1 1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 2 AIR AND RAD I A TION MANAGEMEN T 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 Mar yland. 16 17 BEFORE: DEBORAH RABIN, Heari ng Officer 18 19 Reported by: Linda Metcalf 20 2 1 

### Fo r The Record , Inc. (301) 870-8025- www.ftri nc.net- (800) 92 1-55552 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 1 2 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 D epar tment o f the Environment 16 1800 Wa s hi ngton B oulevar d 17 Baltimore, Mar yland 21230 18 19 ALSO PRESENT: 2 0 Steve McLai n, Panda- Bra n dywine 2 1 David Cr amer, Mirant 

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### 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. 

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# 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 Regulation s C oordinator f or the A ir and Radiation 9 Management A dministration. I w i 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 1 2 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 2 1 D e partment proposes to : 

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### 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 Regulation s .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 for 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. 

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### When giving your statement, please come up 2 

### front, identify yourself and your af f iliation, and give 3 

### your statement loudly and clearly. Are there any 4 

### questions? 5 

### (No response}

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### 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 1 2 Relating to Proposed Amendments to**CO~** 26.11.01 and 1 3**co~** 26.11.09 1 4 Concerning Fuel Burning Equipment that are Required to 1 5 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 o f 

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. (301) 870-8025- www.ftrinc.net- (800) 921-55557 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 wer 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 

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### 9 10 11 12 13 14 15 16 17 18 19 20 21 8 

### public i nspecti on at the A i 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 2 6.11.09 r elated to fuel burni ng equipment that a re requ i r e d to demonstrate compl iance with vis i 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 E m

iss ion 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 s s ion of te st re s ults, r eports, or other i nf ormati on t o t he Depart m ent must be submitted to the I 

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Program Manager o f the Air Qua lity Compliance Program and that all records and docume nta t i on must be maintained onsite and made available to the Department upon request; 

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### 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 flue ga s 20 desulfurization units to replace continuous opacity 21 monitors with continuous emission monitors for 

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### particulate matter; and 2 (d) Add en f orcement procedures for 3 

### continuous opacity monitor s f or fuel 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 n s t 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, furnaces , 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 chang i ng and other 17 activi tie s have been eliminated. 18 B aseload Units 19 For 2010 and beyond, b aseload units are 20 allowed: 21 2% o f oper ating time at greater than the 

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.net- (800) 921-555511 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 capac i 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. 

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### (800) 921-555512 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 1 7 affected units will 15 install S02 scrubbers. The s e scr ubbe rs are expected to 16 signi fi c a ntly further reduce par 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 satu r ated plume from the scrubber interferes with 21 accur ate measurement of visible emissions and install a 

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### 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. 2 1 This will conclude the public hearing regarding 

### For The Record, Inc. (30 1) 870-8025 - www.ftrinc.net- {800) 921-555514 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)

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### CERTIFICATE OF COURT R EPORTER 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 ng s were transcribed; that I 8 am no t a relat ive or employee o f a ny attorney or counsel 9 employed by the parties heret o, nor f inancially or 10 otherwise i nterested in t he out come of the action. 11 12 13 14 15 16 

### LINDA METCAL F 17 Court Reporter 18 19 20 21 

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- 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 

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