Statementofthe Air and Radiation Management Administration Department oftheEnvironment for the Public Hearing Relating to Proposed new Regulations .01

- .12 under a new chapter, COMAR26.11.31 QualityAssurance Requirements for Continuous Opacity Monitors (COMs) held on February 15, 2011 Baltimore, MD My name is Deborah Rabin. I amthe Regulations Coordinator for the Air and Radiation ManagementAdministration, Department ofthe Environment. This public hearing is being heldpursuant to the requirements of40 CFR Section SI.I02 and Sections 2-30I et. seq. ofthe EnvironmentArticle, Annotated Code ofMaryland. Itis also being held in conformance with the State Administrative Procedures Act under the State Government Article, beginning at Section I0-I0I. Notice ofthis hearing appeared in the: Maryland Register onJanuary I4, 20I1; MDE's website from January 11, 2011 through February 16, 2011; Baltimore SunonJanuary I4, 201I; Washington Post onJanuary 13, 201I; and the St. Mary'sEnterprise on January 14, 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 or local air quality control offices. The purpose oftoday'shearing is to give the public an opportunity to comment on proposed new Regulations .01

- .12 under a new chapter, COMAR26.11.31 Quality Assurance Requirements for Continuous Opacity Monitors (COMs). Summary The purpose ofthis action is to: (1) Repeal the current regulations under CO MAR 26.11.3I to reflect the repeal ofthe Small Business Pollution Compliance Loan Fund effective October 1, 2009 (House Bill 1416); and



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### (2} Codify the quality assurance (QA} and quality control (QC) procedures for continuous opacity monitors (COMs)
. The procedures are currently contained in the Department's Technical Memorandum**90~0**1 

### (TM). This action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part ofMaryland's State Implementation Plan. Background: TM**90~0**1 

### was adopted in 1991 

### when continuous emissions monitoring requirements were first promulgated by the State. Those regulations were approved as part ofthe Department's continuous emission monitoring program by the EPA on February 28, 1996. 

### It is now necessary to promulgate a regulation codifying the QA and QC procedures found in the TM because the Department proposes to terminate its 

### use. Specifically, the QA and QC procedures for COMs which are currently applied through 

### use ofthe TM will be incorporated in this new chapter, COMAR 26
. 11
.31
. 

### These proposed regulations incorporate by reference the current federal performance and design specification requirements for the operation ofopacity monitoring systems. To the extent that the EPA adopts revised requirements in the future, the Department will review those federal procedures and consider amendment ofits regulations to adopt and incorporate any federal QA and QC procedures. Sources Affected and Location: This action affects any source required to install and operate COMs, including fuel burning equipment with a heat input capacity of 100 

### million Btu perhour, cementplants and municipal waste combustors
. These sources currently utilize the proposed QA and QC procedures, as 

### found in Part II

### ofTM**90~0**

### I. Consideration ofComments 

### The Department will consider all comments before making a decision to adopt these new regulations.

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