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Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the PubU&: HeariDg 

Relating to Proposed Minor AdmiDlstntlve Corrediona to the Department's Opaeity 

Regulationa that became efl'eetive on May 17, l010 

held on February 15, 2011 

Baltimore, MD 

My name is Diane Franks. I am the Program Manager 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 s·I.I 02 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, begiMing at Section 10-101. 

Notice of this hearing appeared in the: 

Maryland Register on January 14, 2011; 

MOE's website from January 11,2011 through February 16, 2011; 

Baltimore Sun on January 14, 2011; 

Washington Post on January 13, 2011; and the 

Sl Mary's Enterprise on January 14, 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 

minor administrative corrections to the Department's opacity regulations that became effective 

on May 17, 2010 

Summary 

The Department's opacity regulations include the general 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. 

The opacity regulations became effective on May 17,2010, but continued to reference Technical 

Memorandum 90-01 for quality assurance procedures. The regulations must be administratively 

complete before they are submitted to EPA to be included in the approved SIP and become 
federally enforceable. 

The opacity regulations are a first effort moving away from the Department's 

TM 90-01 that contains enforcement policies used to detennine compliance with visible 

emissions requirements for sources that use COMs. COMAR 26.11.09.05 was expanded to 

include specific compliance procedures as they apply to fuel burning equipment. Two other 

source categories that use COMs will be addressed in the future. The two categories are 

municipal waste combustors and Portland cement manufacturing plants. 

Sources Affected 

These amendments affect only owners of large fuel burning equipment required to install and 

operate COMs. 

Requirements 

These amendments are minor administrative corrections that are necessary before submitting the 

regulations to EPA. These amendments include: 

1. In CO MAR 26.11.01.10A(1)(e) and :1tA(l)(b), correct the size of a MWC required to install 

continuous monitors; 

2. In CO MAR 26.11 .0 1.1 OC(S), clarify that the QA/QC for COMs is now located in new 

COMAR 26.11.31; 

3. In CO MAR 26.11.01.11 8(3 ), clarify the pollutants to be continuously measured for MWCs, 

Kraft pulp mills, and fluidized bed combustors; 

4. In COMAR 26.11.09.05A(4)(d), correct the size of the low capacity factor units; 

5. In COMAR 26.11.09.05A(5) and (6), reinstate the paragraphs that were inadvertently omitted 

relating to the use of Method 9 observations and the impact of excess emissions on ambient air; 

and 

6. In CO MAR 26.11.09E, correct the references to reflect the relocation of this Section. 

Submission to EPA as Revision to Maryland's SIP 

This action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval 

as part of Maryland's State Implementation Plan. 

Economic Impact 

The proposed action has no economic impact. 

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0 Consideration of Comments 

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

amendments. 

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