, the applicant shall advertise at least once a week for 2 consecutive weeks in a:

    (a) Local newspaper of general circulation in the county where the operation is located; and

    (b) Newspaper of general circulation Statewide.

  (2) The advertisement in §B(1) of this regulation shall contain, at a minimum, the following information:

    (a) A heading of “Notice of Application for Natural Gas Category Determination” in bold-face type;

    (b) The name and business address of the applicant, and the name and telephone number of an individual to whom questions regarding the application may be directed;

    (c) What category is being requested, and a summary of the economic impacts on the applicant, the purchaser, if applicable, and the consumer, if the application is approved; and

    (d) The name and address of the Department and a statement that:

      (i) A copy of the application is available for public inspection at the Department office,

      (ii) Written comments or objections on the application may be submitted to the Department within 30 days from the date of the last advertisement, and

      (iii) A public hearing will be held on the application, if a request for a public hearing is submitted to the Department within 15 days of the publication date of the last advertisement.

#### Regulation .02 Category Determination Application Review by the Department.

*COMAR 26.19.02.02*

A. The Department shall conduct a detailed review of the application and all other factors relevant to a natural gas category determination under State and federal law.

B. If a public hearing is requested, the Department shall notify the applicant in writing of the date, time, and location of the hearing.

C. Within 5 working days of the Department's notification under §B of this regulation, the Department shall provide general notice, at the applicant's expense, of the public hearing as follows:

  (1) The owner of surface rights and the owner of oil and gas rights on the tract of land where the well is located, and the purchasers, if applicable, as identified by the applicant, shall be notified in writing of the date, time, and location of the hearing;

  (2) A person who commented on or objected to the application shall be notified in writing of the date, time, and location of the hearing so that the person may attend and present their views either orally or in writing;

  (3) An advertisement shall be placed in a newspaper of general circulation in the county where the operation is located, and in a newspaper of general circulation Statewide, once a week for 2 consecutive weeks, ending not less than 15 days before the date of the hearing, stating the date, time, and location of the hearing;

  (4) A notice of the public hearing containing all pertinent information shall be placed in the Maryland Register.

D. A public hearing shall be held following the procedures established in COMAR 26.01.07.

E. The Department shall provide notice of a natural gas determination to the Federal Energy Regulatory Commission within 15 days after the Department's final decision.