MARYLAND DEPARTMENT OF THE ENVIRONMENT 

MDE 

1800 Washington Boulevard • Baltimore MD 21230 

410-537-3000. 1-800-633-6101 

--o Martin O'Malley 

Governor 

Anthony G. Brown 

Lieutenant Governor 

January 11, 2011 

CERTIFICATE OF PUBLICATION 

Robert M. Summers, Ph.D. 

Acting Secretary 

This is to certifY that the "Maryland Department of the Environment (MDE) Notice of Public Hearings 

Concerning Proposed Amendments to Two Subtitles of Title 26 of the Code of Maryland Regulations (i.e, 

Subtitle 09 on Maryland C02 Budget Trading Program and Subtitle 11 on Air Quality) and Submission to 

EPA of Maryland's State Implementation Plan" was published on MOE's web site on January 11, 2011. It 

will remain posted on the site until February 16, 2011 . The notice in full with links to technical supporting 

documents may be found in the following web address: 

http://www.mde.state.md. us/ AboutMDE/pages/regcomments.aspx 

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

Radiation Management Administration of MOE. 

DIANA 

Attaclunents: 

Copy of web page as published. 

www.mde.state.md.us 

By: 

ALEGRE 

MDE Webmaster 

TTY Users l-8D0-73S·22S8 

Via Maryland Relay Service 
MDE Public Meetings, Hearings and Request for Comments 

• MDE Calendar 

The complete listing of MOE public meetings and hearings •s posted in the MDI! C:e!rndu. Please call or email 

contact person ctted In the meeting details for any questions or to send a comment. 

• Maryl•nd Department Df the Environment Proposed Calendar Year 2011 Standard Permit 

Application Turnaround Times. 

Please click bem for more Information. 

• Notice of Public Hearings Concemlng Proposed Amendments to Twa subtitles of Title 26 of the 

Code of M•rvl•nd Regul•tlans (I.e, Subtitle 09 on M•rvl•nd C02 Budget Tr•dlng Progr•m and Subtitle 

11 on Air Qu•llty) and Submission to EPA of Maryland's State Implementation Plan 

The Maryland Department of the Environment gives notice of public hearings concerning: 

• Proposed amendments to regulations under two (2) Subtitles of Title 26 of the Code of Maryland Regulations 

(COMAR): 

- Subtitle 09 Maryland C02 Budget Trading Program 

- Subtitle 11 Air Quality 

• Submission of spedflc regulations (noted where approprtate) to the Environmental Protection Agency (EPA) for 

approval as part of Maryland's State Implementation Plan. The proposed actions are brtefly described below: 

1. Opeclty Requirement. for Fuel Bumlng Equipment that DemonW.te Compliance with COM Data. (SKJ:mf 

Merged Do<:ument. and EPA Merged oocument;) 

a. The following COMAR regulations which became effective on May 17, 2010 will be submitted to EPA for approval as 

part of Maryland's State Implementation Plan. These adopted regulations contain requirements to demonstrate 

compliance with visible emission limitations through the use of continuous opacity monitors (COMs) (see Maryland Register 

Proposed and Fino! Artlpns): 

(1) Amendments to Regulations .01 and .05 under COMAR 26.11.01 General Admin strative Provisions. 

(2) Repeal of Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions, to be replaced wtth New 

Regullltions .10 and .11 under COMAR 26.11.01 General Administrative Provisions. The repealed Regulat on .11 was a 

State-only regulation that was not submitted to EPA for approval as part of Maryland's State Implementat.on Plan. 

(3) Amendments to ·Regulatlons .01 and .OS of COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Installations. 

b. This action also Includes a proposal to amend Regulations .10 and .11 under COMAR 26.11.01 General Administrative 

Provisions and Regulations .01 and .OS under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Installations. The purpose of this proposed action Is to make minor 

administrative corrections to the Department's opadty regulations that became effective May 17, 2010. These 

administrative corrections will also be submitted to EPA for approval as part of Maryland's State Implementation Plan. 

(SCe ta.-tb Tcehnlql Supoort Document.) 

c. Incinerators - Opacity 

This action will amend Regulations .02, and .04, .0?, and .08 under COMAR 26.11.08 Control of Incinerators. The purpose 

of this action Is to: (1) clartty requirements for Incinerators that demonstrate compliance with visible emissions (VE) 

standards through use of continuous opacity monitors (COMs); and (2) delete the applicability of the Department's 

Technical Memorandum 90·01 (TM) for incinerators equipped with COMs. 

Only the proposed addition of Section .021 and the proposed amendments to Regulation .04 will be submitted to the U.S. 

Environmental Protection Agency {EPA) for approval as part of Maryland's State Implementation Plan. This action also 

announces that the current COMAR 26.11.08 definitions under Regulation .01 related to Section .02I and the amendments 

to Regulation .04 will be submitted to EPA for approval as part of Maryland's State Implementation Plan. <.Sca..J.c.. 

Technical Support Qocument,) 

:z. Quality A .. urance/Quallty Control Procedures for Contlnuau• Opadty Monlton 

This action (1} repeals Regulations .01- .15 under COMAR 26.11.31 Small Business Pollution Compliance Loan Program to 

reflect the repeal of the Small Business Pollution Compliance Lo11n Fund effective October 1, 2009 (House Bill 1416}; and 

(2) codifies the quality assurance and quality control procedures for continuous opacity monitors under new Regulations 

.01- .12 under a new chapter, COMAR 26.11.31 Quality Assurance Requirements for Continuous Opacity Monitors (COMs). 

The purpose of this action Is to discontinue the use of the Department's Technical Memorandum 90·01 (TM90·01) 

"Continuous Emission Monltortno (CEM) Policies and Procedures" for the fuel burning equipment and replace TM90·01 with 

this new chapter. This action will be submitted to EPA for approval as part of Maryland's State Implementation Plan. (SU 

Technic;al Support Dgcument,) 

3. EPA's PNVentlon of Significant Deterioration (PSD) and Title Y Greenhouse Gas Tellarfng Rule ("Tailoring 

Rule) 

This action will amend (1) Regulation .01 under COMAR 26.11.01 General Administrative Provisions; (2) Regulations .01 

and .12 under COMAR 26.11.02 Permits, Approvals, aod Registration; and (J) Regulation .14 under COMAR 26.11.06 

General Emission Standards, Prohibitions, and Restrictions. This action will Implement the requirements of the U. S. 

Environmental Protectloo Agency's rEPA") final Prevention of Significant Deterioration and Title V Greenhouse Gas 

Tailoring Rule ("Tallortng Rule"), which was published In the Federal Register on June 3, 2010 (75 FR 31514). This action 

will be submitted to the u.s. Environmental Protection Agency (EPA) for approval as part of Maryland's State 

Implementation Plan. (See Tccbolql SupPPrt QO<:yment.) 

4. Requirements Regarding Buslnen M•chlnes and Pl••tle Part. Coating 

This action amends Regulation .07 and adopts new Regulation ,0?·2 under COMAR 26.11.19 VolaMe Organk: Compounds 
·-. ·-~--...... -··········-

from Spec.flc Processes to adopt EPA's Control Techniques Guidelines (CTG) for business machines and plast c parts 

coating. This action will be submitted to the u.s. Environmental Protection Agency (EPA) for approval as part of 

Maryland's State Implementation Plan. (Sec Technical SupRPrt Qocumcnt,) 

s. Drum •nd P•ll Co•tlng 

This e~ctlon amends Regulation .13 under COMAR 26.11.19 Volatde Organic Compounds from Specific Processes to adopt 

the requirements of the EPA's CTG standards that ror drum.and pe~ll coating. This action will be submitted to the U.S. 

Envlronmentlll Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. (Sec Jccbnl&~l 

Suoggrt pocumc:pt.) 

1. Low l!ml .. lon• Vehlde Provr•m Upd•ta 

Amc:nd Regulation .02 under COMAR 26 .11.34 Low Emissions Vehicle Program to update Maryland's Clean car regulations 

to reflect the changes made to the California Low Emissions Vehicle Program (I.e., CAL.EV or Oean Car Program) since the 

last Maryland update In 2009. This action will be submitted to the U.S. Environmental Protection Agency (EPA) for 

approval as part of Maryland's State Implementation Plan. (See Ipplc.ol Sypoott Qoxymcpt,) 

7 , Amen·dment. to U1•d Oll•nd W••ta Combustible Flulda Requirem.nts 

This action will amend Regulations .01, .02 11nd .10 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary 

Internal Combustion Engines, and Certain Fuet·Bumlng I nsteUatlons to amend Maryland's requirements regarding the 

burning of used oil and waste combustible fluid. (Su Tecbn!Qtl suooort pocumept.) 

1. Vohantary Ren-•ble Set·••lde Account 

This action will amend Regulation .02 under COMAR 26.09.01 General Administrative Provisions and Regulation .08 under 

COMAR 26.09.02 Applicability, Determining Compliance, and Allowance Distribution. These amendments al'fect: (1) 

definitions; (2) c:llglbUity for partldpatlon In the Voluntary Renewable Set -aside Account (VERSA); (3) submission date for 

the VERSA; (4) Voluntary Renewable C02 Emissions Factor; (5) additional evaluation In the two year review for the 

VERSA; and (6) removal of power purchase contract requirement In the VERSA. (Sec T!!cbnlc.al SuQI)Qrt Poc;yment.) 

9. Requirements for CUrtailment Service Provtden 

This action will: (1) 11mend Regulation .10 under COMAR 26.11.02 Permits, Approvals, and Registration; (2) amend 

Regulation .01 and repeal Regulation .08·1 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Instellatlons; and (3) adopt new Regulations .01 - .04 under COMAR 

26.11.36 Distributed Generation. The action estebllshes annual reporting requirements for Curtailment Service Providers 

(CSPs) and detlllls minor clanflcatlons relating to emergency generators and load shaving units. (See TcchnlQtl Support 

Qo<:umcnt.) 

The full text of the proposed actions will appear In the Mctrylctnd Register and at 

http·llwww dscf state md,ysJmdregtsterlmdreglstec.ISPX on January 14, 2011. 

The technical support documents (ISDs) are available for public review on the Maryland Department of the Environment's 

website at the following address: bttn·llwww rode 5tate rod ustoboutmdetoaoevrcq,omments ospx 

The proposed actions and supporting documents are also available for review at the following locations: the Air and 

Radiation Mctnagement Administration; regional offices of the Department In Cumberland and Silllsbury; all local air quality 

control offices; and local hnlth departments In those counties not having separate air quality control offices. 

Public hearings on the proposed actions will be held on February 15, 2011 at 10 a.m. at the Department of the 

Environment, 1800 Washington Boulevard, 1st Floor Conference: Roams, Baltimore, Maryland 21230·1720. 

Interested persons are Invited to attend and express their views. Comments may be mailed to Deborilh R11bln, Regulations 

Coordinator, Air and Radl11tlon Management Administration, Department of the Environment, 1800 Washington Boulc:vard, 

Suite 730, Baltimore, Maryland 21230·1720, or emalled to drablnOmde.state.md.us, or faxed to (410) 537-4223. Comments must be received not later than February 16, 2011, or be submitted at the hearing. For more Information, call 

Deborah Rabin at (410) 537·3240. 

Anyone needing special a~:commodatlons at a public hearing should contact the Department's Fair Prctctlces Office at (410) 

537-3964. TTY users may contact the Department through the Maryland Relay Service at 1·800·735-2258. 
0 

• 
(1/13/2011) Debbie Rabin- Notice of PublicH"eariilSs- -- Please confirm receipt ~ 

. ., . ' --------------------~--------------------------·------

From: Debbie Rabin 

To: 

CC: 

All County Environmental Health Directors; All County Health Officers; ... 

Horacia Tablada; Jay Sakal 

Date: 1/13/2011 6:15PM 

Subject: Notice of Public Hearings • Please confirm receipt 

MARYLAND DEPARTMENT OF THI! ENVIRONMENT 

AIR a RADIAnON MANAGEMENT AOMINISTRAnON 

NOnCI! OF PUBUC HI!AIUNGS 

The Maryland Department of the Environment gives notice d public hearings concerning: 

• proposed amendments to regulaHons under two (2) Subtitles d Title 26 of the Code of Maryland Regulations (COMAR): 

o Subtitle 09 Maryland C02 Budget Trading Program 

o Subtltie 11 Air Quality 

• submission or spedftc regulations (noted where appropriate} to the Environmental Protection Agency (EPA) for approval 

as part d Maryland's State Implementation Plan. The proposed acHons are briefly described below: 

1. Opacity Requlrementa for Fuel aumlngl!qulpment that Demonstratll CompUance with COM Data. 

a. The following COMAR regulations which became effective on May 17, 2010 will be submitted to EPA for approval as part 

of Maryland's State Implementation Plan. These adopted regulaHons contain requirements to demonstrate compliance with visible 

emission limitations through the use of continuous opadty monltDrs (COMs): 

(1} Amendments to Regulations .01 and .OS under COMAR 26.11.01 General Administrative Provisions. 

(2} Repeal of Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions, to be replaced with New 

RegulaHons .10 and .11 under COMAR 26.11.01 General Administrative Provisions. The repealed Regulation .11 was a State-only 

regulation that was not submitted to EPA for approval as part d Maryland's State Implementation Plan. 

~ 

(3) Amendments to Regulations .01 and .05 of COMAR 26.11.09 Control of Fuef-Bumlng Equipment, Stationary Internal 

Engines, and certain Fuei·Bumlng Installations. 

b. This action also lndudes a proposal to amend Regulations .10 and .11 under COMAR 26.11.01 General Administrative 

Provisions and Regulations .01 and .OS under COMAR 26.11.09 Ccntrol of Fuef-Bumlng ~Stationary Internal Combustion 

Engines, and Certain Fuei-Bumlng Instanations. The purpose or this proposed action is to make minor adtnlnlstratlve corrections to 

the Department's opacity regulations that became efl'ectMI May 17, 2010. These administrative corrections will also be submitted 

to EPA for approval as part d Maryland's State Implementation Plan. 

c. Indnerators • Opacity 

This action will amend Regulations .02, and .04, .07, and .08 under COMAR 26.11.08 Control of Indnerators. The purposed this 

action Is to: (1) darifV requirements for incinerators that demonstrate ccmplianat with visible emissions (VE) standards through use 

of continuous opacity monitorS (COMs); and (2) delete the appllc:.abillty of the Department's Technical Memorandum 90·01 (TM) for 

tndneratcn equipped with COMs. 

Only the proposed addition or Section .021 and the proposed amendments to Regulation .04 will be submitted to the U.S. 

Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. This action also announces 

that the current COMAR 26.11.08 definitions under Regulation .01 related to Section .021 and the amendments to Regulation .04 

will be submitted to EPA for approval as part of Maryland•s State Implementation Plan. 

z. Quality Assurance/Quality COntrol Procedu,... for Continuous Opacity Monlton 

This action (1) repeals Regulations .01 • .15 under COMAR 26.11.31 Smalllllslness Pollution Compliance loan Program to reflect 

the repeal of the Small Business Pollution Compliance Loan Fund effective October l, 2009 (House Bill1416); and (2) codifies the 

quality assurance and quality control pnxedures for continuous opacity monitors under new Regulations .01 - .12 under a new 

chapter, COMAR 26.11.31 Quality Assurance Requirements for Continuoos Opacity Monitors (COMs). The purpose of this action is to 

discontinue the use of the Department's Technical Memorandum 9D-01 (TM91l-01) "Continuous Emission Monitoring (CEM) Policies 

and Procedures" for the fuel burning equipment and replace TM90·01 with this new chapter. This action will be submitted to EPA 

for approval as part of Maryland's State Implementation Plan. 

3. EPA's Prevention of Significant Detertoratlon (PSD) and ntle V Greenhouse Gu Tailoring Rule ("Tailoring Rule) 

This action will amend (1) Regulation .01 under COMAR 26.11.01 General Administrative Provisions; (2) Regulations .01 and .12 

under COMAR 26.11.02 Permits, Approvals, and Registration; and (3) Regulation .14 under COMAR 26.11.06 General EmiSSion 

Standards, Prohibitions, and Restrictions. This action will implement the requirements of the U. S. Environmental Protection 

Agency's ("EPA") final Prevention of Significant Deterioration and ntle V Greenhouse Gas Tailoring Rule ('Tailoring Rule"), which 
was published in the Federal Register on June 3, 2010 (75 FR 31514). This action will be subn11tted to the U.S. Environmental 

Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. 

4. Requirements Regarding Busfneu Machines and Plastic Parts Coating 

This action amends Regulation .07 and adopts new Regulation .07-2 under COMAR 26.11.19 Volatile Organfc Compounds from 

Specific Processes to adopt EPA's COntrot Techniques Guidelines (CTG) for business machines and plastic parts coating. This action 

will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. 

5. Drum and Pall Coating 

This action amends Regulation .13 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes to adopt the 

requirements d the EPA's CTG standards that for drum and pall coating. Thls action will be submitted to the U.S. Environmental 

Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. 

6. Low Emlalon. Vehlde Progrem Update 

Amend Regulation .02 under COMAR 26.11.34low Emfssfons Vehicle Program to update Maryland's aean Car regulations to reflect 

the changes made to the Callfomia Low Emissions Vehicle Program (I.e., CALEY or Cean Car Program) since the last Maryland 

update In 2009. This action wiH be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's 

State Implementation Plan. 

7. Amendment. to Uled 011 and Wast. COmbultlble Fluids Requirement. 

This action will amend Regulations .01, .02 and .10 under COMAR 26.11.09 Control of Fuei-Buming Equipment, StatlonaJY Internal 

Combustion Engines, and Certain Ft.lei-Bumlng Installations to amend Maryland's requirements regarding the burning of used oil 

and waste combustible fluid. 

8. Voluntary Renewable set-ulde Account 

Thls action will amend Regulation .02 under COMAR 26.09.01 General Administrative Provisions and Regulation .08 under COMAR 

26.09.02 Applicability, Determining Compliance, and Allowance Distribution. These amendments affect: (1} definitions; (2) eligibility 

for participation in the Volunta!"f Renewable set·aside t\ax)unt (VERSA); (3) submission date for the VERSA; (4) VoluntaJY 

Renewable C02 Emissions Factor, (5) additional evaluation In the two year review for the VERSA; and (6) removal of power 

pUrChase contract requirement In the VERSA. 

9. Requirement. for CUrtailment Servia~ Providels 

This actlon will: (1) amend Regulation .10 under COMAR 26.11.02 Permits, Approvals, and Registration; (2) amend Regulation .01 

and repeal Regulation .08-1 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Statronary Internal Combustion Engines, 

and Certain Fuel-Burning Installations; and (3} adopt new Regulations .01 - .04 under COMAR 26.11.36 Distributed GeneratiOn. 

The action estabHshes annual reporting requirements for Curtailment Service Providers (CSPs} and details minor daritlcatiOns 

relating to emergency generators and load shaving units. 

The full text r:l the proposed actions will appear In the Maryland Bealst:er and at 

http;/fwww,dsd,state.md.U$'fl'ldrcgjster/mdregistec.aspx on January 14, 2011. 

The tec:hnlall support documents {TSOS) are available for public review on the Maryland Department of the Environment's website 

at the following address: http;/lwww,m!1e.state,md,us/aboubndefoaaeslreocommeots.asox 

The proposed actions and supporting documents are also available for review at the following locations: the /IJr and Radiation 

Management Administration; regional offices of the Department in Cumberland and Salisbury; all local air quality conb'ol offices; and 

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

Please make these materials avaj(able In vour otnce for oubl!c reyjew. 

Public heartnga on the proposed action. will be held on February 15, 2011at 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, A;r and Radiation Management Administration, Department of the Environment, 1800 Washington Boulevard, Sutte 

730, Baltimore, Maryland 21230-1720, or emailed to drabln·,§?mde.state,md,us, or faxed to (410) 537-4223. Comment. must be 

received not later than February 11, 2011, or be submitted at the hearing. For more information, call Deborah Rabin at (410) 

537-3240. 

Anyone needing special accommodations at a public hearing should contact the Departmenrs Fillr Practices Office at (410) 537-
(ii1312011) Debbie Rabin - NotiCe of PubliC Hearings - Please cOiifirmreceipt 

3964. TTY users may contact the Department through the Maryland Relay Service at 1-SQ0-735-2258. 

Deboi'M Rabin, Regulations Coordinator 

Air • Radiation Management Administration 

Maryland Dept. of the Envtronment 

1800 Washington Blvd., Suite 730 

Baltimore, MD 21230 

Telephone Number: (410)-537-4414 

PE 
. -
Messageld: 402F412A.B4E : 96 : 46318 

Subject: 

Created By: 

Notice of Public Hearings - Please confirm receipt 

drabln@mde.state.md.ue 

Scheduled Date: 

Creation Date: 

From: 

Recipients 

Recipient 

S:!J epa.gov 

1/13/2011 6:15PM 

Debbie Rabin 

BC: Cristina Fernandez (femandez.cristina) 

BC: Hal Frankford (frankford.harold) 

BC: Kathleen Cox (cox. kathleen) 

BC: Marcia Spink (spink.mercia) 

BC: Marilyn Powera (Powera.Marilyn) 

S:!J epamail.epa.gov_ 

BC: Chris Cripps (Cripps. Christopher) 

9 FIELD_OFFICES_PO.FIELD_OFFICES 

To: Altegany County ~nvironmental Health Director (AL Co Env Health Director~ 

To: Allegany County Health Officer (Al Co Health Officer) 

To: Anne ~ndel County Environmenta~ Health Director (AA C~ Env Health Director) 

To: Anne Anmdt~ Health Officer (fA Co Health Officer) _ _ 

To: Baltimore City §nvlronmenf!~ Health ~rector (BA Cty _En! H_!altt!_ Director) 

To: Baltimore Ci~ Health otrlc:er (~ Cty Health Officer) _ _ 

To: Baltimore County ~nvironmental ealth Director (BA Co Env Health Director) 

To: Baltimore County Environmental Health Director 2 (BA ~<! E~v Health Director2) 

To: Baltimore County Health ()fflcer (BA Co Health Officer) ·- To: Calvert Coun~ Env~nmen~ Health Director (CA ~ Env ~ealth Director~ 

To: Calve~ County Health ~cer (CA Co Health Officer!_ 

To: Caroline and ~nt County !fe~lth Officer (CO and KE Co Health ~fflcer~ 

To: Carolfne County Environmental Health Director (CO Co Env Health Director) 

To: Carroll County Environmental He~lth Director (CL Co_ Ef!.V Health Director) 

To: Carroll County He~ Officer (CL Co Health Officer). 

To: Cecil County Environmental Health Director (CE ~ Env Health Director) 

To: Ctcil County Health Officer (C~ Co Health Officer) 

To: Chartes County Environmental Health Director (CH Co Env Health Director) 

To: Charles County Health Officer (CH Co Health Officer) 

To: Dorchester County Environmental Health !Jirector (DO Co Env Health Director) 

To: Dorchester County Health Officer (DO Co Health Officer) 

To: Frederic~( County Environmental Health Director (FR Co Env Health Director) 

To: Frederic~( County Health Officer (FR Co Health Officer) 

To: Garrett County Environmental Health Director (GA Co Env Health Director) 

To: Garrett County Health Officer (GA Co Health Officer) 

To: Harford County Enwonmental Health Director (HA Co Env Health Director) 

To: Harford County Health Officer (HA Co Health Officer) 

To: Howard County Environmental Health Director (HO Co Env Health Director) 

To: Howard County Health Officer (HO Co Health Officer) 

To: Kent County Environmental Health Director (KE Co Env Health Director) 

To: Montgomery County Environmental Health Director (MO Co Env Health Director) 

To: Montgomery County Environmental Health Director 2 (MO Co Env Protection) 

To: Montgomery County Health Officer (MO Co Health Officer) 

To· Montgomery County Wells and Permits (MO Co Perm1ts and Wells) 

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To: Prince Georges County Environmental Health Director (PG Co Env Health 

Director) 

To: Prince Georges County Health Officer (PG Co Health Officer) 

To: Queen Annes County Environmental Health Director (QA Co Env Health Director) 

To: Queen Annes County Health Officer (QA Co Health Officer) 

To: Somerset County Environmental Health Director (SO Co Env Health Diredor) 

To· Somerset County Health Officer (SO Co Health Officer) 

To: St Marya County Environmental Health Diredor (SM Co Env Health Director) 

To: St Marya County Health Offic:er (SM Co Health Officer) 

To: Talbot County Environmental Health Director (TACo Env Health Director) 

To: Talbot County Health Officer (TACo Health Officer) 

To: Washington County Environmental Health Director (WACo Env Health Director) 

To: Washington County Health Officer (WA Co Health Officer) 

To: Wicomico County Environmental Health Director (WI Co Env Health Director) 

To: Wicomico County Health Officer (WI Co Health Officer) 

To: Worceste! Coun~ Environmental Health Director (V\10 Co Env Health Director) 

To: vyorceste.!_ Coun~ Health Officer (WO Co Health Officer) 

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To: April Stehr (AStehr) - - - To: Audrey Hansen (AHansen) 

To: Barbara Santana_ (BS~ntana) 

To: Brian Littlefield (blittlefleld) 

To: Byron Fa.!_ralljBFalrall) _ 

To: Carlton Washburn (CNashbum) - - . - BC: Caro n ~ (9AJones~ 

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CC: Horacio Tablada (htablada) 

To: James Forrest (qforrest) 

To: Janet Hollern (JHollern) 

To: John Holt (JHolt) 

To: John Lynch Olynch) 

To: John McKay (JMcKay) 

To: Joseph Gay Qgay) 

To: Kathleen Bassett {KBassett) 

To: Marcia Potter (mpotter) 

To: Mitch Welsh (mwelsh) 

To: Nicholas Kaltenbach (NKaltenbach) 

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To: Noah Bierman (NBiennan) 

To: Rob Hill (rhill) 

To: Ross Kelly (RKelly) 

To: Shawn lowman (Slowman} 

To: Shirley Kirby (SKirby) 

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To: Susan Tiffany (STilfany) 

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To: WilHam Evans (WEvans) 

!!I POMAIL2.MDEDOM - To: Ace Adkins (AAdklns) 

To: Adam Corry {ACorry) 

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To: Alex Roy (aroy) - BC: Angelo Bianca (ablanca) 

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file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4D2F412AMDE... 1/18/2011 

(1713i2011) Debbie Rabin - Notice of Public Hearings - - Please confirm receipt --------------~------------~----------~--------

From: 

To: 

CC: 

Date: 

Subject: 

Debbie Rabin 

All Mlrzakhallll; Ceclly Beall; Diana Esher; John Benedict; Joyce Ep ••• 

Bob Rosenbush; Chris Cripps; Cristina Fernandez; Dave campbell; Davl ••• 

1/13/2011 6:15PM 

Notice of Public Hearings - Please conftrm receipt 

MARYLAND DEPARTMENT OP TH! ENVIRONMENT 

AJR a RADIAnON MANAGEMENT ADMINISTRAnON 

NOnCE OF PUIUC HEARINGS 

lhe Maryland Department d the Environment gives notice d public hearings concerning: 

• proposed amendments to regulations under two (2) Subtitles r4 ntre 26 of the Code of Maryland RegulaUons {COMAR): 

o Subtltte 09 Maryland C02 Budget Trading Program 

o Subtitle 11 AJr Quality 

• submission d specific regulations (noted where appropriate) to the Environmental Protection Agency {EPA) for approval 

as part of Maryfand's State Implementation Plan. The proposed actions are briefly described below: 

1. Opildty Requlremln .. for Fuellumlng Equipment that Demonstrate Compller1e11 with COM DetL 

a. lhe following COMAR regulations which became efl'ec:tlw on May 17, 2010 wiU be submitted to EPA for approval as part 

of Maryland's State Implementation Plan. These adopted regulations contain requirements to demonstrate compliance with visible 

emission limitations through the use d continuous opadty monltDrs (COMs): 

(1) Amendments to Regulations .01 and .OS under COMAR 26.11.01 General Administrative Provisions. 

(2) Repeal of Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions, to be replaced with New 

Regulations .10 and .11 under COMAR 26.11.01 General Administrative ProYislons. lhe repealed Regulation .11 was a State-only 

regulation that was not submlttl!d to EPA for approval as part d Maryland's State Implementation Plan. 

(3} Amendments to Regulations .01 and .05 of COMAR 26.11.09 Control d Fuel·Bumlng Equipment. Stationary Internal 

Combustion Engines. and Certain Fuel-Burning Installations. 

b. This adion also Includes a proposal to amend Regulations .10 and .11 under COMAR 26.11.01 General Admlnlstrattve 

Provisions and Regulations .01 and .OS under COMAR 26.11.09 Control r4 Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuel-Burning Irml~ lhe purpose of this proposed action Is to make minor administrative comldlons to 

the Department's opacity regulations that became effective May 17, 2010. These administrative corrections will also be submitted 

to EPA far approval as part r4 Maryfand's State Implementation Plan. 

c. Incinerators - Opadty . 

This adlon will amend Regulations .02, and .04, .07, and .08 under COMAR 26.11.08 Control of Indnerators. The purpose of this 

action Is to: (1) darify requirements for Incinerators that demonstrate compliance with visible emissions (VE) standards through use 

d continuous opacity monltDrs (COMs); and (2) delete the applicability of the Department's Technical Memorandum 90.01 (TM) far 

incinerators equipped with COMs. 

Only the proposed addlUon of Section .021 and the proposed amendments to Regulation .04 will be submitted to the U.S. 

Environmental Protection ~ (EPA) far approval as part d Maryland's State Implementation Plan. This action also announces 

that the current COMAR 26.11.08 definitions under Regulation .01 related to Section .021 and the amendments to Regulation .04 

will be submitted to EPA for approval as part of Maryland's Stata Implementation Plan. 

z. Quellty Auurence/Quellty Control ~for Continuous Opacity MonftDrl 

This action (1) repeals Regulations .01· .15 underCOMAR 26.11.31 Small Business Pollution Compliance Loan Program to reflect 

the repeal of the Small Business Pcllutlon Compliance Loan Fund effective Octnber 1, 2009 (House Bill1416); and {2} codifies the 

quality assurance and quality control procedures for continuous opacity monitofs under new Regulations .01 • .12 under a new 

chapter, COMAR 26.11.31 Quality Assurance Requirements for Continuous Opadty Monitors (COMs). The purpose of this action is to 

discontinue the use of the Department's Technical Memorandum 90·01 (TM90-01) "Continuous Emission Monitoring (CEM) Polides 

and Procedures• for the fuel buming equipment and replace TM90-01 with this new chapter. This action will be submitted to EPA 

for approval as part of Maryland's State Implementation Plan. 

3. EPA's Prevention ot Slgnlftc:ant Deterioration (PSD) and ntle V Greenhouse Gal Tailoring Rule ("Tailoring Rule) 

lhis action win amend (1) Regulation .01 under COMAR 26.11.01 General Administrative Provisions; (2) Regulations .01 and .12 

under COMAR 26.11.02 Pennits, Approvals, and Registration; and (3) Regulation .14 under COMAR 26.11.06 General Emission 

Standards, Prohibitions, and Restrictions. This action will implement the requirements of the U. S. Environmental Protedlon 

Agency's ("EPA") final Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule ("Tailoring Rule"), which 

Pag 
was published in the Federal Register on June 3, 2010 (75 FR 31514). This action will be submitted to the U.S. Environmental 

Protection Agency (EPA) for approval as part of Mal'(land's State Implementation Plan. 

4. Requirements Regarding Buslneu Machines and Plastic Partl Coating 

This action amends Regulation .07 and adopts new Regulation .07-2 under COMAR 26.11.19 Volatile Organic Compounds from 

Speoflc Processes to adopt EPA's Control Techniques Guidelines (CTG) for business machines aod plastic parts coabng. This action 

wdl be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Mal'(land's State Implementation Plan. 

5. Drum and Pall Coating 

This action amends R~ation .13 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes to adopt the 

requirements of the EPA's CTG standards that for drum and pail coating. This action will be submitted to the U.S. Environmental 

Protection Ageocy (EPA) for approval as part d Malyland's State Implementation Plan. 

I. Low Emissions Vlhlde Program Upclabt 

Amend Regulation .02 under COMAR 26.11.34 Low Emissions Vehicle Program to update Maryland's Oean car regulations to reflect 

the changes made to the california Low Emissions Vehlde Program (I.e., CALEV or Oean car Program) since the last Matyland 

update In 2009. This action wil be submitted to the U.S. Environmental Protection Aqency (EPA) for approval as part of Maryland's 

State Implementation Plan. 

7. Amendmentl to Used ou and Waste Combustible Fluldl Requirement~ 

This aCtion will amend Regulations .01, .02 and .10 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Im1allatlons to amend Maryland's requirements regarding the burning d used oil 

and waste combustible ftuld. 

B. Voluntary Renewable Set·alde Account 

This action will amend Regulation .02 under COMAR 26.09.01 General Administnltive Provisions and Regulation .08 under COMAR 

26.09.02 Applicability, Detenninlng Compllance, and Allowance Olstributlon. These amendments atrect: (1) definitions; (2) eligibility 

for participation In the Voluntary Renewable Set-aside Account (VERSA); (3) submission date for the VERSA; (4) Voluntal'( 

Renewable C02 Emissions Factor; (5) additional evaluation In the two year review for the VERSA; and (6) removal ot power 

J)li'Chase oontract requirement In the VERSA. 

9. Requlrementa tor CwtaUment: Service Provlden 

This action will: (1) amend Regulation .10 ..mer COMAR 26.11.02 Permits, Approvals, and Registration; (2) amend Regulation .01 

and repeal Regulation .08·1 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, 

and Certain Fuel-Burning Installations; and (3) adopt new Regulations .01 - .04 under COMAR 26.11.36 DISbibuted Generation. 

The action establishes annual reporting requirements for Curtailment Service Providers (CSPs) and details minor dariflcatlons 

relating to emergency generators and load shaving lM1Its. 

The full text of the proposed actions wtfl appear In the Maryland Bf9i:jh!r and at 

httD:Uwww.dsd.state.md.us{mdrcgister/mdregister.aSQX on JanUIIry 14, 2011. 

The tedmlcal support documents (TSDs) are available for public review on the Maryland Department of the Environment's website 

at the following address: htto:l/www.ms1e,state,md.U5/aboutmdelpages.lregcomments.asox 

The proposed actions and supporting documents 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 otnc.es. 

Public hearings on the proposed aCtions will be held on February 15, 2011 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, Maryfancl21230.1720, or emailed to drabm mcje state.md ys, or faxed to (410) 537-4223. Commentl must be 

received not later than February 11, 2011, or be submitted at the hearing. For more information, call Deborah Rabin at (410) 

537-3240. 

Anyone needing special accommodations at a public hearing should contact the Department's Fair Practices Office at (410) 537· 

3964. m users may contact the Department through the Maryland Relay Service at 1-800.735· 2258. 

Page 
(1/1 3/20_11) Debbie Rabin- Notice of Publjc Hearings Please confirm receipt P; ----~~------------~--~--~-----~---------~--------~-----------------------------

Deborah Rabin, Regulations Coordinator 

Air & Radiation Management Administration 

Maryland Dept. of the Environment 

1800 Washington Blvd., Suite 730 

Baltimore, MD 21230 

Telephone Number: (410)·537-4414 

Message ld: 402F4136.84E: 96: 46318 

Subject: 

Created By: 

Notice of Public Hearings - Please confinn receipt 

drabln@mde.state.md.ua 

Scheduled Data: 

Creation Date: 

From: 

Recipients 

Recipient 

9 dc.gov 

1/13/2011 6:15PM 

Debbie Rabin 

To: Cecily Beall (cecily.beall)_. 

~ deq.vlrginla.gov _ 

To: Mlcha_el Do~ (mgdowd) 

9 epa.gov 

CC: Cristina Fernandez (femandez.cristi~a) 

CC: Dave campbell (campbell.dave) 

CC: David Arnold (amold.david) 

To: Diana Esh~r (esher.dl!!na) . 

CC: Hal FrankfordJ~~~rd haro~~ 

CC: Kathleen Cox (cox.kathleen) 

CC: Marcia Spink (spink.marci ) __ 

CC_: rify Powera (P~ri.M'!_~Iy.!!_) __ 

~ epama~. epa gov___ _ _ _ __ 

CC.:_ a Crippa ~~ppa Chri topher) 

CC: e~n.Brian~pam~.epa ~ ehn..:.B"!•n . 

~ mdp.s~te.md.ua _ ____ __ _ . 

~C: BobRosenbush(BRosenbush) 

CC:_ Unda Jan _!ljane}') 

_ ~ ~_!ryland Cl aringho~~~!aring~ouse) 

~ POMAIL1.MDEDOM - . . BC: Caroly_!' ~ es !C?Wonea) 

~ POMAIL2.MDEDOM - ..... --- - BC: An~elo Bianca (abi ncaL 

BC: Brian "!_ug (bhug) 

BC: Debbie Rabin (drabin) 

BC: Diane Franks (dfranks) - - BC: Frank Courtright (fcourtright~ 

BC: Karen Irons (kirons) 

BC: Kathleen Perry (kperry) 

BC: Marcia Ways (mways) 

BC: Randy Mosier (rmosier) 

BC: Renee Fizer (rfizer) 

BC: Tad Abum (gabum) 

~ state.de.us 

To: Ali Mirzakhalill (Aii.Mirzakhallfi) 

~ stale.pa.us 

To: Joyce Epps (jeepps) 

~ wv.gov 

To: John Benedict (John.A.Benedict) 

Action 

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file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4D2F4136MDE... 1118/2011 
.\t,,t;, \1.,/~q 

r.o:¥1'71or 

.·lutllot!J G. Rt'IIIM 

Ll. Gul'tmor 

Ms. Deborah Rabin 

January 19, 2011 

Regulations Coordinator, Air and Radiation Administration 

Maryland Department of the Environment 

1800 Washington Boulevard 

Baltimore, MD 21230 

STATE CLEARINGHOUSE REVIEW PROCESS 

State Application Identifier: MDlOt 10119-0019 

RJ,h,,rrl Ebtrl1t11t Ht~/1 

Sr.-rtlmy 

.\l.tllhtw]. Pou<rr 

Drpllty S tm tmy 

Project Description: Proposed amendments to subtitles 09 and II ofTitle 26 in COMAR; submission of specific regulations 

for approval as part of the State's Implementation Plan; Opacity Requirements for Fuel Burning Equipment that Demonstrate 

Compliance with Continuous Opacity Monitor (COM) Data; Quality Assurance/Quality Control Procedures for COMs; EPA's 

Prevention of Significant Deterioration {PSD} and Title V Greenhouse Gas Tailoring Rule ("Tailoring Rule"); Requirements 

Regarding Business Machines and Plastic Parts Coating; Drum and Pail Coating; Low Emissions Vehicle Program Update; 

Amendments to Used Oil and Waste Combustible Fluids Requirements; Voluntary Renewable Set-aside Account; Requirements 

for Curtailment Service Providers: public hearing 2/1512011 

Project Location: Maryland 

Clearinghouse Contact: Bob Rosenbush 

o ear Ms. Rabin: 

Thank you for submitting your project for intergovernmental review. Participation in the Maryland Intergovernmental Review and 

Coordination (MIRC) process helps ensure project consistency with plans, programs, and objectives of State agencies and local 

governments. 

Notice of your application is being provided to State and local public officials through the /nteuovemmental Monitor, which is a 

database of projects received by the State Clearinghouse for Intergovernmental Assistance. This information may be viewed at 

http://planning.maryland.gov/emircpublic/ . The project has been assigned a unique State Application Identifier that should be 

used on all documents and correspondence. 

All MIRC requirements have been met in accordance with Code of Maryland Regulations {COMAR 34.02.0 1.04-.06) and this 

concludes the review process for the above referenced project. If you need assistance or have questions, contact the State 

Clearinghouse staff person noted above at 410-767-4490 or through e-mail at brosenbush@mdp.state.md.us. Thank you for 

your cooperation with the MlRC process. 

. 

Sincere~~ C:, :9-(tr ~~ 

Linda C. Janey, J.D .• Assistant Secretary / 

for Clearinghouse and Communications 

LCJ BR 

.:c Kathkcn Blinchury- IJ.S. En\ irnnmcnt.d Prntcction Agency 

/1 -1}{119 _.\'.\1. \ t.ll due 

JOf u;•ut Pmtrm Simi • J mlt fiOf • Bai/1/IIOI't, .\lal)htnrl :!1 _•ur 2JUJ 

·l ~!tpht~Ht: -1 If). ;'67.-1500 • Fax: -110.767.-1-180 • Toll Fm: 1.877. 767.6272 • "J"IY Uurr: \lt~r')'lmtrl RII'!J 

lnltmtl: P!tmnit~,g.,\larylallrl f!J" 

Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the Public Hearing 

Relating to Proposed new Regulations .01 - .12 under a new chapter, COMAR 26.11.31 

Quality Assurance Requirements for Continuous Opacity Monitors (COMs) 

held on February 15, 2011 

Baltimore, MD 

My name is Deborah Rabin. I am the Regulations Coordinator for the Air and Radiation 

Management Administration, Department of the Environment. 

This public hearing is being held pursuant to the requirements of 40 CFR Section SI.I 02 

and Sections 2-30I 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 I 0-I 0 I. 

Notice of this hearing appeared in the: 

Maryland Register on January I4, 20I1; 

MDE's website from January 11, 2011 through February 16, 2011; 

Baltimore Sun on January I4, 201I; 

Washington Post on January 13, 201I; and the 

St. Mary's Enterprise on January 14, 2011. 

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 also made 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 oftoday's hearing is to give the public an opportunity to comment on 

proposed new Regulations .01 - .12 under a new chapter, COMAR 26.11.31 Quality Assurance 

Requirements for Continuous Opacity Monitors (COMs). 

Summary 

The purpose of this action is to: 

(1) Repeal the current regulations under CO MAR 26.11.3 I to reflect the repeal of the 

Small Business Pollution Compliance Loan Fund effective October 1, 2009 (House Bill 1416); 

and 

1 
(2} Codify the quality assurance (QA} and quality control (QC) procedures for continuous opacity 

monitors (COMs). The procedures are currently contained in the Department's Technical 

Memorandum 90~0 1 (TM). 

This action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval 

as part of Maryland's State Implementation Plan. 

Background: 

TM 90~0 1 was adopted in 1991 when continuous emissions monitoring requirements were first 

promulgated by the State. Those regulations were approved as part of the Department's 

continuous emission monitoring program by the EPA on February 28, 1996. It is now necessary 

to promulgate a regulation codifying the QA and QC procedures found in the TM because the 

Department proposes to terminate its use. Specifically, the QA and QC procedures for COMs 

which are currently applied through use of the TM will be incorporated in this new chapter, 

COMAR 26.11 .31 . 

These proposed regulations incorporate by reference the current federal performance and design 

specification requirements for the operation of opacity monitoring systems. To the extent that the 

EPA adopts revised requirements in the future, the Department will review those federal 

procedures and consider amendment of its regulations to adopt and incorporate any federal QA 

and QC procedures. 

Sources Affected and Location: 

This action affects any source required to install and operate COMs, including fuel burning 

equipment with a heat input capacity of 100 million Btu per hour, cement plants and municipal 

waste combustors. These sources currently utilize the proposed QA and QC procedures, as found 

in Part II of TM 90~0 I. 

Consideration of Comments 

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

regulations. 

2 
lb!~JJ\l. 1 

1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION 

3 

4 

5 PUBLIC HEARING 

6 

7 REPEAL OF THE SMALL BUSINESS POLLUTION COMPLIANCE 

8 LOAN PROGRAM UNDER COMAR 26.11.31 AND 

9 ADOPTION OF NEW COMAR 26.11.31 QUALITY ASSURANCE 

10 REQUIREMENTS FOR CONTINUOUS OPACITY MONITORS (COMS) 

11 

12 

13 

14 The hearing in the above matter commenced on 

15 Tuesday, February 15, 2011, at the MDE Headquarters, 

16 Montgomery Park, 1800 Washington Boulevard, Baltimore, 

17 Maryland. 

18 

19 BEFORE: DEBORAH RABIN, Hearing Officer 

20 

21 Reported by: Linda Metcalf 

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1 A P P E A R A N C E S 

2 

3 ON BEHALf Of THE MARYLAND DEPARTMENT Of THE ENVIRONMENT: 

4 

5 KATHLEEN PERRY 

6 Legislative Coordinator 

7 Regulation Development Division 

8 Air and Radiation Management 

9 Maryland Department of the Environment 

10 1800 Washington Boulevard 

11 Baltimore, Maryland 21230 

12 

13 DEBORAH RABIN 

14 Regulation Development Coordinator 

15 Regulation Development Division - ARMA 

16 Maryland Department of the Environment 

17 1800 Washington Boulevard, Suite 730 

18 Baltimore, Maryland 21230 

19 

20 

21 

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1 I.NDEX 

2 

3 Speaker: Page : 

4 Katherine Perry, MDE 4 

5 Deborah Rabin, MDE 6 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

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1 P R 0 C E E D I N G S 

2 

3 MS. PERRY: Good morning. On behalf of the 

4 Department of the Environment and the Air and Radiation 

5 Management Administration, I would like to welcome you to 

6 this public hearing. 

7 My name is Kathleen Perry and I am the 

8 Legislative Coordinator for the Air and Radiation 

9 Management Administration. I will serve as hearing 

10 officer for today's hearing. 

11 I would like to ask all of you in attendance 

12 today to please sign in, if you haven't already done so. 

13 This will help us to keep an accurate record of the 

14 people who participate in the hearing. Also, copies of 

15 our regulation proposal, support documents, and the 

16 Department's statement are available on the table for 

17 your information. 

18 This hearing concerns regulations found in the 

19 Code of Maryland Regulations, Title 26, Subtiile 11, Air 

20 Quality. The Secretary of the Department proposes to: 

21 (1} repeal Regulations .01 - .15 under COMAR 

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1 26.11.31, Small Business Pollution Compliance Loan 

2 Program; and 

3 (2) adopt new Regulations .01 - .12 under a 

4 new chapter, COMAR 26.11.31, Quality Assurance 

5 Requirements for Continuous Opacity Monitors (COMs). 

6 The purpose of this hearing is to give you the 

7 opportunity to comment on this action. 

8 The Opportunity for Public Comment for this 

9 proposed action appeared in the Maryland Register, Volume 

10 38, Issue 2, Page 121 on January 14, 2011. 

11 The hearing will proceed in the following 

12 order. First, Deborah Rabin will make a statement on 

13 behalf o f the Air and Radi ati on Management 

14 Administra t ion. Af ter Ms. Ra bin i s finished, I will call 

15 on any elected o fficial or government official who wants 

16 to make a statement. Then, I wi ll call upon anyone else 

17 who indicated on t he sign-i n s heet that he or she would 

18 like to make a st atement. 

19 When giving your statement, please identify 

20 yourself and your a f filiation, and give your statement 

21 loudly and clearly. Are there any questions? 

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1 (No response.) 

2 MS. PERRY: I will now call on Ms. Rabin. 

3 MS. RABIN: My name is Deborah Rabin. I am the 

4 Regulations Coordinator for the Air and Radiation 

5 Management Administration, Department of the Environment. 

6 I would like to enter my hearing statement into the 

7 record. 

8 

9 Statement of the Air and Radiation 

10 Management Administration 

11 Department of the Environment 

12 for the Public Hearing 

13 Relating to Proposed new Regulations .01 - .12 under a 

14 new chapter, COMAR 26.11.31 Quality Assurance 

15 Requirements for Continuous Opacity MOnitors (CONS) 

16 held on February 15, 2011 

17 Baltimore, MD 

18 My name is Deborah Rabin. I am t he Regulations 

19 Coordinator f or the Air and Radiation Management 

20 Administration, Department of the Environment. 

21 This public hearing is being held pursuant to 

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1 the requirements o f 40 CFR Section 51 . 102 and Sections 2-

2 301 et. seq. of the Environment Article, Annotated Code 

3 of Maryland . It is also being held in conformance with 

4 the State Administrative Pr ocedures Act under the State 

5 Government Article, beginni ng at Section 10-101. 

6 Noti ce of this heari ng appeared in the: 

7 Maryland Register on January 14, 2011;MDE's website from 

8 January 11, 2011 thr ough February 16, 2011; Baltimore Sun 

9 on January 14, 2011; Wa s hi ngton Post on January 13, 2011; 

10 and the St. Mary's Enter pr ise on January 14, 2011. 

11 Copies o f these notices we r e submitted for the record. 

12 Copies o f this proposed action and supporting 

13 documents were made available for review by the State 

14 Clearinghouse and are also submitted at this time into 

15 the hearing record. Copies were also made available for 

16 public inspection at the Air and Radiation Management 

17 Administration offices in Baltimore, Cumberland, and 

18 Salisbury, and at all local health departments or local 

19 air quality control offices. 

20 The purpose of today's hearing is to give the 

21 public an opportunity to comment on proposed new 

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1 Regulations .01 - .12 under a new chapter, COMAR 26.11.31 

2 Quality Assurance Requirements for Continuous Opacity 

3 Monitors (COMs). 

4 Summary 

5 The purpose of this action is to: 

6 (1) Repeal the current regulations under COMAR 

7 26.11.31 to reflect the repeal of the Small Business 

8 Pollution Compliance Loan Fund effective October 1, 2009 

9 (House Bill 1416); and 

10 (2) Codify the quality assurance (QA) and 

11 quality control (QC) procedures for continuous opacity 

12 monitors (COMs). The procedures are currently contained 

13 in the Department's Technical Memorandum 90-01 (TM). 

14 This action will be submitted to the U.S. 

15 Environmental Protection Agency (EPA) for approval as 

16 part of Maryland's State Implementation Plan. 

17 Background 

18 TM 90-01 was adopted in 1991 when continuous 

19 emissions monitoring requirements were first promulgated 

20 by the State. Those regulations were approved as part of 

21 the Department's continuous emission monitoring program 

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1 by the EPA on February 28, 1996. It is now necessary to 

2 promulgate a regulation codifying the QA and QC 

3 procedures found in the TM because the Department 

4 proposes to terminate its use. Specifically, the QA and 

5 QC procedures for COMs which are currently applied 

6 through use of the TM will be incor porated in this new 

7 chapter, COMAR 26.11.31. 

8 These proposed regulations incorporate by 

9 reference the current federal performance and design 

10 specification requirements for the operation of opacity 

11 monitoring systems. To the extent that the EPA adopts 

12 revised requirements in the future, the Department will 

13 review those federal procedures and consider amendment of 

14 its regulations to adopt and incorporate any federal QA 

15 and QC procedures. 

16 Sources Affected and Location 

17 This action affects any source required to 

18 install and operate COMs, including f uel burning 

19 equipment with a heat input capacity of 100 million Btu 

20 per hour, cement plants and municipal waste combustors. 

21 These sources currently utilize the proposed QA and QC 

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1 procedures, as found in Part II o f TM 90-01. 

2 Consideration of Comments 

3 The Department will consider all comments 

4 before making a decision to adopt these new regulations. 

5 

6 MS. PERRY: Thank you, Ms. Rabin. Are there 

7 any comments? 

8 (No response.) 

9 MS. PERRY: Please let the record reflect that 

10 nobody has shown up to comment on t his notice of proposed 

11 action. This will conclude the public hearing regarding 

12 repeal of the Small Business Pollution Compliance Loan 

13 Program under COMAR 26.11.31 and adoption of new COMAR 

14 26.11.31, Quality Assurance Requirements for Continuous 

15 Opacity Monitors (COMs). 

16 Let the record reflect that it is now 11:30 and 

17 this hearing is officially concluded. 

18 (Whereupon, the hearinq was conc1uded.) 

19 

20 

21 

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1 CERTIFICATE OF COURT REPORTER 

2 

3 I, Linda Metcalf, do hereby certify that the 

4 foregoing transcription was reduced to typewriting vi a 

5 audiotapes recorded by me; that I am neither counsel f or, 

6 nor related to, nor employed by any o f the parti es to the 

7 case in which these proceedings were t ranscribed; that I 

8 am not a relative or employee o f any a ttorney or counse l 

9 employed by the parties hereto, nor f i nancially or 

10 otherwise interested in the outcome o f t he action. 

11 

12 

1 3 

14 

15 

1 6 LINDA METCALF 

17 Court Reporter 

18 

1 9 

20 

2 1 

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NO ONE ATTENDED THE PUBLIC HEARING 

AND 

NO COMMENTS WERE RECEIVED 

DURING THE 30-DA Y COMMENT PERIOD