Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the Public Hearing 

Relating to Removal of References to Technical Memorandum 90-01 from the 

Department's Opacity Regulations and Clarification of the Location of the 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 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 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 April 22, 2011 (hearing date/end of comment period revision 

published in the Maryland Register on June 3, 2011); and 

MOE's website from May 26, 2011 through July 11, 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 of today's hearing is to give the public an opportunity to comment on proposed 

amendments to Regulations .1 0 and .11 under CO MAR 26.11.01 General Administrative 

Provisions that were published in the Maryland Register on April 22, 2011. 

Summary 

The purpose of this 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 of Maryland's State Implementation Plan. 

1 
Background 

The Department's opacity regulations include the Continuous Opacity Monitor (COM) and 

Continuous Emission Monitor (CEM) requirements in CO MAR 26.11.0 1.10 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 of a continuing effort by the Department to remove the applicability of the 

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 26.11.0 1.1 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 

26.11.01.11 0(3). 

Consideration of Comments 

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

amendments. 

2