Statement of the Air and Radiation Management Administration 

Department of the 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 am the Special Projects Manager of Air Quality Planning 

Program of the Air and Radiation Management Administration, Maryland Department of 

Environment (MOE). 

This public hearing is being held pursuant to the requirements of 40 CFR Section 51.102 

and Sections 2-301 et.seq. of the Environment Article, Annotated Code of Maryland. It is also 

being held in conformance with the State Administrative Procedures Act under the State 

Government Article, beginning at Section 10-101. 

Notice of this hearing appeared in the: 

Maryland Register on July 6, 2007; 

MOE's website from June 21, 2007 to August 8, 2007; 

Baltimore Sun on July 6, 2007; 

Saint Mary's Enterprise on July 6, 2007; 

Cumberland Times-News on July 6" 2007; 

Frederick News-Post on July 6, 2007; 

Salisbury Daily Times on July 6,2007; and the 

Washington Post on July 5, 2007. 

Copies of these notices were submitted for the record. 

Copies of this proposed action and supporting documents were made available for review 

by the State Clearinghouse and are also submitted at this 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 of today IS hearing is to give the public an opportunity to comment on 

proposed amendments to COMAR 26.11.17 concerning New Source Review. 

Summary 

The purpose of this action is to amend COMAR 26.11.17 relating to requirements for the 

construction of new major sources and major modifications so that they are compatible with 

revised federal new source review (NSR) nonattainment provisions. 

1 
This chapter adopts most of the federal definitions and procedural requirements except 

for the provision relating to the determination of emission increases. The Department maintains 

its current procedures that a baseline for determining emission increases should be based on a 

five year look-back in place of the federal ten year look-back. Unless there is good reason, a five 

year look-back should not only be representative of normal operations but more reflective of 

current emissions as compared to operations that existed nine or ten years ago. 

Also, although use of the term "projected emissions" as determined through federal 

requirements is new to this chapter, the concept is not new because of the consideration given to 

emission increases caused by increased production or the hours of operation. Under the current 

regulations, these increases are not subject to NSR requirements. Under federal requirements the 

potential increases from increased production or hours of operation are subtracted from other 

increases due to a modification 

These amendments are a significant clarification of new source review requirements for 

new major or modified sources while maintaining the same substantive requirements relating to 

the major source definition and offset ratios. 

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 of Comments 

The Department will consider all comments before making a decision to adopt these 

amendments. 

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