Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the Public Hearing 

Relating to Proposed Amendments to COMAR 26.11.01 and COMAR 26.11.09 

Concerning Fuel Burning Equipment that are Required to Demonstrate Compliance with 

Visible Emissions Requirements using COM Data 

held on March 3, 2010 

Baltimore, MD 

My name is Diane Franks. I am the Program Manager of the Air Quality Planning 

Program of the Air and Radiation Management Administration, Department of the Environment. 

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 1 0-1 01 . 

Notice of this hearing appeared in the: 

Maryland Register on January 29, 2010; 

MOE's website from January 26, 2010 to March 3, 2010; 

Baltimore Sun on January 29, 2010; 

Saint Mary's Enterprise on January 29, 2010; 

Cumberland Times-News on January 29, 2010; 

Frederick News-Post on January 29, 2010: 

Salisbury Daily Times on January 29, 2010; and the 

Washington Post on January 28, 2010. 

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 of today's hearing is to give the public an opportunity to comment on the 

proposed amendments to CO MAR 26.11 .01 and 26.11.09 related to fuel burning equipment that 

are required to demonstrate compliance with visible emissions requirements using COM data. 

Summary 

The purpose of this action is to: 
1. Amend CO MAR 26.11.0 1.01 to clarify the definition of' 'Continuous Emission 

Monitor" (CEM} and add a definition for "Continuous Opacity Monitor" (COM}; 

2. Amend Regulation 26.11.01.05 to clarify that submission of test results, reports, or 

other information to the Department must be submitted to the Program Manager of 

the Air Quality Compliance Program and that all records and documentation must be 

maintained on-site and made available to the Department upon request; 

3. Repeal existing Regulations 26.11.0 1.10 and .11 and adopt new Regulations .1 0 and 

.11 in order to clarify which requirements are for COMs and CEMs; 

4. Discontinue the use ofTechnical Memorandum 90-01 ''Continuous Emission 

Monitoring (CEM} Policies and Procedures" for the fuel burning equipment except 

for Part II "Quality Assurance Requirements for Continuous Opacity Monitoring 

Systems". This Technical Memorandum 90-01 is incorporated by reference under 

26.11.01.11~ and 

5. Amend COMAR 26.11.09.05 to: 

(a) Add new definitions for "Capacity factor" and "Operating time"; 

(b) Expand the regulation to include revised procedures for demonstrating 

compliance with visible emissions (VE} requirements for sources that are 

required to install COMs; 

(c) Add procedures that under certain conditions, allow fuel burning equipment 

with flue gas desulfurization (FGD) units to replace COMs with CEMs for 

particulate matter; and 

(d) Add enforcement procedures for COMs for fuel burning equipment. 

Sources Affected 

A number of source categories such as power plants, cement plants and incinerators are required 

to install CO Ms. These amendments affect fuel burning equipment of a certain size which covers 

boilers, furnaces, stationary internal combustion engines and stationary combustion turbines. 

Requirements 

The visible emissions standards applicable to these units remain unchanged. The amount of time 

a source is exempt from the visible emissions standard has been reduced and the exceptions are 

noted here. Exceptions for start up, load changing and other activities have been eliminated. 

Baseload Units 

For 2010 and beyond, baseload units are allowed: 

2% of operating time at greater than the applicable standards (10%or 20%) up to 40.0% opacity. 

Within the 2%, baseload units are allowed: 

0.5% of operating time or 5 hours per quarter whichever is greater at 40.0-70.0% opacity; 

(4} six minute periods greater than 70.0% opacity except for coal fired units with ESP 

particulate controls~ 

Coal fired units with ESP particulate controls are allowed 2.2 hours per quarter above 

70.0% opacity. 

Regardless of the quarterly allowances, the daily limit below must be met. 

2 

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Low Capacity Units 

Low capacity = 25% capacity factor or less on a rolling average 

Units with less than 300 hours operating time per quarter are allowed 12 hours per quarter above 

the applicable standards (10%or 20%) up to 40.0% opacity; 

Units with greater than 300 hours operating time per quarter are allowed 20 hours per quarter 

above the applicable standards (10%or 20%) up to 40.0% opacity. 

Within the 12 and 20 hours, all low capacity units are allowed: 

2.2 hours per quarter at 40.0%-70.0% opacity 

(4) six minute periods above 70.0% 

Regardless of the quarterly allowances, the daily limit below must be met. 

Daily Limit for Both Baseload Units and Low Capacity Units 

A daily limit of 4.1 hours above the standard including: 

2.7 hours above the applicable standards (10%or 20%) up to 40.0% opacity and 

1.2 hours at 40.0% up to 70.0% opacity and 

(2) six minute periods above 70.0% opacity 

In 2010, 9 of the 17 affected units will install S02 scrubbers. These scrubbers are expected to 

significantly further reduce particulate matter and opacity. 

The owner of those units that install scrubbers will have the opportunity to demonstrate that the 

saturated plume from the scrubber interferes with accurate measurement of VE and install a 

Continuous Emission Monitor (CEM) for particulate matter in place of the COM. If the CEM 

provides accurate measurement for particulate matter, the source may discontinue use of the 

COM and provide quarterly data for particulate matter emissions. 

Maryland's State Implementation Plan (SIP) 

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

approval as part of Maryland's State Implementation Plan. 

Consideration of Comments 

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

amendments to COMAR 26.11 .01 and COMAR 26.11.09. 

L:\AQPiannmg and Monitoring\Rcgulation Development Division\CEMS & COMS\Hcaring Slatement\Hcaring Stmt- 26-11..01 & 26-11..09 

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