### Statementofthe Air and Radiation Management Administration Departmentofthe Environment for the Public Hearing Relating to Removal ofReferences to Technical Memorandum 90-01 from the Department's Opacity Regulations and Clarification ofthe Location ofthe Quality Assurance/Quality Control Requirements for Continuous Opacity Monitors under COMAR 26.11.31 held on July 11, 2011 Baltimore, MD My name is Deborah Rabin. I am the Regulations Coordinator forthe Airand Radiation Management Administration, Department ofthe Environment. This public hearing is being held pursuant to the requirements of40 CFR Section 51.102 and Sections**2~301** et. seq. ofthe Environment Article, Annotated Code ofMaryland. 

### It is also being held in conformance with the State Administrative Procedures Act underthe State Government Article, beginning at Section 1 0-101. Notice ofthis hearing appeared inthe: Maryland Register on April 22, 2011(hearing date/end ofcommentperiod revision published in the Maryland RegisteronJune 3, 2011); and MOE's website from May 26, 2011 through July 11, 2011. Copies ofthese notices were submitted for the record
. Copies ofthis 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 orlocal air quality control offices. The purpose oftoday's hearing is to give the public an opportunity to comment on proposed amendments to Regulations
. 1 0 and .11 under COMAR 26.11.01 General Administrative Provisions that were published in the Maryland Register on April 22, 2011. 

### Summary The purpose ofthis action is to remove the references to Technical Memorandum 90-01 from the Department's opacity regulations under COMAR 26.11.01.10 and COMAR 26.11.01.11 and clarify that the Quality Assurance/ Quality Control for Continuous Opacity Monitors (COM) is now located in COMAR 26.11.31
. This action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part ofMaryland's State Implementation Plan
. 

### 1Background The Department's opacity regulations include the Continuous Opacity Monitor (COM) and Continuous Emission Monitor (CEM) requirements in CO MAR 26.11.01.10 and .11, definitions in COMAR 26.11.09 and the requirements in COMAR 26.11
.09.05 that provide the procedures for demonstrating compliance with visible emissions requirements using COM data. This action is part ofa continuing effortby the Department to remove the applicability ofthe Department's TM 90-01 that contains the procedures for demonstrating compliance with visible emissions requirements using COM data
. Requirements These amendments are minor administrative corrections that are necessary before submitting the regulations to EPA. These amendments include: 1. In CO MAR 26.11.01.1

### OF, clarifying that the QA/QC for COMs is now located in new COMAR26
. 11.31. 2. Removing the reference to Technical Memorandum 90-01 by deleting COMAR 26.11.01.110(3). 

### Consideration ofComments The Department will consider all comments before making a decision to adopt these amendments
.

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