1 

1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 

2 AIR AND RAD I ATION MANAGEMENT ADMINISTRATION 

3 

4 

5 PUBLIC HEARING 

6 PROPOSED AMENDMENTS TO COMAR 26.11.01 AND 26.11.09 

7 RE: FUEL BURNING EQUIPMENT THAT ARE REQU I RED TO 

8 DEMONSTRATE COMPLIANCE WITH VISIBLE EMISSIONS 

9 REQUIREMENTS USING COM DATA 

10 

11 

12 The hea r ing i n the above matter commenced on 

13 Wednesday, March 3, . 2010, at the MDE Headquarters, 

14 Montgomery Par k, 1800 Washington Boulevard, Baltimore, 

15 Ma r yland. 

16 

17 BEFORE: DEBORAH RABIN, Heari ng Officer 

18 

19 Reported by: Linda Metcalf 

20 

2 1 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 92 1-5555 
2 

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

2 

3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 

4 DEBORAH RABIN 

5 Regulation Development Coordinator 

6 Regulation Development Division - ARMA 

7 Maryland Department of the Environment 

8 1800 Washington Boulevard, Suite 730 

9 Baltimore, Maryland 21230 

10 

11 DIANE FRANKS 

12 Pr ogr am Manager 

13 Ai r Quality Planning Pr og ram 

14 Air a nd Radi a t ion Manageme nt 

1 5 Maryland Depa r tment o f the Environment 

16 1800 Wa s hi ngton Boulevar d 

17 Baltimore, Ma r yland 21230 

18 

19 ALSO PRESENT: 

2 0 Steve McLai n, Panda-Bra ndywine 

2 1 David Cr amer, Mirant 

For The Record, Inc. 

(301} 870-8025- www.ftrinc.net- (800) 921-5555 
0 3 

1 INDEX 

2 

3 Speaker: 

4 Deborah Rabin, MOE 4 

5 Diane Franks, MOE 6 

6 

7 

8 

9 

10 

11 

12 

1 3 

14 

15 

16 

17 

18 

19 

20 

21 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net - (800) 921-5555 
0 4 

1 PROCEEDINGS 

2 

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

4 Department o f the Environment and the Air and Radiation 

5 Management Administration, I would like to welcome you to 

6 this public heari ng. 

7 My name is Deborah Rabin and I am the 

8 Regulations Coordinator f or the Air and Radiation 

9 Management Administration. I wi ll serve as heari ng 

10 o fficer f or today's hearing. 

11 I woul d 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 accura te record of the 

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

1 5 our regulation proposal, support documents, and t he 

16 Department's statement are available on the t able for 

17 your information. 

18 This hearing concerns Air Qua lity Regulations 

19 found in the Code of Maryland Regulations, Title 26, 

20 Subtitle 11, Air Quality. The Secretary of the 

21 De partment proposes to: 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800} 921-5555 
·o 5 

1 (1) amend Regulations .01 and .05, repeal 

2 existing Regulations .10 and .11 and adopt new 

3 Regulati ons .10 and .11 under COMAR 26.11.01, General 

4 Administrative Provisions; and 

5 (2) amend Regulations .01 and .05 under COMAR 

6 26.11.09, Control of Fuel-Burni ng Equipment, Stationary 

7 Internal Combustion Engi nes, and Certain Fuel-Burning 

8 Installations . 

9 The pur pose of thi s hear i ng is to give you the 

10 opportunit y to comment on thi s action. 

11 The Oppor tunity f or Public Comment for this 

12 proposed action appeared in the Maryla~d Register, Volume 

13 37, Issue 3, Page 271 on January 29, 2010. 

14 The hearing will proceed in the following 

15 order. First, Diane Franks will make a statement on 

16 behalf of the Air and Radiation Management 

17 Administration. After Ms. Franks is finished, I will 

18 call on any elected official or government official who 

19 wants to make a statement. Then, I will call upon anyone 

20 else who indicated on the sign-in sheet that he or she 

21 would like to make a statement. 

For The Record, Inc. 

(301) 870-8025 - www.ftrinc.net- (800) 921-5555 
0 6 

1 When giving your statement, please come up 

2 front, identify yourself and your a f f iliation, and give 

3 your statement loudly and clearly. Are there any 

4 questions? 

5 (No response} . 

6 MS. RABIN: I will now call on Diane Franks. 

7 

8 Statement of the Air and Radiation 

9 Management Administration 

10 Department of the Environment 

11 for the Public Hearing 

12 Relating to Proposed Amendments to CO~ 26.11.01 and 

13 co~ 26.11.09 

1 4 Concerning Fuel Burning Equipment that are Required to 

15 Demonstrate Compliance with Vis1ble Emissions 

1 6 Requirements using COM Data 

17 held on March 3, 2010 

1 8 Baltimore, MD 

1 9 My name is Diane Franks. I am t he Program 

20 Manager of the Air Quality Planning Program of the Air 

2 1 and Radiation Management Admini str ati on, Department of 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
7 

1 the Environment. 

2 This public hearing is being held pursuant to 

3 the requirements of 40 CFR Section 51.102 and Sections 2-

4 301 et. seq. of the Environment Article, Annotated Code 

5 of Maryland. It is also being held in conformance ~ith 

6 the State Administrative Procedures Act under the State 

7 Government Article, beginning at Section 10-101. 

8 Notice of this hearing appeared in the: 

9 Maryland Register on January 29, 2010; MOE's website from 

10 January 26, 2010 to March 3, 2010; the Baltimore Sun on 

11 January 29, 2010; Saint Mary's Enterprise on January 29, 

12 2010; Cumberland Times-News on January 29, 2010; 

13 Frederick News-Post on January 29, 2010; Salisbury Daily 

14 Times on January 29, 2010; and the Washington Post on 

15 January 28, 2010. 

16 Copies of these notices were submitted for the 

17 record. 

18 Copies of this proposed action and supporting 

19 documents we r e made ava i lable for review by the State 

20 Clearinghouse and are also submitted at this time into 

21 the hearing record. Copies were also made available for 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
0 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

8 

public i nspecti on at the Ai r and Radi ation Management 

Administration offices in Baltimore, Cumberland, and 

Salisbury, _and at a ll local health departments or local 

a i r quality control offices. 

The purpose of today's hearing is to give the 

public an opportunity to comment on the proposed 

amendments to COMAR 26.11.01 and 26.11.09 r elated to f uel 

burni ng equipment tha t a re requi r e d to demonstrate 

compl iance with visi ble emi ssions requirements using 

continuous opacity monitoring data. 

Summary 

The purpose of this action is to: 

1. Amend COMAR 26.11.01.01 to clarify the 

de f inition o f "Continuous Emission Monitorn (CEM) and add 

a de f inition f or "Continuous Opaci ty Monitorn (COM); 

2. Amend Regulation 26.11.01.05 to clarify 

t hat submi ssion of test res ults, r eports, or other 

i nf ormati on t o t he Depart ment must be submitted to the 

I 

.. 

Program Manager o f the Air Qua lity Compliance Program and 

that all records and documenta t i on must be maintained onsite and made available to the Department upon request; 

For The Record, Inc. 

(301) 870-8025 - www.ftrinc.net- (800) 921-5555 
9 

1 3. Repeal existing Regulations 26.11.01.10 and 

2 .11 and adopt new Regulations .10 and .11 in order to 

3 clarify which requirements are for continuous opacity 

4 monitors and continuos emission monitors; 

5 4. Discontinue the use of Technical Memorandum 

6 90-01 "Continuous Emission Monitoring (CEM)Policies and 

7 Procedures" for the fuel burning equipment except for 

8 Part II "Quality Assurance Requirements for Continuous 

9 Opacity Monitoring Systems". This Technical Memorandum 

10 90-01 is incorporated by reference under 26.11.01.11; and 

11 5. Amend COMAR 26.11.09.05 to: 

12 (a) Add new definitions for "Capacity 

13 factor" and "Operating time"; 

14 (b) Expand the regulation to include 

15 revised procedures for demonstrating compliance with 

16 visible emission requirements for sources that are 

17 required to install COMs; 

18 (c ) Add procedures that under cer t a in 

19 conditions allow fuel burning equipment with f lue ga s 

20 desulfurization units to replace continuous opacity 

21 monitors with continuous emission monitors for 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
0 10 

1 particulate matter; and 

2 (d) Add en f orcement procedures for 

3 continuous opacity monitor s f or f uel burning equipment. 

4 Sources Affected 

5 A number of source categories such as power 

6 plants, cement plants and incinerators are required to 

7 i nst a ll continuous opaci ty moni tors . These amendments 

8 aff ect fue l burni ng equipment of a c e rtain size which 

9 cover s boilers, f urnaces, stati ona ry internal combustion 

10 engines and stationary combusti on turbines. 

11 Requirements 

12 The visible emissions standards applicable to 

13 these units r emain 'unchanged. The amount of time a 

14 source is exempt from the visible emissions standard' has 

15 been reduced and the exceptions are noted here. 

16 Exceptions f or start up, load changi ng and other 

17 activitie s ha ve been eliminated. 

18 Baseload Units 

19 For 2010 and beyond, b aseload units are 

20 allowed: 

21 2% of oper ating time at greater than the 

For The Record, Inc. 

(301) 870-8025 - www.ftrinc.net- (800) 921-5555 
11 

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

2 Within the 2%, baseload units are allowed: 

3 0.5% of operating time or 5 hours per quarter 

4 whichever is greater at 40.0-70.0% opacity; 

5 (4) six minute periods greater than 70.0% 

6 opacity except for coal fired units with ESP particulate 

7 co ntrols; 

8 Coal fired units with ESP particulate controls 

9 are allowed 2.2 hours per quarter above 70.0% opacity. 

10 Regardless of the quarterly allowances, the daily limit 

11 below must be met. 

12 Low Capacity Units 

13 Low capaci ty = 25% capacity factor or less on a 

14 rolling average. 

15 Units with less than 300 hours operating time 

16 per quarter are a l lowed 12 hours per quarter above the 

17 applicable standar ds (10% or 20%) up to 40.0% opacity; 

18 units with greater t han 300 hours operating t ime per 

19 quarter are allowed 20 hours per quarter above t he 

20 applicable standards (10 % or 20%) up to 40.0% opaci ty. 

21 Within the 12 and 20 hours, all low capacity 

For The Record, Inc. 

{301) 870-8025- www.ftrinc.net- (800) 921-5555 
12 

1 units are allowed: 

2 2.2 hours per quarter at 40.0%-70.0% opacity 

3 (4) six minute periods above 70.0% 

4 Regardless of the quarterly allowances, the 

5 daily limit below must be met. 

6 Daily L~it for Both Baseload Units and Low Capacity 

7 Units 

8 A daily limit of 4.1 hours above the standard 

9 including: 

10 2.7 hours above the applicable standards (10% 

11 or 20%) up to 40.0% opacity and 1.2 hours at 40.0% up to 

12 70.0 % opaci ty and 

13 (2 ) six minute periods above 70.0% opacity 

14 In 2010, 9 o f the 17 affected units will 

15 install S02 scrubbers. Thes e scr ubbe rs are expected to 

16 signifi c a ntly further reduce pa r t i culate matter and 

17 opacity. 

18 The owner of those units that install scrubbers 

19 will have the opportunity to demonstrate that the 

20 satur ated plume from the scrubber interferes with 

21 accur ate measurement of visible emissions and install a 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
13 

1 continuous emission monitor (CEM) for particulate matter 

2 in place of the continuous opacity monitor. If the CEM 

3 provides accurate measurement for particulate matter, the 

4 source may discontinue use of the continuous opacity 

5 monitor and provide quarterly data for particulate matter 

6 emissions. 

7 Maryland's State Implementation Plan (SIP) 

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

9 Environmental Protection Agency for approval as part of 

10 Maryland's State Implementation Plan. 

11 Consideration of Comments 

12 The Department will consider all comments 

13 before making a decision to adopt these amendments to 

14 COMAR 26.11.01 and COMAR 26.11 . 09. 

15 

16 MS. RABIN: Would anyone l i ke to comment on 

17 this proposed action? 

18 (No response) . 

19 MS. RABIN: Please let the record show that no 

20 one has commented on this proposed a ction. 

21 This will conclude the public hearing regarding 

For The Record, Inc. 

(30 1) 870-8025 - www.ftrinc.net- {800) 921-5555 
14 

1 proposed amendments to COMAR 26.11.01 and 26.11.09 

2 concerning opacity requirements. Let the record reflect 

3 that it is now 10:21, and this hearing is officially 

4 concluded. 

5 (Whereupon, the hearing was concluded) . 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- {800) 921-5555 
15 

1 CERTIFICATE OF COURT REPORTER 

2 

3 I, Li nda Metcalf, do hereby certify that the 

4 foregoing transcripti on was reduced to typewriting via 

5 audiotapes r ecorded by me; that I am neither counsel for, 

6 nor related to, nor employed by any of the parties to the 

7 case in which these proceedi ngs were transcribed; that I 

8 am not a relat ive or employee o f a ny attorney or counsel 

9 employed by the parties hereto, nor f inancially or 

10 otherwise i nterested in t he out come of the action. 

11 

12 

13 

14 

15 

16 LINDA METCALF 

17 Court Reporter 

18 

19 

20 

21 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
MOE 

Name 

(please print) 

S"r16'JC ~c.L~, ... 

"DA\l~ CfZ~ -

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR AND RADIATION MANAGEMENT ADMINISTRATION 

PUBLIC HEARING ON REGULATIONS/AMENDMENTS 

Date: March 3, 2010 

Signature Street Address City/State/ 

Zip Code 

Organization or 

Affiliation 

0PfL- 'v+(l t:f;~~~ ~Ni>(~ I~ • 

~(,J3 -r~~ .. ~v'{w-.. 

r c=-6~0 \ "~b~S\~ ~1\W~ .. ~~ 

J"J. c~ Q\... 

~ f./\- f'J\\AA~\ ..... ~ /\'\~ d...o7-&5 - -

Do You 

Wish To 

Testify? 

tJcJ 

~ 

~\)