MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore MD 21230 

410-537-3000 • 1-800-633-6101 

 Shari T. Wilson

Secretary

Robert M. Summers, Ph.D.

Deputy Secretary

Martin O’Malley 

Governor 

Anthony G. Brown Lieutenant Governor 

 February 20, 2008 

CERTIFICATE OF PUBLICATION 

This is to certify that the “Maryland Department of the Environment (MDE) Notice of Public Hearing on the 

Proposed Implementation, Maintenance, and Enforcement of the PM2.5 National Ambient Air Quality 

Standard State Implementation Plan (SIP)” was published on MDE’s web site on February 20, 2008. It will 

remain posted on the site until the public hearing has been held on March 26, 2008. The notice in full with 

links to the proposed SIP may be found in the following web address: 

http://www.mde.state.md.us/AboutMDE/reqcomments.asp

Web publication of the notice was at the request of Deborah Rabin, Regulations Coordinator of the Air and 

Radiation Management Administration of MDE. 

 By: 

 DIANA ALEGRE 

 MDE Webmaster 

 

Attachments: 

Copy of web page as published. 

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 Recycled Paper www.mde.state.md.us TTY Users 1-800-735-2258 

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Home > About MDE > MDE Request for Comments

MDE Public Meetings, Hearings and Request for Comments 

A list of MDE's public meetings and hearings are available in the MDE Calendar. 

Please call or email contact person cited in meeting details for materials for comment 

and other questions. 

 Request for Comments on Proposed Regulations for the Beneficial Use

of Coal Combustion Byproducts (CCBs)

The Maryland Department of the Environment (MDE) is seeking information and written 

comments from the public related to the beneficial use of coal combustion byproducts 

(CCBs). CCBs include fly ash, bottom ash, scrubber sludge and other byproducts 

generated by coal combustion. MDE plans to propose regulations, which will be 

promulgated at a future date, to ensure that, when CCBs are beneficially used, standards

are in place that will protect public health and the environment. These standards may 

include design and siting criteria concerning the beneficial use of CCBs. 

Written comments are being sought by MDE concerning appropriate uses of CCBs 

and appropriate design standards for the use of CCBs: in structural fills or building sites; 

as roadway fill and in highway embankments; as a soil conditioner or soil amendment; 

and as an ingredient in products such as concrete. MDE also seeks comments related to 

the characterization of CCBs for beneficial uses; reporting requirements and approval by 

MDE of beneficial uses; and standards for the environmental monitoring of beneficial use 

applications. 

MDE will hold a public meeting on February 26, 2008 at 10:00 a.m. to obtain 

comments from interested parties. Click here for more information on CCBs. 

 Request for Comments on Preliminary Draft to Renew the General 

Permit for Concentrated Animal Feeding Operations (CAFOs)

The Maryland Department of the Environment has developed a preliminary draft to 

renew the general permit for concentrated animal feeding operations (CAFOs). 

Background: A draft proposal to renew the permit was published in December 2004, 

and hearings were held in January 2005. In the interim, the federal regulations, which 

served as the basis of that draft, were challenged in federal court and never finalized. In

May of 2007, MDE and the Maryland Department of Agriculture publicly committed to 

update and implement the original proposal to address issues that are important to the 

Chesapeake Bay restoration. Since significant time has elapsed since the publication of 

the previous tentative determination and hearings, MDE is providing an informal 

comment opportunity prior to publishing a new tentative determination. 

Proposal: Requirements for existing, permitted CAFOs have changed. MDE has added a 

requirement for a comprehensive nutrient management plan (CNMP) developed for the 

facility with an opportunity for public review and comment on that plan. This permit 

regulates poultry growers for the first time and includes requirements to properly store 

and handle dry manure. 

Process: MDE has extended the preliminary comment period and intends to publish a 

revised tentative determination (draft permit) by March 31, 2008. EPA is also preparing

final regulations for CAFOs and may issue these regulations at any time. While the 

tentative permit determination will include a formal opportunity to comment on the 

permit, MDE welcomes, in the interim, any written comments on the preliminary 

MDE Request for Comments Page 1 of 3

http://www.mde.state.md.us/AboutMDE/reqcomments.asp 2/20/2008
draft available on the MDE website. MDE also reserves the right to initiate its own 

changes to the draft proposal. MDE is specifically reviewing the fee structure to ensure 

that the Department will have adequate resources to properly implement these new 

requirements. 

MDE will also propose regulations to formally implement the general permit for AFOs by 

March 31, 2008. These regulations will also outline the process for formal public review 

and comment for each request to register a facility under the general permit. 

Written comments on the preliminary draft permit should be submitted by the close of 

business, March 31, 2008 to Maryland Department of the Environment, Water 

Management Administration, 1800 Washington Blvd., Ste 455, Baltimore Maryland 

21230, Attn: Edwal Stone, or via email to estone@mde.state.md.us. 

The full text of the preliminary draft to renew the general permit for concentrated animal

feeding operations (CAFOs) may be viewed here . 

Frequently Asked Questions about Proposal to Regulate Animal Feeding Operations may 

be viewed here. 

 Public Hearing Concerning Proposed CO2 Budget Trading Program

The MD Dept. of the Environment gives notice of a public hearing concerning proposed 

new air quality regulations necessary to implement a requirement of the Healthy Air Act 

(Ch. 23, Acts of 2006), that was signed into law on April 6, 2006 and that required 

Maryland to join the Regional Greenhouse Gas Initiative (RGGI) by July 2007. Maryland 

joined RGGI by signing RGGI's multi-state Memorandum of Understanding (MOU) on 

April 20, 2007. The MOU requires Maryland to adopt regulations implementing the RGGI 

program by December 31, 2008. 

The Regional Greenhouse Gas Initiative is a market-based carbon dioxide (CO2) cap and 

trade program designed to reduce CO2 emissions from fossil fuel-fired power plants. The 

program will be implemented by the participating states in January 2009. As there are 

no technological controls available to reduce CO2 emissions, the program provides for 

the sale of a determined quantity of CO2 allowances. Electric generators will be required 

to purchase one CO2 allowance for every ton of CO2 emitted. The proceeds will be used 

to fund energy efficiency programs, resulting in reduced CO2 emissions achieved through

reduced electrical demand. These regulations will apply to fossil fuel-fired generating 

units over 25 megawatts. 

The proposed regulations under the new Subtitle COMAR 26.09 include: 

(1) new Regulations .01 - .06 under a new chapter, COMAR 26.09.01 General 

Administrative Provisions; 

(2) new Regulations .01 - .10 under a new chapter COMAR 26.09.02 Applicability, 

Determining Compliance and Allowance Distribution; and 

(3) new Regulations .01 -.09 under a new chapter COMAR 26.09.03 Offset Projects. 

The full text of these new regulations will appear in the Maryland Register and at 

http://www.dsd.state.md.us/mdregister/ on February 1, 2008. The Technical Support 

Document is available for public review on the Maryland Department of the 

Environment's website. Click here to view the Technical Support Document (PDF) . 

The proposed action and technical support document are also available for review at the 

following locations: the Air and Radiation Management Administration; regional offices of 

the Department in Cumberland and Salisbury; all local air quality control offices; and 

local health departments in those counties not having separate air quality control offices.

A Public Hearing on the proposed action will be held on March 12, 2008 at 10 

a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st 

Floor Conference Rooms, Baltimore, Maryland 21230-1720.

Interested persons are invited to attend and express their views. Comments may be 

mailed to Deborah Rabin, Regulations Coordinator, Air and Radiation Management 

Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, 

Baltimore, Maryland 21230-1720, or emailed to drabin@mde.state.md.us, or faxed to 

MDE Request for Comments Page 2 of 3

http://www.mde.state.md.us/AboutMDE/reqcomments.asp 2/20/2008
(410) 537-4223. Comments must be received not later than March 12, 2008, or be 

submitted at the hearing. For more information, call Deborah Rabin at (410) 537-3240. 

Anyone needing special accommodations at the public hearing should contact the 

Department's Fair Practices Office at (410) 537-3964. TTY users may contact the 

Department through the Maryland Relay Service at 1-800-735-2258. 

 Public Hearing Notice on the Proposed Implementation, Maintenance, 

and Enforcement of the PM2.5 National Ambient Air Quality Standard 

State Implementation Plan

The Maryland Department of the Environment will hold a public hearing concerning: 

(1) a proposed State Implementation Plan (SIP) to meet obligations regarding 

implementation and enforcement under Section §§110(a)(2)(A)–(M) of the Clean Air Act 

of the PM 2.5 National Ambient Air Quality Standards (NAAQS); and 

(2) Section B of the proposed plan entitled "Ambient Air Quality Monitoring/Data 

System", when approved by the Environmental Protection Agency (EPA), will also 

supercede the air quality monitoring network SIP revision of December 20, 1979 which 

was approved by the EPA on August 31, 1981 (46 FR 43677). 

The public hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 

7410 (a) and 40 CFR 51.102). After consideration of all comments received, the 

proposed plan will be submitted to the U.S. EPA for approval as part of Maryland's SIP. 

The proposed plan document has been made available on the Maryland Department of 

the Environment's website at 

http://www.mde.state.md.us/Programs/AirPrograms/air_planning/index.asp

Note: The public library systems in Maryland can be used for Internet access to view the 

document. 

Copies of the document can also be viewed at the Maryland Department of the 

Environment, Air and Radiation Management Administration, 1800 Washington 

Boulevard, Suite 730, Baltimore, Maryland. Contact: Deborah Rabin. 

Comments on this proposed plan may be (1) presented at the hearing, (2) mailed to 

Deborah Rabin, Air and Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720, 

(3) emailed to drabin@mde.state.md.us, or (4) faxed to (410) 537-4223. Comments 

must be received not later than March 26, 2008. For more information, contact 

Deborah Rabin at (410) 537-3240 (Toll free in Maryland call (800) 633-6101 ext. 3240 

or e-mail drabin@mde.state.md.us. 

The public hearing on the proposed plan will be held on March 26, 2008 at 10 

a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st 

Floor Aeris Conference Room, Baltimore, Maryland 21230-1720.

Anyone needing special accommodations at the hearing should contact the Department's 

Fair Practices Office at (410) 537-3964. TTY users may contact the Department through 

the Maryland Relay Service at 1-800-735-2258. 

 

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Maryland Department of the Environment | ©Copyright 2002-2008 | All rights reserved. 

 

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Diana Alegre Submit 2/20/2008 11:19:12AM View Content

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Diana Alegre Publish 2/20/2008 11:18:30AM View Content

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