MDE 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard .Baltimore MD 21230 

410-537-3000 • 1-800-633-6101 

Martin O'Malley 

Governor 

Anthony G. Brown 

Lieutenant Governor 

APR 042012 

Mr. Shawn M. Garvin 

Regional Administrator (3RAOO) 

U.S. Environmental Protection Agency 

Region III 

1650 Arch Street 

Philadelphia PA 19103-2029 

Dear Mr. Garvin: 

Robert M. Summers, Ph.D. 

Secretary 

The purpose of this letter is to submit the enclosed State Implementation Plan (SIP) Revision 

# 12-02 concerning implementation of the U. S. Environmental Protection Agency's ("EPA") 

action to defer, for a period of three years, the Prevention of Significant Deterioration (PSD) and 

Title V permitting requirements related to carbon dioxide (C02) emissions from bioenergy and 

other biogenic stationary sources (biogenic CO2). The EPA Rule "Deferral for CO2 Emissions 

from Bioenergy and Other Biogenic Sources under the Prevention of Significant Deterioration 

and Title V Programs"(76 FR 43490) ("Deferral Rule") was published on July 20, 2011 and 

became effective that day. The Rule amended the "Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule" (75 FR 31514) published in the Federal Register on 

June 3, 2010. 

This SIP Revision includes amendments to (1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions; (2) Regulations .01 under COMAR 26.11.02 Permits, Approvals, and 

Registration; and (3) Regulation .14 under COMAR 26.11.06 General Emission Standards, 

Prohibitions, and Restrictions. I certify that the electronic copy of this SIP submittal (enclosed) 

is an exact duplicate of the official hard copy. 

The Notice of Proposed Action for this SIP Revision was published in the Maryland Register on 

December 2, 2011. A public hearing was held on January 11, 2012. The action was adopted on 

February 1; 2012. The Notice of Final Action was published on February 24, 2012 and the 

amendments became effective on March 5, 2012. All administrative procedures were properly 

followed throughout the adoption process. 

Maryland understands that this SIP Revision along with previously approved SIP Revisions 

relating to its federally enforceable PSD program support a finding that Maryland has met its 

statutory obligations pursuant to CAA 110(a)(2) which relate to CAA Subchapter I, Part C 

requirements, including, but not limited to, relevant portions of Sections 11 0(a)(2)(C), (D)(i)(II) 

and (J). 

Recycled Paper wwwmde . statemd.us . TTY Users 1·800·735·2258 

Via Maryland Relay Service 
Mr. Shawn M. Garvin 

Page 2 

If you have any questions concerning this SIP action, please feel free to call me at 

(410) 537-3084 or Mr. George (Tad) S. Aburn, Jr., Director of the Air and Radiation 

Management Administration, at (410) 537-3255. 

Sincerely, 

1flftj 

Robert M. Summers, Ph.D. 

Secretary 

RMS:dhr 

Enclosure 

Recycled Paper wwwmde statemdus . TTY Users 1-800-735-2258 

Via Maryland Relay Service 
TECHNICAL SUPPORT DOCUMENT

Department of the Environment 

Implementation of EPA's 

Biogenic CO2 Deferral Rule 

Amendments to COMAR 26.11.01.01, 

COMAR 26.11.02.01 and COMAR 26.11.06.14

Purpose 

The purpose of this action is to implement the U. S. Environmental Protection Agency’s (“EPA”) 

action to defer, for a period of three years, the Prevention of Significant Deterioration (PSD) and 

Title V permitting requirements related to carbon dioxide (CO2) emissions from bioenergy and 

other biogenic stationary sources (biogenic CO2). The EPA Rule "Deferral for CO2 Emissions 

from Bioenergy and Other Biogenic Sources under the Prevention of Significant Deterioration 

and Title V Programs"(76 FR 43490) (“Deferral Rule”) was published on July 20, 2011 and 

became effective that day. The Rule amended the “Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule” (75 FR 31514) published in the Federal Register on 

June 3, 2010. 

During the three year deferral period, EPA will conduct a detailed examination of the science 

associated with biogenic CO2 emissions from stationary sources. This study will consider 

technical issues that EPA must resolve in order to account for biogenic CO2 emissions in ways 

that are scientifically sound and also manageable in practice. 

The appropriate parts of this action will be submitted to EPA for approval as part of Maryland's 

State Implementation Plan and Title V Program. The Department will request approval of the 

regulations in their entirety. 

Biogenic CO2 emissions 

Biogenic CO2 emissions are defined as emissions of CO2 from a stationary source directly 

resulting from the combustion or decomposition of biologically-based materials other than fossil 

fuels and mineral sources of carbon. Examples include, but are not limited to: 

• CO2 generated from the biological decomposition of waste in landfills, wastewater treatment or 

manure management processes; 

• CO2 from the combustion of biogas collected from biological decomposition of waste in 

landfills, wastewater treatment or manure management processes; 

• CO2 from fermentation during ethanol production; 

• CO2 from combustion of the biological fraction of municipal solid waste or biosolids; 

• CO2 from combustion of the biological fraction of tire-derived fuel; and 

1 
• CO2 derived from combustion of biological material, including all types of wood and wood 

waste, forest residue, and agricultural material. 

Explanation of Specific Amendments 

The following regulations have been amended to implement EPA's Deferral Rule: 

1. COMAR 26.11.01.01B(6-1) – the CO2 equivalent emissions (CO2e) calculation procedure 

was amended to defer, for a period of three years, the inclusion of biogenic CO2 in the mass 

amount of emissions for CO2. 

2. COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 - The citations to 40 CFR 52.21 in 

the definition of “PSD Source” and in the general requirements for PSD sources have been 

updated to include a reference to EPA’s Deferral Rule. 

3. COMAR 26.11.02.01B(44) – the definition of "Regulated air pollutant" was amended to 

include the deferral of requirements related to carbon dioxide (C02) emissions from biogenic 

CO2 under EPA’s Deferral Rule. 

4. COMAR 26.11.02.01C(1) - the definition of "Major source" has been amended to update 

the citation to 40 CFR 70.2 to include a reference to EPA’s Deferral Rule. 

Sources Affected 

Stationary sources that emit CO2 directly resulting from the combustion or decomposition of 

biologically-based materials other than fossil fuels and mineral sources of carbon. Examples 

include, but are not limited to those provided in Table 1: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY 

Category NAICS* Examples of affected facilities 

Biomass combustion 221 

321 

322 

Electric utilities burning biomass fuels. 

Wood products manufacturing, and wood pellet fuel 

manufacturing. 

Pulp and paper manufacturing. 

Municipal solid waste combustion 562213 Solid waste combustors and incinerators. 

Sources/users of biogas 112 

221320 

562212 

Animal production manure management operations. 

Sewage treatment facilities. 

Solid waste landfills. 

Fermentation processes 325193 

325411 

Ethanol manufacturing. 

Medicinal and botanical manufacturing. 

Other 311/312 Food/Beverage processors burning agricultural biomass 

residues, using fermentation processes, or producing/using 

biogas from anaerobic digestion of waste materials. 

 2
 3

* The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying 

business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business 

economy. NAICS was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to 

replace the Standard Industrial Classification (SIC) system. 

Economic Impact on Affected Sources 

EPA stated that this rule will "relieve the necessary analysis and corresponding workload 

requirements for most affected facilities, including small businesses, subject to the PSD and Title 

V programs." (76:43505) 

Economic Impact on Small Businesses 

EPA stated that this rule will "relieve the necessary analysis and corresponding workload 

requirements for most affected facilities, including small businesses, subject to the PSD and Title 

V programs. As a result, the program changes provided in this rule are not expected to result in a 

significant economic impact on a substantial number of small entities. In addition, EPA 

determined that the final rulemaking would not have a significant impact on small governmental 

jurisdictions. The EPA has therefore concluded that this final action will not have a significant 

economic impact on a substantial number of small entities." (76:43505) 

Economic Impact on the Department 

EPA has temporarily removed the additional burdensome analysis associated with analyzing and 

accounting for biogenic CO2 emissions as part of processing permit applications from biomass 

facilities. EPA has stated that during this three year deferral period it will develop a consistent 

and practical framework for determining net carbon cycle impacts (76:43496). 

Emissions Reductions Expected from this Action 

None. EPA's three year deferral was implemented to provide time for EPA to account for 

biogenic CO2 emissions in ways that are scientifically sound and also manageable in practice. 

Equivalent Federal Standard that Applies to these Sources 

EPA's "Deferral for CO2 Emissions from Bioenergy and Other Biogenic Sources under the 

Prevention of Significant Deterioration and Title V Programs"(76 FR 43490). The Final Rule 

was published on July 20, 2011. 

Submission to EPA as Revision to Maryland's SIP/Title V Program 

The appropriate parts of this action will be submitted to EPA for approval as part of Maryland's 

State Implementation Plan and Title V Program. The Department will request approval of the 

regulations in their entirety. 
FINAL TEXT OF SECTIONS AMENDED 

Title 26 DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 01 General Administrative Provisions 

.01 Definitions. 

A. In this subtitle, the following terms have the meanings indicated. 

B. Terms Defined. 

 (6-1) CO2 Equivalent Emissions (CO2e). 

(a) “CO2 equivalent emissions (CO2e)” means the amount of GHGs emitted. 

(b) “CO2 equivalent emissions (CO2e)”shall be computed as follows: 

(i) Except as stated in §B(6-1)(b)(iii) of this regulation, multiply the mass amount of emissions (tpy), for 

each of the six greenhouse gases in the pollutant GHGs, by the gas‘s associated global warming potential 

published at Table A–1 to Subpart A of 40 CFR Part 98 — Global Warming Potentials (74 FR 56395); 

(ii) Sum the resultant values from B(6-1)(b)(i) of this regulation for each gas to compute a tpy CO2e; and 

(iii) Prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide 

emissions resulting from the combustion or decomposition of nonfossilized and biodegradable organic 

material originating from plants, animals, or micro-organisms (including products, by-products, residues 

and waste from agriculture, forestry and related industries as well as the nonfossilized and biodegradable 

organic fractions of industrial and municipal wastes, including gases and liquids recovered from the 

decomposition of nonfossilized and biodegradable organic material). 

 (37) “Prevention of Significant Deterioration (PSD) source” means any new or modified source subject to 

the provisions of 40 CFR §52.21, as published in the 2009 edition, as amended by the "Prevention of 

Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" (75 FR 31514) and the "Deferral for 

CO2 Emissions from Bioenergy and Other Biogenic Sources under the Prevention of Significant 

Deterioration and Title V Programs" (76 FR 43490), including: 

(a) Any of the following sources which emit, or have the potential to emit, 100 tons per year of any air 

pollutant, except for greenhouse gases, regulated under the federal Clean Air Act Amendments of 1977 (42 

U.S.C. §7401 et seq.): 

(i) Fossil fuel-fired steam electric plants of more than 250 million Btu per hour heat input; 

(ii) Coal cleaning plants (with thermal dryers); 

(iii) Kraft pulp mills; 

(iv) Portland cement plants; 

1
(v) Primary zinc smelters; 

(vi) Iron and steel mill plants; 

(vii) Primary aluminum ore reduction plants; 

(viii) Primary copper smelters; 

(ix) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

(x) Hydrofluoric, sulfuric, and nitric acid plants; 

(xi) Petroleum refineries; 

(xii) Lime plants; 

(xiii) Phosphate rock processing plants; 

(xiv) Coke oven batteries; 

(xv) Sulfur recovery plants; 

(xvi) Carbon black plants (furnace process); 

(xvii) Primary lead smelters; 

(xviii) Fuel conversion plants; 

(xix) Sintering plants; 

(xx) Secondary metal production plants; 

(xxi) Chemical process plants; 

(xxii) Fossil fuel boilers (or combination of them) totaling more than 250 million Btu per hour heat input; 

(xxiii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

(xxiv) Taconite ore processing plants; 

(xxv) Glass fiber processing plants; 

(xxvi) Charcoal production plants; 

(b) Any other source which emits or has the potential to emit 250 tons per year or more of any air pollutant, 

except for greenhouse gases, regulated under the Federal Clean Air Act (42 U.S.C. 7401 et seq.); 

(c) Beginning January 2, 2011, sources of GHGs to which 40 CFR 52.21(b)(49)(iv) applies; and 

(d) Beginning July 1, 2011, sources of GHGs to which 40 CFR 52.21(b)(49)(v) applies. 

2
Title 26 DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 02 Permits, Approvals, and Registration 

.01 Definitions. 

A. In this chapter and in COMAR 26.11.03, the following terms have the meanings indicated. 

B. Terms Defined. 

(44) "Regulated air pollutant" means the following: 

(a) Nitrogen oxides (NOx) or any volatile organic compound (VOC); 

(b) A pollutant for which a national ambient air quality standard has been promulgated; 

(c) A pollutant that is subject to any new source performance standard promulgated under §111 of the 

Clean Air Act; 

(d) A Class I or II substance subject to a standard concerning stratospheric ozone protection promulgated 

under or established by Title VI of the Clean Air Act; 

(e) A hazardous air pollutant subject to a standard promulgated under §112 or other requirements 

established under §112 of the Clean Air Act, including provisions for modifications under §112(g), 

provisions for equivalent emissions limitations by permit under §112(j), and provisions for prevention of 

accidental releases under §112(r) of the Clean Air Act, including the following: 

(i) A pollutant subject to requirements under §112(j) of the Clean Air Act; if the EPA fails to promulgate a 

standard by the date established pursuant to §112(e) of the Clean Air Act, a pollutant for which a subject 

source would be major shall be considered to be regulated on the date 18 months after the applicable date 

established pursuant to §112(e) of the Clean Air Act, and 

(ii) A pollutant for which the requirements of §112(g)(2) of the Clean Air Act have been met, but only with 

respect to the individual source subject to the §112(g)(2) requirement; or 

(f) A greenhouse gas (GHG) as defined in COMAR 26.11.01.01B(18-1) and subject to regulation under the 

"Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" (75 FR 31514) and 

the "Deferral for CO2 Emissions from Bioenergy and Other Biogenic Sources under the Prevention of 

Significant Deterioration and Title V Programs" (76 FR 43490). 

C. Major Source. 

(1) "Major source" means a stationary source or group of stationary sources that are located on one or more 

contiguous or adjacent properties, and are under common control of the same person, or persons under 

common control, belonging to a single major industrial grouping and that is described as follows: 

3
(a) A major source under §112 of the Clean Air Act concerning hazardous air pollutants, defined as: 

(i) For pollutants other than radionuclides, a stationary source or group of stationary sources located within 

a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 

tons per year or more of a hazardous air pollutant which has been listed pursuant to §112(b) of the Clean 

Air Act, 25 tons per year or more of any combination of hazardous air pollutants, or a lesser quantity that 

the EPA may establish by rule; 

(ii) Notwithstanding §C(1)(a)(i) of this regulation, emissions from an oil or gas exploration or production 

well, with its associated equipment, and emissions from a pipeline compressor or pump station may not be 

aggregated with emissions from similar devices, whether or not the devices are in a contiguous area or 

under common control, to determine whether the devices or stations are major sources; or 

(iii) For radionuclides, a major source has the meaning specified by EPA by rule; 

(b) Except as provided in §C(1)(d) of this regulation, a major stationary source of air pollutants, as defined 

in §302 of the Clean Air Act, that directly emits, or has the potential to emit, 100 tons per year or more of 

any air pollutant including a major source of fugitive emissions of the pollutant, as determined by rule by 

the EPA; or 

(c) A major stationary source as defined in Part D of Title I of the Clean Air Act, concerning nonattainment 

areas, including any stationary source which emits or has the potential to emit: 

(i) 25 tons per year or more of VOC or NOx for sources located in Baltimore City or Anne Arundel, 

Baltimore, Carroll, Cecil, Harford, Howard, Calvert, Charles, Frederick, Montgomery, or Prince George's 

counties; 

(ii) 50 tons per year or more of VOC for sources located in Allegany, Caroline, Dorchester, Garrett, Kent, 

Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties; 

(iii) 100 tons per year or more of NOx for sources located in Allegany, Caroline, Dorchester, Garrett, Kent, 

Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties; or 

(iv) 100 tons per year or more of carbon monoxide for sources located in the areas designated as 

nonattainment for carbon monoxide in 40 CFR §81.321 (1992 edition); 

(d) A GHG source shall not be considered a major stationary source of any GHG under §C(1)(b) of this 

regulation unless it is subject to regulation under paragraphs (1) and (2) of the definition of “Subject to 

regulation” in 40 CFR 70.2, as amended by “Prevention of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule” (75 FR 31514) and the "Deferral for CO2 Emissions from Bioenergy and 

Other Biogenic Sources under the Prevention of Significant Deterioration and Title V Programs" (76 FR 

43490). 

 

4
Title 26 DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 06 General Emission Standards, Prohibitions, and Restrictions 

.14 Control of PSD Sources. 

A. Definition. 

(1) In the following provisions, "Administrator" has the meaning set forth in §A(2) of this regulation: 

(a) 40 CFR §52.21(b)(3)(iii)(a), (17), (37)(i) and (iii), (43), (48)(ii), (50)(i), (51); 

(b) 40 CFR §52.21(g)(1),(2),(4),(5),and (6); 

(c) 40 CFR §52.21(i)(1)(x); 

(d) 40 CFR §52.21(l)(2); 

(e) 40 CFR §52.21(o)(3); 

(f) 40 CFR §52.21(p)(1) and (2); 

(g) 40 CFR §52.21(s); 

(h) 40 CFR §52.21(t); and 

(i) 40 CFR §52.21(u)(1)(3) and (4). 

(2) Term Defined. "Administrator" means the Administrator of the United States Environmental Protection 

Agency. 

B. General Requirements. 

(1) A person may not construct, modify, or operate, or cause to be constructed, modified, or operated, a 

Prevention of Significant Deterioration (PSD) source, as defined in COMAR 26.11.01.01B(37), which will 

result in violation of any provision of 40 CFR §52.21, as published in the 2009 edition, as amended by the 

“Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule” (75 FR 31514) and 

the "Deferral for CO2 Emissions from Bioenergy and Other Biogenic Sources under the Prevention of 

Significant Deterioration and Title V Programs" (76 FR 43490). 

(2) The reviewing authority is the Department instead of the Administrator unless otherwise specified in 40 

CFR §52.1116, and the applicable procedures are those set forth in COMAR 26.11.02. 

5
PROPOSED ACTION ON REGULATIONS

1645

MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT

Subtitle 11 AIR QUALITY

Notice of Proposed Action

[11-347-P]

The Secretary of the Environment proposes to amend:

(1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions;

(2) Regulation .01 under COMAR 26.11.02 Permits, 

Approvals, and Registration; and 

(3) Regulation .14 under COMAR 26.11.06 General Emission

Standards, Prohibitions, and Restrictions. 

Statement of Purpose

The purpose of this action is to implement the U.S. Environmental 

Protection Agency‘s (EPA) action to defer, for a period of 3 years, 

the Prevention of Significant Deterioration (PSD) and Title V 

permitting requirements related to carbon dioxide (CO2) emissions 

from bioenergy and other biogenic stationary sources (biogenic CO2). 

The EPA Rule ―Deferral for CO2 Emissions from Bioenergy and 

Other Biogenic Sources under the Prevention of Significant 

Deterioration and Title V Programs‖ (76 FR 43490) (―Deferral 

Rule‖) was published on July 20, 2011, and became effective that 

day. The Rule amended the ―Prevention of Significant Deterioration 

and Title V Greenhouse Gas Tailoring Rule‖ (75 FR 31514) 

published in the Federal Register on June 3, 2010.

During the 3-year deferral period, EPA will conduct a detailed 

examination of the science associated with biogenic CO2 emissions 

from stationary sources. This study will consider technical issues that 

EPA must resolve in order to account for biogenic CO2 emissions in 

ways that are scientifically sound and also manageable in practice. 

The appropriate parts of this action will be submitted to EPA for 

approval as part of Maryland‘s State Implemenation Plan and Title V 

Program. The Department will request approval of the regulations in 

their entirety. 

Biogenic CO2 Emissions

Biogenic CO2 emissions are defined as emissions of CO2from a

stationary source directly resulting from the combustion or 

decomposition of biologically based materials other than fossil fuels 

and mineral sources of carbon. Examples include, but are not limited 

to: 

• CO2 generated from the biological decomposition of waste in 

landfills, wastewater treatment or manure management processes; 

• CO2from the combustion of biogas collected from biological 

decomposition of waste in landfills, wastewater treatment or manure 

management processes; 

• CO2from fermentation during ethanol production; 

• CO2from combustion of the biological fraction of municipal 

solid waste or biosolids; 

• CO2from combustion of the biological fraction of tire-derived 

fuel; and 

• CO2 derived from combustion of biological material, 

including all types of wood and wood waste, forest residue, and 

agricultural material. 

Explanation of Specific Amendments

The following regulations have been amended to implement 

EPA‘s Deferral Rule:

1. COMAR 26.11.01.01B(6-1) — the CO2 equivalent 

emissions (CO2e) calculation procedure was amended to defer, for a 

period of 3 years, the inclusion of biogenic CO2in the mass amount 

of emissions for CO2.

2. COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 —

The citations to 40 CFR 52.21 in the definition of ―PSD Source‖ and 

in the general requirements for PSD sources have been updated to 

include a reference to EPA‘s Deferral Rule. 

3. COMAR 26.11.02.01B(44) — the definition of ―Regulated 

air pollutant‖ was amended to include the deferral of requirements 

related to carbon dioxide (C02) emissions from biogenic CO2 under 

EPA‘s Deferral Rule.

4. COMAR 26.11.02.01C(1) — the definition of ―Major 

source‖ has been amended to update the citation to 40 CFR 70.2 to 

include a reference to EPA‘s Deferral Rule. 

Sources Affected

Stationary sources that emit CO2 directly resulting from the 

combustion or decomposition of biologically based materials other 

than fossil fuels and mineral sources of carbon. Examples include, 

but are not limited to those provided in Table 1: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES 

BY NAICS* CATEGORY

Category: Biomass combustion

NAICS: 

221 Electric utilities burning biomass fuels

321 Wood products manufacturing, and wood pellet fuel 

manufacturing

322 Pulp and paper manufacturing

Category: Municipal solid waste combustion 

NAICS: 562213 Solid waste combustors and incinerators

Category: Sources/users of biogas

NAICS: 

112 Animal production manure management operations

221320 Sewage treatment facilities

562212 Solid waste landfills

Category: Fermentation processes

NAICS: 

325193 Ethanol manufacturing

325411 Medicinal and botanical manufacturing

Category: Other

NAICS: 311/312 Food/Beverage processors burning agricultural 

biomass residues, using fermentation processes, or producing/using 

biogas from anaerobic digestion of waste materials.

* The North American Industry Classification System (NAICS) is 

the standard used by Federal statistical agencies in classifying 

business establishments for the purpose of collecting, analyzing, and 

publishing statistical data related to the U.S. business economy. 

NAICS was developed under the auspices of the Office of 

Management and Budget (OMB), and adopted in 1997 to replace the 

Standard Industrial Classification (SIC) system

Emissions Reductions Expected from This Action 

None. EPA‘s 3-year deferral was implemented to provide time for 

EPA to account for biogenic CO2 emissions in ways that are 

scientifically sound and also manageable in practice. 
PROPOSED ACTION ON REGULATIONS

1646

MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. 

Economic Impact on Affected Sources 

EPA stated that this rule will ―relieve the necessary analysis and 

corresponding workload requirements for most affected facilities, 

including small businesses, subject to the PSD and Title V 

programs.‖ (76:43505)

Economic Impact on Small Businesses 

EPA stated that this rule will ―relieve the necessary analysis and 

corresponding workload requirements for most affected facilities, 

including small businesses, subject to the PSD and Title V programs. 

As a result, the program changes provided in this rule are not 

expected to result in a significant economic impact on a substantial 

number of small entities. In addition, EPA determined that the final 

rulemaking would not have a significant impact on small 

governmental jurisdictions. The EPA has therefore concluded that 

this final action will not have a significant economic impact on a 

substantial number of small entities.‖ (76:43505)

Economic Impact on the Department 

EPA has temporarily removed the additional burdensome analysis 

associated with analyzing and accounting for biogenic CO2 emissions 

as part of processing permit applications from biomass facilities. EPA 

has stated that during this 3-year deferral period it will develop a 

consistent and practical framework for determining net carbon cycle 

impacts (76:43496).

Revenue (R+/R-)

II. Types of Economic 

Impact.

Expenditure 

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State agencies: NONE

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated industries 

or trade groups: (+)

Unable to 

estimate

E. On other industries or 

trade groups: NONE

F. Direct and indirect 

effects on public: NONE

III. Assumptions. (Identified by Impact Letter and Number from 

Section II.)

D. EPA stated that this rule will ―relieve the necessary analysis 

and corresponding workload requirements for most affected facilities, 

including small businesses, subject to the PSD and Title V 

programs.‖ (76:43505)

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small 

businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

The Department of the Environment will hold a public hearing on 

the proposed action on January 11, 2012 at 10 a.m. at the Department 

of the Environment, 1800 Washington Boulevard, 1st Floor 

Conference Rooms, Baltimore, Maryland 21230-1720. Interested 

persons are invited to attend and express their views. Comments may 

be sent to Deborah Rabin, Regulations Coordinator, Air and 

Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or emailed to drabin@mde.state.md.us. 

Comments must be received not later than January 11, 2012 or be 

submitted at the hearing. For more information, call Deborah Rabin 

at (410) 537-3240.

Copies of the proposed action and supporting documents are 

available for review at the following locations: The Air and Radiation 

Management Administration; regional offices of the Department in 

Cumberland and Salisbury; all local air quality control offices; and 

local health departments in those counties not having separate air 

quality control offices.

Anyone needing special accommodations at the public hearing 

should contact the Department‘s Fair Practices Office at (410) 537-

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258.

26.11.01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.01 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(1) — (6) (text unchanged)

(6-1) CO2 Equivalent Emissions (CO2e). 

(a) (text unchanged)

(b) ―CO2 equivalent emissions (CO2e)‖shall be computed as 

follows: 

(i) [Multiply] Except as stated in §B(6-1)(b)(iii) of this 

regulation, multiply the mass amount of emissions (tpy), for each of 

the six greenhouse gases in the pollutant GHGs, by the gas‘s 

associated global warming potential published at Table A–1 to 

Subpart A of 40 CFR Part 98 —Global Warming Potentials (74 FR 

56395); [and]

(ii) Sum the resultant values from §B(6-1)(b)(i) of this 

regulation for each gas to compute a tpy CO2e; and

(iii) Prior to July 21, 2014, the mass of the greenhouse 

gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of nonfossilized and 

biodegradable organic material originating from plants, animals, or 

micro-organisms (including products, by-products, residues and 

waste from agriculture, forestry and related industries as well as the 

nonfossilized and biodegradable organic fractions of industrial and 

municipal wastes, including gases and liquids recovered from the 

decomposition of nonfossilized and biodegradable organic material).

(6-2) — (36) (text unchanged)

(37) ―Prevention of Significant Deterioration (PSD) source‖

means any new or modified source subject to the provisions of 40 

CFR §52.21, as published in the 2009 edition, as amended by the 

―Prevention of Significant Deterioration and Title V Greenhouse Gas 

Tailoring Rule‖ (75 FR 31514) and the ―Deferral for CO2 Emissions 

from Bioenergy and Other Biogenic Sources under the Prevention of 

Significant Deterioration and Title V Programs‖(76 FR 43490), 

including: 

(a) — (d) (text unchanged)

(38) — (53) (text unchanged)

C. — D. (text unchanged)
PROPOSED ACTION ON REGULATIONS

1647

MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

26.11.02 Permits, Approvals, and Registration 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 2-401, 2-403, and 2-404, Annotated Code of Maryland 

.01 Definitions. 

A. (text unchanged)

B. Terms Defined. 

(1) — (43) (text unchanged)

(44) ―Regulated air pollutant‖ means the following: 

(a) — (e) (text unchanged)

(f) A greenhouse gas (GHG) as defined in COMAR 

26.11.01.01B(18-1) and subject to regulation under the ―Prevention 

of Significant Deterioration and Title V Greenhouse Gas Tailoring 

Rule‖ (75 FR 31514) and the ―Deferral for CO2 Emissions from 

Bioenergy and Other Biogenic Sources under the Prevention of 

Significant Deterioration and Title V Programs‖ (76 FR 43490).

(45) — (56) (text unchanged)

C. Major Source. 

(1) ―Major source‖ means a stationary source or group of 

stationary sources that are located on one or more contiguous or 

adjacent properties, and are under common control of the same 

person, or persons under common control, belonging to a single 

major industrial grouping and that is described as follows: 

(a) — (c) (text unchanged)

(d) A GHG source shall not be considered a major stationary 

source of any GHG under §C(1)(b) of this regulation unless it is 

subject to regulation under paragraphs (1) and (2) of the definition of 

―Subject to regulation‖ in 40 CFR 70.2, as amended by ―Prevention 

of Significant Deterioration and Title V Greenhouse Gas Tailoring 

Rule‖ (75 FR 31514) and the ―Deferral for CO2 Emissions from 

Bioenergy and Other Biogenic Sources under the Prevention of 

Significant Deterioration and Title V Programs‖ (76 FR 43490).

(2) — (3) (text unchanged)

26.11.06 General Emission Standards, 

Prohibitions, and Restrictions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.14 Control of PSD Sources. 

A. (text unchanged)

B. General Requirements. 

(1) A person may not construct, modify, or operate, or cause to 

be constructed, modified, or operated, a Prevention of Significant 

Deterioration (PSD) source, as defined in COMAR 

26.11.01.01B(37), which will result in violation of any provision of 

40 CFR §52.21, as published in the 2009 edition, as amended by the 

―Prevention of Significant Deterioration and Title V Greenhouse Gas 

Tailoring Rule‖ (75 FR 31514) and the ―Deferral for CO2 Emissions 

from Bioenergy and Other Biogenic Sources under the Prevention of 

Significant Deterioration and Title V Programs‖ (76 FR 43490).

(2) (text unchanged)

ROBERT M. SUMMERS, Ph.D

Secretary of the Environment

Subtitle 11 AIR QUALITY

Notice of Proposed Action

[11-346-P]

The Secretary of the Environment proposes to amend:

(1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulation .12 under COMAR 26.11.06 General Emission 

Standards, Prohibitions, and Restrictions. 

Statement of Purpose

The purpose of this action is to:

(1) Update the definition of National Emission Standards for 

Hazardous Air Pollutants source (NESHAP source) under COMAR 

26.11.01B(21)(b);

(2) Update the definition of New Source Performance Standard 

source (NSPS source) under COMAR 26.11.01B(23); and 

(3) Update a cross reference to the NSPS definition in COMAR 

26.11.06.12. 

The definitions are being updated by directly incorporating by 

reference the federal definitions under 40 CFR Parts 63 and 60, as 

amended, respectively. This action removes the NESHAP and NSPS 

industrial category/sector lists under 26.11.01.01C and D and instead 

directly references the industrial category/sector standards under 40 

CFR Parts 63 and 60. 

Background

Under the Clean Air Act, standards are required to be established 

for substances and chemical groups that have been identified as 

hazardous air pollutants (HAPs). 

Section 112 of the Clean Air Act sets the requirements for the 

federal control program for HAPs. NESHAPs are issued to set 

specific standards for HAPs from industrial sectors. These standards 

represent the maximum available control technology (MACT) or, in 

the case of some standards for area sources, the generally achievable 

control technology (GACT), that the sector could achieve. The level 

of emission controls required by NESHAPs is technology based. 

NESHAPs are regularly reviewed and revised by EPA and states take 

delegation to enforce the standards. 

NSPS are required under Section 111 of the Clean Air Act. These 

standards are technology based and apply to specific categories of 

stationary sources identified in 40 CFR Part 60. The NSPS apply to 

new, modified and reconstructed facilities in specific source 

categories. The NSPS are developed and implemented by EPA and 

states take delegation to enforce the standards. EPA retains authority 

to implement and enforce the NSPS.

Sources Affected and Location 

The proposed amendments apply to all sources affected by the 

federal NESHAP and NSPS requirements. 

Requirements

The proposed amendments clarify the definitions of NESHAP and 

NSPS source as follows: 

(1) NESHAP source: A source which is subject to the 

provisions of 40 CFR Part 63, as amended including Subpart B 

requirements for control technology determinations for major sources 

in accordance with Clean Air Act Sections 112(g) and (j); and 

(2) NSPS source: A source which is subject to 40 CFR Part 60, 

as amended. 

Expected Emissions Reductions

Emissions of HAPs are reduced as a result of implementing the 

NESHAP standards. Implementation of NSPS standards 

predominantly results in reduction of criteria pollutants. As EPA adds 
FINAL ACTION ON REGULATIONS

339

MARYLAND REGISTER, VOLUME 39, ISSUE 4, FRIDAY, FEBRUARY 24, 2012

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT

Subtitle 11 AIR QUALITY

Notice of Final Action

[11-347-F] 

On February 1, 2012, the Secretary of the Environment adopted 

amendments to:

(1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions; 

(2) Regulation .01 under COMAR 26.11.02 Permits, 

Approvals, and Registration; and 

(3) Regulation .14 under COMAR 26.11.06 General 

Emissions Standards, Prohibitions, and Restrictions. 

This action, which was proposed for adoption in 38:25 Md. R. 

1645 — 1647 (December 2, 2011), has been adopted as proposed. 

Effective Date: March 5, 2012.

ROBERT M. SUMMERS, Ph.D.

Secretary of the Environment

Subtitle 11 AIR QUALITY

Notice of Final Action

[11-346-F] 

On February 9, 2012, the Secretary of the Environment adopted 

amendments to:

(1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions; and

(2) Regulation .12 under COMAR 26.11.06 General Emission 

Standards, Prohibitions, and Restrictions. 

This action, which was proposed for adoption in 38:25 Md. R. 

1647—1648 (December 2, 2011), has been adopted as proposed. 

Effective Date: March 5, 2012.

ROBERT M. SUMMERS, Ph.D

Secretary of the Environment

Subtitle 11 AIR QUALITY

Notice of Final Action

[11-348-F] 

On February 9, 2012, the Secretary of the Environment adopted 

amendments to:

(1) Regulation .04 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulation .02 under COMAR 26.11.19 Volatile Organic 

Compounds from Specific Processes. 

This action, which was proposed for adoption in 38:25 Md. R. 

1648—1650 (December 2, 2011), has been adopted as proposed. 

Effective Date: March 5, 2012.

ROBERT M. SUMMERS, Ph.D.

Secretary of the Environment

Title 27 

CRITICAL AREA 

COMMISSION FOR THE 

CHESAPEAKE AND 

ATLANTIC COASTAL BAYS

Subtitle 01 CRITERIA FOR LOCAL 

CRITICAL AREA PROGRAM 

DEVELOPMENT

Notice of Final Action

[11-364-F] 

On February 1, 2012, the Critical Area Commission for the 

Chesapeake and Atlantic Coastal Bays adopted:

(1) Amendments to Regulation .01 under COMAR 27.01.01 

General Provisions; and 

(2) Amendments to Regulations .01 — .01-3, new Regulation 

.01-4, and the recodification of existing Regulations .01-4 — .01-7 to 

be Regulations .01-5 — .01-8 under COMAR 27.01.09 Habitat 

Protection Areas in the Critical Area.

This action, which was proposed for adoption in 38:26 Md. R. 

1740—1746 (December 16, 2011), has been adopted with the 

nonsubstantive changes shown below. 

Effective Date: March 5, 2012.

Attorney General’s Certification 

In accordance with State Government Article, §10-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows:

As originally proposed COMAR 27.01.01.01 and COMAR 

27.01.09.01 to .01-4 were provisions to amend the Buffer regulations 

adopted in March 2010. The proposed amendments were made 

primarily to make adjustments to mitigation requirements that allow 

for greater flexibility and decrease costs. During the past year, 

Commission staff has received comments from individuals and local 

governments concerning the proposed amendments. In addition, 

during the official public comment period, the Commission received 

two comments from local jurisdictions. All comments were discussed 

with each jurisdiction.

Therefore, the Critical Area Commission has decided to change 

the regulations as proposed with seven nonsubstantive changes which 

clarify definitions; delete language to buffer establishment; clarify 

mitigation and planting standards and reword to clarify buffer 

management plans. All of these changes are clarifying and none of 

these changes is substantive. Furthermore, the changes are less 

restrictive than originally proposed.

Specifically, the nature of the changes and the basis for the above 

conclusion is as follows:

COMAR 27.01.09.01B(14-1): Added language to clarify “septic 

systems in a forest or developed woodland on a lot created before 

local program approval, if clearing is required”. This provision is 

included under the list for permanent disturbance and already appears 

under the definition of “temporary disturbance” as an example of 

what is not a temporary disturbance.

COMAR 27.01.09.01B(18-2): Added language to clarify “locating 

septic system on a lot created before local program approval if the 

septic system is located in existing grass or clearing is not required”.

This provision is included under the list for temporary disturbance
Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the Public Hearing 

Relating to Amendments to implement EPA's Biogenic Deferral Rule 

held on January 11, 2012 

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, 

40 CFR Section 70.4, 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 10-101. 

Notice of this hearing appeared in the: 

Maryland Register on December 2, 2011; and 

MDE's website from December 8, 2011 through January 12, 2012. 

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 implement the requirements of EPA's Biogenic Deferral Rule. 

Summary 

The purpose of this action is to implement the U. S. Environmental Protection Agency’s 

(“EPA”) action to defer, for a period of three years, the Prevention of Significant Deterioration 

(PSD) and Title V permitting requirements related to carbon dioxide (CO2) emissions from 

bioenergy and other biogenic stationary sources (biogenic CO2). The EPA Rule "Deferral for 

CO2 Emissions from Bioenergy and Other Biogenic Sources under the Prevention of Significant 

Deterioration and Title V Programs"(76 FR 43490) (“Deferral Rule”) was published on July 20, 

2011 and became effective that day. The Rule amended the “Prevention of Significant 

Deterioration and Title V Greenhouse Gas Tailoring Rule” (75 FR 31514) published in the 

Federal Register on June 3, 2010. 

During the three year deferral period, EPA will conduct a detailed examination of the science 

associated with biogenic CO2 emissions from stationary sources. This study will consider 

1 
technical issues that EPA must resolve in order to account for biogenic CO2 emissions in ways 

that are scientifically sound and also manageable in practice. 

The appropriate parts of this action will be submitted to EPA for approval as part of Maryland's 

State Implemenation Plan and Title V Program. The Department will request approval of the 

regulations in their entirety. 

Biogenic CO2 emissions

Biogenic CO2 emissions are defined as emissions of CO2 from a stationary source directly 

resulting from the combustion or decomposition of biologically-based materials other than fossil 

fuels and mineral sources of carbon. Examples include, but are not limited to: 

• CO2 generated from the biological decomposition of waste in landfills, wastewater treatment or 

manure management processes; 

• CO2 from the combustion of biogas collected from biological decomposition of waste in 

landfills, wastewater treatment or manure management processes; 

• CO2 from fermentation during ethanol production; 

• CO2 from combustion of the biological fraction of municipal solid waste or biosolids; 

• CO2 from combustion of the biological fraction of tire-derived fuel; and 

• CO2 derived from combustion of biological material, including all types of wood and wood 

waste, forest residue, and agricultural material. 

Explanation of Specific Amendments

The following regulations have been amended to implement EPA's Deferral Rule: 

1. COMAR 26.11.01.01B(6-1) – the CO2 equivalent emissions (CO2e) calculation procedure was 

amended to defer, for a period of three years, the inclusion of biogenic CO2 in the mass amount 

of emissions for CO2. 

2. COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 - The citations to 40 CFR 52.21 in the 

definition of “PSD Source” and in the general requirements for PSD sources have been updated 

to include a reference to EPA’s Deferral Rule. 

3. COMAR 26.11.02.01B(44) – the definition of "Regulated air pollutant" was amended to 

include the deferral of requirements related to carbon dioxide (CO2) emissions from biogenic 

CO2 under EPA’s Deferral Rule. 

4. COMAR 26.11.02.01C(1) - the definition of "Major source" has been amended to update the 

citation to 40 CFR 70.2 to include a reference to EPA’s Deferral Rule. 

2 
3 

Sources Affected

Stationary sources that emit CO2 directly resulting from the combustion or decomposition of 

biologically-based materials other than fossil fuels and mineral sources of carbon. 

Emissions Reductions Expected from this Action

None. EPA's three year deferral was implemented to provide time for EPA to account for 

biogenic CO2 emissions in ways that are scientifically sound and also manageable in practice. 

Consideration of Comments 

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

amendments. 
1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 

2 AIR AND RADIATION MANAGEMENT ADMIN STRATION 

3 

4 

5 PUBLIC HEARING 

6 CONCERNING AMENDMENTS TO IMPLEMENT EPA'S BIOGENIC 

7 DEFERRAL RULE 

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13 hearing in the above matter commenced on 

14 Wedne , January 11, 2012, at the MDE ers, 

15 Montgome Park, 1800 Washington Boulevard, Baltimore, 

16 Maryland. 

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18 BEFORE: KATHLEEN PERRY, Hearing Officer 

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20 Report by: Linda Metcalf 

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ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 

KATHLEEN PERRY 

Legislat 

Regulation Devel sion 

Air and Radiation Mana Administration 

Maryland Department of the ronment 

1800 Washington , Suite 730 

Baltimore, Maryland 21230 

DEBORAH RABIN 

Regulations 

Regulation Development sion 

Air and Radiation Management stration 

Maryland Department of the ronment 

1800 Washington Boulevard, Suite 730 

Baltimore, Maryland 21230 

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1 I N D E X 

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5 Deborah Rabin 5 

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P R O C E E DIN G S 

MS. PERRY: Good morning. On behalf 

Department of the Environment the Air and Radiat 

Management Administration, I would like to welcome you to 

this publ 

My name is Kathleen Perry and I am the 

Legislative Coordinator for the r and Radiation 

Management Administration. I will serve as hea 

officer for today's hearing. 

I would like to ask all of you in attendance 

today to p se sign in, if you haven't already done so. 

This will he us to keep an accurate record of the 

people who rticipate in the Also, copies 

our regulat proposal, support documents, and 

Department's statement are avail e on the table 

your information. 

This hearing concerns regulations found in the 

Code of Maryland Regulations, le 26, Subtit 11, r 

Quality. Secretary of the Department proposes to 

amend: ( 1) ation . 01 under COMAR 26. 11. 0 1, 

Administrat Provisions; (2) ation . 01 under COMAR 

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26.11. 0 2, Permits, Approvals, and Registration; and (3) 

Regulation . 14 under COMAR 26.11.06, General Emission 

Standards, Prohibitions, and Restrict 

The purpose of this hearing is to give you 

opportunity to comment on this action. 

The Opportuni for Public Comment for this 

proposed action appeared the Maryland ster, Volume 

38, Issue 2 5, Page 1646 on December 2, 20 11. 

The hearing will proceed in following 

order. , Deborah will make a statement on 

behalf the Air and ation Management 

Administration. After Ms. Rabin is finished, I will call 

on any ected official or government of cial who wants 

to ma a statement. , I will call upon anyone else 

who cated on the s sheet that or she would 

like to make a statement. 

When giving your statement, please identify 

yours f and your affil ion, and give your statement 

loudly clearly. Are there any quest 

I will now calI on Ms. Rabin. 

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Management Administration 

Department of the Environment 

for the Public Hearing 

Relating to Amendments to �plement EPA's 

B iogenic Deferral Rule 

held on January 11, 2012 

B al t�ore, MD 

My name is Deborah Rabin. I am the ions 

Coordinator the Air and Radiation Management 

Administrat , Department of the Environment. 

s public hearing is being held uant to 

the requirements 40 CFR Section 51.102, 40 CFR Section 

70.4, and 2 301 et. seq. of the ronment 

Article, 

held in 

Code of Maryland. It is also 

with the State Administrat 

Procedures Act under the State Government Art 

beginning at Section 10-101. 

Notice of this hearing appeared 

Maryland ster on December 2, 2011; and on MOE's 

ing 

website December 8, 2011 through January 12, 2012. 

of these notices were submitt the 

record. 

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1 Copies of this proposed action and ing 

2 documents were made available for review by State 

3 nghouse and are also submitted at this t 

4 the hearing record. were also made for 

5 public inspection at r and Radiation Management 

6 Administration offices imore, Cumberland, 

7 Salisbury, and at all local health departments or local 

8 r quality control offices. 

9 The purpose today's hearing is to the 

10 public an opportunity to comment on the proposed 

11 amendments to implement the requirements of EPA's 

12 c Deferral Rule. 

13 Sum

ary 

14 The purpose of this action is to implement the 

15 u. S. Environmental Protection Agency's ("EPA") action to 

16 fer, for a period of three years, the Prevention of 

17 ficant Deteriorat (PSD) and Title V permitting 

18 requirements related to dioxide (C02) emiss 

19 from bioenergy and other ic stationary sources 

20 (biogenic C02). The EPA entitled "Deferral of C02 

21 ssions from Bioenergy and Other Biogenic Sources 

22 the Prevention of Significant Deterioration and T V 

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Programs If (76 FR 43490) ("Deferral Rule") was published 

on July 20, 2011 and became effective that day. The Rule 

amended the "Prevention of Significant Dete ion and 

Title V Gas Tailoring Rule" (75 FR 31514) 

published in Federal Register on June 3, 2010. 

the three year deferral iod, EPA will 

conduct a det led examination of the science associated 

with biogenic C02 emissions from stat sources. 

This study will consider the technical issues EPA 

must order to account for biogenic C02 

emissions in that are scientifically sound and also 

manageable ice. 

appropriate parts of this action will be 

submitted to EPA r approval as part of 's State 

Implementat Plan and Title V Program. Department 

will request 1 of the regulations in their 

entirety. 

ssions are defined as ss 

of C02 from a stat source directly resul 

the combust or decomposition of biogenical sed 

materials other fossil fuels and mineral sources of 

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carbon. Examples include, but are not limited to: 

• C02 generated from the ogical decomposition of 

waste landfills, wastewater treatment or manure 

management processes; 

• C02 from the combustion of biogas collected 

bioI cal decomposition of waste in landfills, 

wastewater treatment or manure management processes; 

• C02 from fermentation ethanol production; 

• C02 from combustion of biological fraction of 

munic solid waste or biosol ; 

• combustion of ological fraction 

tire ived fuel; and 

• C02 derived from combustion biological mater I, 

including all types of wood and wood waste, forest 

res , and agricultural mate 

The following ations have been amended to 

implement EPA's Deferral Rule: 

1. COMAR 26.11.01. 01B (6-1) C02 equivalent 

emiss s (C02e) calculation procedure was amended to 

de a period of three rs, the inclusion of 

biogenic C02 in the mass amount of emissions for C02. 

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2. COMAR 26. 11. 01.018(37) and COMAR 26. 11. 06. 14 - The 

c ations to 40 CFR 52. 21 in the definition of "PSD 

SourceU and in the ral requirements for PSD sources 

have been updated to a reference to EPA's 

Deferral Rule. 

10 

3. COMAR 26. 11.02. 01B(44) - the definition of "Regulated 

a pollutant" was amended to lude the deferral of 

requirements related to carbon dioxide (C02) emissions 

from biogenic C02 under EPA's Deferral Rule. 

4. COMAR 26. 11. 02. 01C(1) definition of "Major 

source" has been amended to update the citation to 40 CFR 

70. 2 to include a re to EPA's Deferral Rule. 

Sources Affected 

Stationary sources that emit C02 directly 

resulting from the combustion or decomposition of 

biogenically-based mater Is other than fossil Is 

mineral sources of carbon are affected by this rule. 

Emissions Reductions Expected from this Action 

No emission 

action. EPA's three 

ions are expected from 

deferral was implemented to 

provide time for EPA to account for biogenic C02 

s 

emissions in ways that are s entifically sound and also 

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1 manageable in practice. 

2 Consideration of Comments 

3 The Department will cons all comments 

4 before making a decision to adopt se amendments. 

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6 MS. PERRY: Thank you, Ms. Rabin. 

7 Are there any comments? 

8 Let the record re no one has chosen 

9 to comment on this regulation. s 1 conclude the 

10 public hearing regarding amendments to implement 

11 EPA's Biogenic Deferral Rule. 

Let the record re is now 10: 38 and 

13 this hearing is officially conc 

14 (Whereupon, the hearing was concluded.) 

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3 If Linda Metcalf, do hereby certi the 

4 foregoing transcript was reduced to typewrit a 

5 audiotapes recorded by me; that I am neither counsel 

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

7 case in which these ngs were transcribed; t I 

8 am not a relative or employee of any attorney or couns 

9 employed by the parties , nor financially or 

10 otherwise interested outcome of the action. 

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16 LINDA METCALF 

17 Court Reporter 

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Debbie Rabin - Title 26, C02 emissions! 

From: "Shirodkar, Nikhil" <nShirod@wsscwater.com> 

To: <drabin@mde.state.md.us> 

Date: 1/5/2012 10:59 AM 

Subject: Title 26, C02 emissions! 

Deborah, 

Page 1 of 1 

My name is Nick Shirodkar, I am an engineer with the Washington Suburban Sanitary Commission at their 

Western Branch WWTP, which has two multiple hearth sludge incinerators. I am writing to express my interest in 

attending the public hearing on January 11, 2012. 

I also have a question: The CAA 129 rules are regulating 9 pollutants with limits that will require control 

equipment to achieve emission limits ( carbon dioxide is not one of them). What is the intent of this carbon 

dioxide ruling, and what kind of emission control equipment is the EPA recommending? Example, for Calendar 

year 2010 in the Greenhouse Gas Emissions certification, we reported 12, 344 tons of CO-2 emitted. Expecting 

us to capture/ scrub all that CO-2 will be a financially impossible. As it is we are estimating to spend roughly $ 

12.0 million in equipment upgrade to keep up with the CAA 129 ruling. 

Thanks - Nick 

301-206-7552 

Nikhil M. Shirodkar 

Plant Engineering Supervisor 

Washington Suburban Sanitary Commission 

Western Branch WWTP 

file:IIC:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4F0582AOMDED... 115/2012 
DEPARTMENT OF THE ENVIRONMENT 

AIR AND RADIATION MANAGEMENT ADMINISTRATION 

RESPONSE TO COMMENTS 

for the 

PUBLIC HEARING held on January 11, 2012 

in BALTIMORE, MD 

Purpose of the Hearing: To allow for public comment on the Department's proposal to adopt 

amendments to: 

Regulation .01 under COMAR 26.11.01 General Administrative Provisions, 

Regulation .01 under COMAR 26.11.02 Permits, Approvals, and Registration; and 

Regulation .14 under COMAR 26.11.06 General Emissions Standards, Prohibitions, and 

Restrictions. 

These amendments will implement EPA's regulatory action to defer, for a period of three years, 

the Prevention of Significant Deterioration (PSD) and Title V permitting requirements related to 

carbon dioxide (C02) emissions from bioenergy and other biogenic stationary sources (biogenic 

CO2). The EPA Rule "Deferral for C02 Emissions from Bioenergy and Other Biogenic Sources 

under the Prevention of Significant Deterioration and Title V Programs was published on July 

20, 2011 and became effective that day. The Rule amended the "Prevention of Significant 

Deterioration and Title V Greenhouse Gas Tailoring Rule" published in the Federal Register on 

June 3, 2010. 

Date and Location: The public hearing was held on January 11, 2012 at the Department of the 

Environment, 1800 Washington Boulevard, 1 st Floor Conference Room, Baltimore, Maryland 

21230. 

Hearing Officer: Kathleen Perry, Legislative Coordinator for the Air and Radiation Management 

Administration, served as Hearing Officer. 

Attendance: Nick Shirodkar, an engineer with the Washington Suburban Sanitary Commission 

at their Western Branch WWTP, attended the public hearing. 

Statement: The Department's statement was submitted into the record by Deborah Rabin, 

Regulations Coordinator for the Air and Radiation Management Administration. 

Comments and Responses: The comments received by the Department during the 30-day comment 

period that relate to the proposed action have been sumarized and the Department's responses are 

given below. 

1 
COMMENT: The CAA 129 rules are regulating 9 pollutants with limits that will require 

control equipment to achieve emission limits ( carbon dioxide is not one of them). What is the 

intent of this carbon dioxide ruling, and what kind of emission control equipment is the EPA 

recommending? Example, for Calendar year 2010 in the Greenhouse Gas Emissions 

certification, we reported 12, 344 tons of CO-2 emitted. Expecting us to capture! scrub all that 

CO-2 will be a financially impossible. As it is we are estimating to spend roughly $ 12.0 million 

in equipment upgrade to keep up with the CAA 129 ruling. 

RESPONSE: On April 2, 2007, the Supreme Court found that GHGs, including carbon 

dioxide, are air pollutants covered by the CAA. Massachusetts v. EPA, 549 U.S. 497 (2007). 

This meant that all sources with emissions greater than 250 tons of greenhouse gas (GHG) 

emissions would need a permit. To avoid small sources having to deal with this burden, EPA 

drafted the Tailoring Rule raising the threshold of how much GHG a source needed to emit 

before being required to obtain a permit. 

The ultimate goal is to reduce emissions of GHG. One way to reduce GHG emissions is to use a 

biofuel, such as wood. Wood, however, still emits C02 when burned. The question raised to 

EPA was whether to count those CO2 emissions from biofuels as part of meeting the threshold. 

EPA said they would address the question later. In EPA's "Deferral Rule", EPA states that it will 

defer the answer to that question for three years. 

At this time, EPA is working to define what control systems or techniques qualify as Best 

Available Control Technology (BACT) which is required on permitted sources. It may be add on 

controls, it could be an efficiency program. 

The purpose of this Maryland regulatory action is to make Maryland's regulations conform with 

federal GHG regulations regarding deferral of biogenic GHG emissions from Prevention of 

Significant Deterioration (PSD) and Title V air permitting regulations, for a period of three years. 

These Maryland amendments do not establish any emission limits or any requirements on 

sources, including Washington Suburban Sanitary Commission, to implement control measures 

for GHG emissions. 

There are, however, existing state and federal requirements regarding Title V and PSD permitting 

programs. 

Under existing state and federal requirements, as of July 1, 2011, existing sources that have the 

potential to emit over 100,000 tons of C02e are subject to Title V air operating permit 

requirements. The Title V program does not establish any new emission limitations, standards 

on a facility. There may, however, be additional record keeping, monitoring and reporting 

requirements. 

There are also existing state and federal PSD permitting requirements that apply to existing 

sources that make modifications to their facility which significantly increase GHG emissions. 

2 
(12/8/2011) Debbie -Rabin - NOTicE OF PUBLIC HEARINGS - Please Confirm Receipt 

From: 

To: 

CC: 

Date: 

Subject: 

Debbie Rabin 

All County Environmental Health Directors; All County Health Officers; ... 

Angelo Bianca; Tad Aburn 

12/8/2011 4: 12 PM 

NOTICE OF PUBUC HEARINGS - Please Confirm Receipt 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR a. RADIATION MANAGEMENT ADMINISTRATION 

NOTICE OF PUBUC HEARINGS 

The Maryland Department of the Environment gives notice of public hearings conceming proposed amendments to air quality 

regulations. The proposed actions are briefly described below: 

1. Proposal to amend Regulation .04 under COMAR 26.11.01 General Administrative Provisions, and Regulation .02 under COMAR 

. 26.11.19 Volatile Organic Compounds from Specific Processes . 

. The purpose of this action is to adopt the requirements of the Environmental Protection Agency's (EPA's) Control Techniques 

Guidelines (CTG) standards regarding work practice standards and apply them to a variety of CTG regulations under COMAR 

26.11.19. This action will be submitted to the EPA for approval as part of Maryland's State Implementation Plan (SIP). 

2. Proposal to amend Regulation .01 under COMAR 26.11.01 General Administrative ProviSions, Regulation .01 under COMAR 

26.11.02 Permits, Approvals, and Registration, and Regulation .14 under COMAR 26.11.06 General Emissions Standards, 

Prohibitions, and Restrictions. 

The purpose of this action is to implement EPA's action to defer, for a period of three years, the Prevention of Significant 

Deterioration (PSD) and Title V permitting requirements related to carbon dioxide (C02) emissions from bioenergy and other 

biogenic stationary sources (biogenic C02). This will allow EPA to resolve technical issues so that biogenic C02 can be accounted 

for properly. The appropriate parts of this action will be submitted to EPA for approval as part of Maryland's State Implementation 

Plan and Title V Program. The Department will request approval of the regulations in their entirety. 

3. Proposal to repeal existing Regulation .23 and adopt new Regulation .23 under COMAR 26.11.19 Volatile Organic Compounds 

from Specific Processes. 

. . 

The purpose of this action is to establish operating standards for vehicle refinishing facilities in Maryland. The regulation establishes 

VOC content limits for coatings and solvents used during the preparation, application, and drying phases of vehicle refinishing, 

coating application standards, work practices standards, and monitoring and recordkeeping standards. This action will be submitted 

to the EPA for approval as part of Maryland's SIP. 

4. Proposal to amend Regulation .01 under CO MAR 26.11.01 General Administrative Provisions, and Regulation .12 under COMAR 

26.11.06 General Emission Standards,Prohibitions, and Restrictions. 

. 

The purpose of this action is to (1) update the definition of National Emission Standards for Hazardous Air PollutantS source 

(NESHAP source) under COMAR 26.11.Q1B(21)(b), (2) update the definition of New Source Performance Standard source (NSPS 

source) under COMAR 26.11.01B(23), and (3) update a cross reference to the NSPS definition in COMAR 26.11.06.12. Maryland 

will be requesting delegation to implement and enforce the NESHAP and NSPS requirements specified in this action. 

5. Proposal to amend Regulations .01, .02, .08-1, and adopt new Regulation .08-2 under COMAR 26.11.08 Control of Incinerators. 

The purpose of this action is to adopt the requirements of the EPA's Emission Guidelines (EG) for hospital, medical, infectious and 

medical waste incinerators (HMIWI). This action will be submitted to the EPA for approval as a revision to Maryland's l11(d) Plan. 

The full text of these proposed actions appeared in the Maryland Register on December 2, 2011. 

The technical support documents (TSDs) are available for public review on the Maryland Department of the Environment's website 

at the following address: http://ww

.mde.state.md.us/aboutmde/pages/regcomments.aspx 

The proposed action and supporting documents are also available for review at the following locations: the Air and Radiation 

Management Administration; regional offices of the Department in Cumberland and Salisbury; all local air quality control offices; and 

local health departments in those counties not having separate air quality control offices, 

Please make these materials available in your office for public review. 

A public hearing on the proposed actions will be held on January 11, 2012 at 10 a.m. at the Department of the Environment, 

1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. 

Interested persons are invited to attend and express their views. Comments may be mailed to Deborah Rabin, Regulations 

Coordinator, Air and Radiation Management Administration, Department of the Environment, 1800 Washington Boulevard, Suite· 

730, Baltimore, Maryland 21230-1720, or emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223. Comments must be 

received not later than 

January 11, 2012, or be submitted at the hearing. For more information, call Deborah Rabin at (410) 537-3240. 

Page 1 
12/8/2011) Debbie Rabin - NOTICE OF PUBLIC HEARINGS - Please Confirm Receipt 

From: 

To: 

CC: 

Date: 

Subject: 

Debbie Rabin 

Ali Mirzakhalili; Cecily Beall; Diana Esher; John Benedict; Joyce Ep ... 

Angelo Bianca; Chris Cripps; Hal Frankford; Kathleen Cox; Marcia Spi .. . 

12/8/2011 4:08 PM 

NOTICE OF PUBUC HEARINGS - Please Confirm Receipt 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR a. RADIATION MANAGEMENT ADMINISTRATION 

NOTICE OF PUBLIC HEARINGS 

The Maryland Department of the Environment gives notice of public hearings concerning proposed amendments to air quality 

regulations. The proposed actions are briefly described below: 

1. Proposal to amend Regulation .04 under COMAR 26.11.01 General Administrative Provisions, and Regulation .02 under COMAR 

26.11.19 Volatile OrganiC Compounds from Specific Processes. 

The purpose of this action is to adopt the requirements of the Environmental Protection Agency's (EPA's) Control Techniques 

Guidelines (CTG) standards regarding work practice standards and apply them to a variety of CTG regulations under COMAR 

26.11.19. This action will be submitted to the EPA for approval as part of Maryland's State Implementation Plan (SIP). 

2. Proposal to amend Regulation .01 under COMAR 26.11.01 General Administrative Provisions, Regulation .01 under COMAR 

26.11.02 Permits, Approvals, and Registration, and Regulation .14 under COMAR 26.11.06 General Emissions Standards, 

Prohibitions, and Restrictions. 

The purpose of this action is to implement EPA's action to defer, for a period of three years, the Prevention of Significant 

Deterioration (PSD) and Title V permitting requirements related to carbon dioxide (C02) emissions from bioenergy and other 

biogenic stationary sources (biogenic C02). This will allow EPA to resolve technical issues so that biogenic C02 can be accounted 

for properly. The appropriate parts of this action will be submitted to EPA for approval as part of Maryland's State Implementation 

Plan and Title V Prograni. The Department will request approval of the regulations in their entirety. 

3. Proposal to repeal existing Regulation .23 and adopt new Regulation .23 under COMAR 26.11.19 Volatile Organic Compounds 

from Specific Processes. 

The purpose of this action is to establish operating standards for vehicle refinishing facilities in Maryland. The regulation establishes 

VOC content limits for coatings and solvents used during the preparation, application, and drying phases of vehicle refinishing, 

coating application standards, work practices standards, and monitoring and record keeping standards. This action will be submitted 

to the EPA for approval as part of Maryland's SIP. 

4. Proposal to amend Regulation .01 under COMAR 26.11.01 General Administrative Provisions, and Regulation .12 under COMAR 

26.11.06 General Emission Standards, Prohibitions, and Restrictions. 

The purpose of this action is to (1) update the definition of National Emission Standards for Hazardous Air Pollutants source 

(NESHAP source) under COMAR 26.11.01B(21)(b), (2) update the definition of New Source Performance Standard source (NSPS 

source) under COMAR 26.11.01B(23), and (3) update a cross reference to the NSPS definition in COMAR 26.11.06.12. Maryland 

will be requesting delegation to, implement and enforce the NESHAP and NSPS requirements speCified in this action. 

5. Proposal to amend Regulations .01, .02, .08-1, and adopt new Regulation .08-2 under COMAR 26.11.08 Control of Incinerators. 

The purpose of this action is to adopt the requirements of the EPA's Emission Guidelines (EG) for hospital, medical, infectious and 

medical waste incinerators (HMIWI). This action will be submitted to the EPA for approval as a revision to Maryland's 111(d) Plan. 

The full text of these proposed actions appeared in the Marvland Register on December 2, 2011. 

The technical support documents (TSDs) are available for public review on the Maryland Department of the Environment's website 

at the following address: http://www.mde.state.md.us/aboutmde/pages/regcomments.aspx 

The proposed action and supporting documents are also available for review at the following locations: the Air and Radiation 

Management Administration; regional offices of the Department in Cumberland and Salisbury; all local air quality control offices; and 

local health departments in those counties not having separate air quality control offices. 

' 

A public hearing on the proposed actions will be held on January 11, 2012 at 

10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 

21230-1720. 

Interested persons are invited to attend and express their views. Comments may be mailed to Deborah Rabin, Regulations 

Coordinator, Air and Radiation Management Administration, Department of the Environment, 1800 Washington Boulevard, Suite , 

730, Baltimore, Maryland 21230-1720, or emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223. Comments must be 

received not later than 

January 11, 2012, or be submitted at the hearing. For more information, call Deborah Rabin at (410) 537-3240. 

Page 1 
� 

I' 

" ? 

J I 'l' 

. r,,' tIC . 

1Hm1ill O'Mallq 

Gomm)I' 

AllthOI!) G. BI"OIIIII 

Lt. GOlJmlor 

i)l{mylancl Dejxlrtment ofPlcmning 

December 28, 2011 

Ms. Deborah Rabin 

Coordinator, Air & Radiation tvIanagement Administration 

wrarylnnd Depat1ment of the Environment 

Suite 730 

1800 Washington Boulevard 

Baltimore, tvID 21230 

STATE CLEARINGHOUSE REYIEW PROCES 

Stale Application Identifier: MD20111228-0908 

Ri(ht1rd EtmlJOI1 Hall 

Sf(I'ttmy 

MattlmJl J. POilltr 

Depllry S {crt/my 

Project Description: Proposed amendments to air·quality regulations: ctg on work·practice standards; HNfIWI; 

NESHAPfNSPS; vehicle refinishing; EPA Biogenic C02 DefelTal mle: Public Hearing on 1111/2012 

Pl'oject Location: Statewide 

Clearinghouse COli tact: Bob Rosenbush 

Dear Ms. Rabin: 

Thank you for submitting your project for intergovernmental review. Participation in the Maryland Intergovernmental Review 

and Coordination (MIRC) process helps ensure project consistency with plans, programs, and objectives of State agencies and 

local governments. 

Notice ofyollI' application is being provided to State and local public officials tlu'ough the Jllierr:overllmellia/IHolliior, which is a 

l!

database of projects received by the State Clearinghollse for Intergovernmental Assistance. This information may be viewed at 

annin2.maryland.gov/emircpublic/ . The project has been assigned a unique State Application Identifier that should be 

lIsed on all docllillents and correspondence. 

One form is enclosed with this letter. The "Project Status Form" should be completed and returned after you receive notice that 

your project was approved or disapproved. 

All MIRC requirements have been met in accordance with Code of Malyland Regulations (COMAR 34.02.01.04-.06) and this 

concludes the review process for the above referenced project. If you need assistance or have questions, contact the State 

Clearinghouse staff person noted above at 410-767 -4490 or through e-mail atbrosellbush@mdp.stnte.md.us. Thank you for 

your cooperation with the MIRC process. 

LC):BR 

Enclosure 

Sincerely, 

Linda C. Janey, J.D., Assistant Secretary 

cc: KalhlecLll3lilll:bury - U.S. EnviruLlmental Protection Ag�LlCy 

II-090B_OLRR.OTII.doc 

301 l!"rut Pl'utOIl Strut. SlIite 1101 • B(lltilJlorl, MlfIJ>/filu/21201.2305 

T{/�pho/U: 410.767.4500. Fox: 410.767.4480. Toll Fl'u: 1.877.767.6272 • T7Y UJiri: MI1I)'/fllld lVI(!>, 

IlItmlff: P/(l!lIIillg.M(//yl(/JulgolJ 
MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore MD 21230 

410-537-3000 • 1-800-633-6101 

 Robert M. Summers, Ph.D. Secretary 

 Recycled Paper www.mde.state.md.us TTY Users 1-800-735-2258 

 Via Maryland Relay Service 

 

Martin O’Malley 

Governor 

Anthony G. Brown 

Lieutenant Governor 

 December 9, 2011 

CERTIFICATE OF PUBLICATION 

This is to certify that the “Maryland Department of the Environment (MDE) Notice of Public Hearings 

Concerning Proposed Amendments to Air Quality Regulations” was published on MDE’s web site on 

December 8, 2011. It will remain posted on the site until at least January 12, 2012. The notice in full with 

links to supporting documents may be found in the following web address: 

http://www.mde.state.md.us/AboutMDE/pages/reqcomments.aspx

Web publication of the notice was at the request of Deborah Rabin, Regulations Coordinator of the Air and 

Radiation Management Administration of MDE. 

 By: 

 DIANA ALEGRE 

 MDE Webmaster 

 

Attachments: 

Copy of web page as published. 
MDE Request for Comments

http://www.mde.state.md.us/aboutmde/AboutMDEHome/Pages/aboutmde/reqcomments.aspx[12/9/2011 11:12:00 AM]

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The complete listing of MDE public meetings and hearings is posted in the MDE Calendar. Please call or email

contact person cited in the meeting details for any questions or to send a comment.

 Public Hearings Concerning Proposed Amendments To Air Quality Regulations

The Maryland Department of the Environment gives notice of public hearings concerning proposed amendments to air

quality regulations. The proposed actions are briefly described below:

1. Proposal to amend Regulation .04 under COMAR 26.11.01 General Administrative Provisions, and Regulation

.02 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.

The purpose of this action is to adopt the requirements of the Environmental Protection Agency's (EPA’s) Control

Techniques Guidelines (CTG) standards regarding work practice standards and apply them to a variety of CTG regulations

under COMAR 26.11.19. This action will be submitted to the EPA for approval as part of Maryland's State Implementation

Plan (SIP). (Techical Support Document)

2. Proposal to amend Regulation .01 under COMAR 26.11.01 General Administrative Provisions, Regulation .01

under COMAR 26.11.02 Permits, Approvals, and Registration, and Regulation .14 under COMAR 26.11.06 General

Emissions Standards, Prohibitions, and Restrictions.

The purpose of this action is to implement EPA's action to defer, for a period of three years, the Prevention of Significant

Deterioration (PSD) and Title V permitting requirements related to carbon dioxide (CO2) emissions from bioenergy and

other biogenic stationary sources (biogenic CO2). This will allow EPA to resolve technical issues so that biogenic CO2 can

be accounted for properly. The appropriate parts of this action will be submitted to EPA for approval as part of

Maryland's State Implementation Plan and Title V Program. The Department will request approval of the regulations in

their entirety. (Technical Support Document)

3. Proposal to repeal existing Regulation .23 and adopt new Regulation .23 under COMAR 26.11.19 Volatile Organic

Compounds from Specific Processes. (Technical Support Document)

The purpose of this action is to establish operating standards for vehicle refinishing facilities in Maryland. The regulation

establishes VOC content limits for coatings and solvents used during the preparation, application, and drying phases of

vehicle refinishing, coating application standards, work practices standards, and monitoring and recordkeeping standards.

This action will be submitted to the EPA for approval as part of Maryland's SIP.

4. Proposal to amend Regulation .01 under COMAR 26.11.01 General Administrative Provisions, and Regulation

.12 under COMAR 26.11.06 General Emission Standards, Prohibitions, and Restrictions.

The purpose of this action is to (1) update the definition of National Emission Standards for Hazardous Air Pollutants

source (NESHAP source) under COMAR 26.11.01B(21)(b), (2) update the definition of New Source Performance Standard

source (NSPS source) under COMAR 26.11.01B(23), and (3) update a cross reference to the NSPS definition in COMAR

26.11.06.12. Maryland will be requesting delegation to implement and enforce the NESHAP and NSPS requirements

specified in this action. (Technical Support Document)

5. Proposal to amend Regulations .01, .02, .08-1, and adopt new Regulation .08-2 under COMAR 26.11.08 Control

of Incinerators. The purpose of this action is to adopt the requirements of the EPA’s Emission Guidelines (EG) for

hospital, medical, infectious and medical waste incinerators (HMIWI). This action will be submitted to the EPA for

approval as a revision to Maryland's 111(d) Plan. (Technical Support Document)

The full text of these proposed actions appeared in the Maryland Register on December 2, 2011. 

The technical support documents (TSDs) are available for public review on the Maryland Department of the Environment's

website at the following address: http://www.mde.state.md.us/aboutmde/pages/reqcomments.aspx 

The proposed action and supporting documents are also available for review at the following locations: the Air and

Radiation Management Administration; regional offices of the Department in Cumberland and Salisbury; all local air quality

control offices; and local health departments in those counties not having separate air quality control offices.

A public hearing on the proposed actions will be held on January 11, 2012 at 

10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms,

Baltimore, Maryland 21230-1720.

Interested persons are invited to attend and express their views. Comments may be mailed to Deborah Rabin, Regulations

Coordinator, Air and Radiation Management Administration, Department of the Environment, 1800 Washington Boulevard,

Suite 730, Baltimore, Maryland 21230-1720, or emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223.

Comments must be received not later than January 11, 2012, or be submitted at the hearing. For more information, call

Deborah Rabin at (410) 537-3240.

Anyone needing special accommodations at a public hearing should contact the Department's Fair Practices Office at (410)

537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735-2258.

Maryland Department of the Environment Proposed Calendar Year 2012 Standard Permit

Application Turnaround Times.

Please click here for more information.

Acrobat® Reader is required to view and print the PDF files. If you do

not have it click on the icon to the right.

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