Statement ofthe Air and Radiation Management Administration Department ofthe Environment for the Public Hearing Relating to Proposed Amendments to Maryland's New Source Review Regulations under COMAR 26.11.17

held on August 8, 2007 Baltimore, MD My name is Carl York. I amthe Special Projects Manager ofAir Quality Planning Program ofthe Air and Radiation Management Administration, Maryland Department of Environment (MOE). This publichearing is being held pursuant to the requirements of40 CFR Section 51.102 and Sections 2-301 et.seq. ofthe Environment Article, Annotated Code ofMaryland. Itis also being held in conformance with the State Administrative Procedures Act under the State Government Article, beginning at Section 10-101. Notice ofthis hearing appeared in the: Maryland Register onJuly 6, 2007; MOE's website from June 21, 2007 to August 8, 2007; Baltimore Sunon July 6, 2007; Saint Mary's Enterprise onJuly 6, 2007; Cumberland Times-News on July 6" 2007; FrederickNews-Post onJuly 6, 2007; Salisbury Daily Times on July 6,2007; and the Washington Post on July 5, 2007. Copies ofthese notices were submitted for the record. Copies ofthis proposed action and supporting documents were made available for review bythe State Clearinghouse and are also submitted atthis time into the hearing record. Copies were made also available for public inspection at the Air and Radiation Management Administration offices in Baltimore, Cumberland, and Salisbury, and at all local health departments or local air quality control offices. The purpose oftodayIS hearing is to give the public an opportunity to comment on proposed amendments to COMAR 26.11.17 concerningNew Source Review. Summary The purpose ofthis action is to amend COMAR 26.11.17 relating to requirements for the construction 

### ofnew major sources and major modifications so thatthey are compatible with revised federal new source review (NSR) nonattainment provisions.

1This chapter adopts most ofthe federal definitions and procedural requirements except for the provision relating to the determination ofemissionincreases. The Department maintains its current procedures that a baseline for determining emission increases should be based on a five year look-back inplace ofthe federal tenyear look-back. Unless there is good reason, a five year look-back should not only be representative ofnormal operations but more reflective of current emissions as compared to operations that existed nine or tenyears ago. Also, although use ofthe term "projected emissions" as determined through federal requirements is new to this chapter, the concept is not newbecause ofthe consideration given to emission increases causedby increased production orthe hours ofoperation. Underthe current regulations, these increases are not subject to NSR requirements. Under federal requirements the potential increases from increased production orhours ofoperation are subtracted from other increases due to a modification These amendments are a significant clarification ofnew source reviewrequirements for newmajor ormodified sources while maintaining the same substantive requirements relating to the major source definition and offsetratios. 

### Maryland's State Implementation Plan (SIP) These amendments will be submitted to the U.S. Environmental Protection Agency as a revision to Maryland's State Implementation Plan. 

### Consideration ofComments The Department will consider all comments before making a decisionto adopt these amendments.

L:\AQPlanning and Monitoring\Regulation Development Division\Hearing Materials\Hearing Statements\Hearing Stmt

- 2007· NSR.doc

2