MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore MD 21230 -o MPE 410-537-3000. 1-800-633-6101 

Martin O'Malley 

Governor 

·. 

Anthony G. Brown 

Lieutenant Governor 

January 11, 2011 

CERTIFICATE OF PUBLICATION 

Robert M. Swnmers, Ph.D. 

Acting Secretary 

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

Concerning Proposed Amendments to Two Subtitles of Title 26 of the Code of Maryland Regulations (i.e, 

Subtitle 09 on Maryland C02 Budget Trading Program and Subtitle 11 on Air Quality) and Submission to 

EPA of Maryland's State Implementation Plan" was published on MDE's web site on January 11, 2011. It 

will remain posted on the site until February 16, 2011. The notice in full with links to technical supporting 

documents may be found in the following web address: 

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

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

Radiation Management Administration of MDE. 

DIANA 

Attachments: 

Copy of web page as published. 

~ Recycled Paper www.mde.state.md.us 

By: 

ALEGRE 

MDE Webmaster 

lTY Users l-81J0.735-2258 

Via Maryland Relay Service 
MDE Public Meetings, Hearings and Request for Comments 

.,. MDE Calendar 

The complete listing of MOE public meetings and hearings is posted in the HOE Calendar, Please call or email 

contact person cited In the meettng details for anv questions or to send a comment • 

.,. Maryland Department of the Environment Proposed Calendar Year 2011 Standard Permit 

Application Turnaround Tlmu. 

Please click here far more Information • 

.,. Notice of Public Hearings Concemlng Proposed Amendments to Two Subtltlu of Title Z& of the 

Code of Maryland Regulations (I.e, Subtitle Ot on Maryland COZ Budget Trading Program and Subtitle 

11 on Air Quality) and Submission to EPA of Maryland's State Implementation Plan 

The Marvland Department of the Environment gives notice of public hearings concerning: 

• Proposed amendments to regulations under two (2) Subtitles of Title 26 of the Code of Marvland Regulat ons (COMAR): 

• Subtitle 09 Marvland C02 Budget Trading Program 

• Subtitle 11 Air Qualitv 

• Submission of spedflc regulations (noted where appropriate) to the Environmental Protection Agency (f PA) for 

approval as part of Marviand's State Implementation Plan. The proposed actions are brleflv described below: 

1. Opadty Requlrementll for Fuel Bumlng Equipment that Demonstrate Compliance with COM Data. (~ 

Merge<! Document and EPA Merged Qocymcnt.) 

a. The following COMAR regulations which became effective on Mav 17, 2010 will be submitted to EPA for • pproval as 

part of Marvland's State Implementation Plan. These adopted regulations contain requirements to demonstrate 

compliance with visible emission limitations through the use of cant nuous opacity monitors (COMs) (sec Marvland Register 

prgggstd lJDd f ln§l Artlgns): 

(1) Amendments to Regulations .01 and .05 under COMAR 26.11.01 General Administrative Provisions. 

(2) Repeal of Regulations .10 and .11 under COMAR 26.11.01 General Administrative Prov slons, to be replaced with New 

Regulatfons .10 and .11 under COMAR 26.11.01 General Administrative Provisions. The repealed Regulation .11 was a 

State-onlv regulation that was not submitted to EPA for approval as part of Marvland's State Implementation Plan. 

(3) Amendments to Regulations .01 and .OS of COMAR 26.11.09 Control of Fuel-Burning Equipment, Statlonarv Internal 

Combustion Engines, and Certain Fuei· Bumlng Installations. 

b. This action also includes a proposal to amend Regulations .10 and ·.u under COMAR 26.11.01 General Administrative 

Provisions and Regulations .01 and .05 under COMAR 26.11.09 Control of Fuei·Burnlng Equipment, Stationarv Internal 

Combustion Engines, and Certain Fuel-Burning Installations. The purpose of this proposed action Is to make minor 

administrative corrections to the Department's opacity regulations that became effective Mav 17, 2010. These 

administrative corrections will also be submitted to EPA for approval as part of Marvland's State Implementation Plan. (Sec ta -tb, Tcchnlq!l Support oocument,) 

c. Incinerators - Opacity 

This action will amend Regulations .02, and .04, .07, and .08 under CDMAA 26.11.08 Control of Incinerators. The purpose 

of this action Is to: (1) clarify requirements for incinerators that demonstrate compliance with visible emissions (VE) 

standards through use of continuous opacity monitors (COMs); and (2) delete the appllcabllltv of the Department's 

Technical Memorandum 90·01 (TM) for Incinerators equipped w th COMs. 

Onlv the proposed addition of Section .021 and the proposed amendments to Regulation .04 will be submitted to the u.s. 

Environmental Protection Agency (EPA) for approval as part of Marvtand's State Implementation Plan. This action also 

announces that the current COMAA 26.11.08 definitions under Regulation .01 related to Section .021 and the amendments 

to Regulation .04 will be submitted to EPA for approval as part of Marvland's State Implementation Plan. (~ 

Tcchntcal Syppprt Document,) 

z. Quality A .. urence/Quallty Control Procedure• for Contlnuou• Opacity Monitors 

This action ( 1) repeals Regulat ons .01- .15 under COMAR 26.11.31 Small Business Pollution Compliance Loan Program to 

reflect the repeal of the Small Business Pollution Compl ance Loan Fund effective October 1, 2009 (House Bill 1416); and 

(2) codifies the quality assurance and quality control procedures for continuous opacity mon.tors under new Regulations 

.01 - .12 under a new chapter, COMAR 26.11.31 Quality Assurance Requirements far Continuous Opacity Monitors (COMs). 

The purpose of this action is to discontinue the use of the Department's Technical Memorandum 90·01 (TM90·01) 

"Continuous Emission Monitoring (CEM) Policies and Procedures" for the fuel burning equipment and replace TM90·01 with 

this new chapter. This action will be submitted to EPA for approval as part of Marvland's State Implementation Plan. (SU 

Techngl Support Ooc:ument.) 

3. EPA'• Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gu Tailoring Rule ("Tailoring Rule) 

This action will amend (1) Regulation .01 under COMAR 26.11.01 General Administrative Prov.slons; (2) Regulations .01 

and .12 under COMAR 26.11.02 Permits, Approvals, and Registration; and (3) Regulation .14 under COMAR 26.11.06 

General Emission Standards, Prohibitions, and Restrictions. This action will implement the requirements ot the u. S. 

Environmental Protection Agency's (~EPA") final Prevention of Signillcant Deterioration and Title V Greenhouse Gas 

Tailoring Rule ("Tailoring Rule"), which was published in the Federal Register on June 3, 2010 (75 FR 31514). This action 

will be submitted to the U.S. Envlronment~tl Protection Agencv (EPA) tor approval as part of Marvland's State 

Implementation Plan. (Sec Technical Supoort pocument.) 

4. Requirement• Reg•nllng Buslne•• M•chlnes and Plastic: Parts Coating 

Thls action amends Regulation .07 and adopts new Regulation .07·2 under COMAR 26.11.19 Volatile Organic Compounds 
~-

from Specific Processes to adopt EPA's Control Techniques Guidelines (CTG) for business machines and plastic parts 

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

Maryland's State Implementation Plan. (See Technjcal Sugoort Qm;yment.) 

s. Drum and Pall Coating 

This action amends Regulation .13 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes to adopt 

the requirements of the EPA's CTG standards that for drum and pall coating. This action will be submitted to the U.S. 

Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. (See Techn!,al 

SypPOrt Qoc;umenr.) 

•· Low ~ml11lons Vehicle Program Update 

Amend Regulation .02 under COMAA 26.11.34Low Emissions Vehicle Program to update Maryland's Clean Car regulations 

to reflect the changes made to the California Low Emissions Vehicle Program (I.e., CALEV or Clean Car Program) since the 

last Maryland update In 2009. This action will be submitted to the U.S. Environmental Protection Agency (EPA) for 

approval as part of Meryland's State Implementation Plen. (See Ttchntc.ot Sugoort Document.) 

7. Amendment. to U1ed Oil and Wasta Combustible fluid• Requirements 

This action will amend Regulations .01, .02 and .10 under COMAR 26.11.09 COntrol or Fuel· Burning Equipment, Stationary 

Internal Combustion Engines, and Certain Fuei·Burnlng Installations to amend Maryland's requirements regarding the 

burning of used oil and waste combustible fluid. (See mhnlral Supoort pgc;ument.) 

1. Voluntary Renew•ble Set-aside Accaunt 

This action will amend Regulation .02 under COMAR 26.09.01 General Administrative Provisions and Regulation .08 under 

COMAR 26.09.02 Applicability, Determining Compliance, and Allowance Distribution. The~ amendments aflect: (1) 

definitions; (2) eligibility for participation In the Voluntary Renewable Set·aslde Account (VERSA); (3) submission date for 

the VERSA; (4) Voluntary Renewable C02 Emissions Factor; (5) add tion;~! evaluation In the two year review for the 

VERSA; and (6) removal or power purchase contract requirement In the VERSA. (See r e,hnlcal SupPOrt Qocumcnt,) 

'· Requirements for Curtailment S.rvlce Provide ... This action will: (1) amend Regulation .10 under COMAR 26.11.02 Permits, Approvals, and Registration; (2) amend 

Regulation .01 and repeal Regulation .08·1 under COMAR 26.11.09 Control of Fuel· Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuei·Bumlng Installations; and (3) adopt new Regulations .01 - .04 under COMAR 

26.11.36 Distributed Generation. The action establishes annual reporting requirements for Curtailment Service Providers 

(CSPs) and details minor clarifications relating to emergency generators and load shaving units. (See Ttchntc.ol SupPOrt 

Po,umcnt,) 

The full text of the proposed actions will appear In the Maryland Register and at 

bttn•/lwwyc.d$d !if'ltc md,y5/mdreolster/mdreplstcr upx on January 14, 2011. 

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

website at the following address: bttpellwww mae state rod usJaboutmdc/pagesJreo,ommeots aso¥ 

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

Radiation Management Administration; regional ornces 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. 

Public hearings on the proposed actions will be held on Febru•ry 15, 2011 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 emalled to drablnOmde.state.md.us, or faxed to (410) 537·4223. 

Comments must be received not later than February 16, 2011, or be submitted at the hearing, For more Information, call 

Deborah R;~bln at (410) 537·3240. 

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

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

Acrvbatat RNdef" Is req~lrecl to view and print the PDF n1es. If you do rJIM.....wl not have It dick an the icon to the rlghL ~ ~ 
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0 
11 Debb Rabi n:- ic bl === ·-se-- fi,rm __ _- t _____________________________ Page1 ] 

. ' 

From: Debbie Rabin 

To: 

CC: 

All County Environmental Health Directors; All County Health Officers; ... Horado Tablada; Jay Sakal 

Date: 1/13/2011 6: 15 PM 

Subject: Notice of Public Hearings Please confirm receipt 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR ll RADIAnON MANAGEMENT ADMINISTRAnON 

NOnCE OF PUBUC HEARINGS 

The Maryland Department of the Environment gives notice of public hearings concerning: 

* proposed amendments to regulations under two (2) Subtitles of Title 26 of the Code of Maryland Regulations (COMAR): 

o Subtitle 09 Maryland C02 Budget Trading Program 

o Subtitle 11 Ajr Quality 

* submission of specific regulations (noted where appropriate) to the Environmental Protection Agency (EPA) for approval 

as part of Maryland's State Implementation Plan. The proposed actions are briefly described below: 

1. Opacity Requirements for Fuel Bumlng Equipment that Demonstrate Compliance with COM Data. 

a. The fobing COMAR regulations whic::h became effective on May 17, 2010 will be submitted to EPA for approval as part 

of Maryland's State Implementation Plan. These adopted regulations conta!n requirements to demonstrate compliance with visible 

emission limitations through the use of continuous opacity monitors (COMs): 

(1) Amendments to Regulations .01 and .OS under COMAR 26.11.01 General Administrative Provisions. 

(2) Repeal of Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions, to be replaced with New 

Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions. The repealed Regulation .11 was a State-only 

regulation that was not submitted to EPA for approval as part of Maryland's State Implementation Plan. 

(3) Amendments to Regulations .01 and .OS of COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Installations. 

b. This action also indudes a proposal to amend Regulations .10 and .11 under COMAR 26.11.01 General Administrative 

Provisions and Regulations .01 and .OS under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuel-Burning Installations. The purpose of this proposed action is to make minor administrative corrections to 

the Department's opacity regulations that became effective May 17, 2010. These administrative corrections will also be submitted 

to EPA for approval as part of Maryland's State Implementation Plan. 

c. Incinerators- Opacity 

This action will amend Regulations .02, and .04, .07, and .08 under COMAR 26.11.08 Control of Incinerators. The purpose of this 

action is to: (1) darify requirements for incinerators that demonstrate compliance with visible emissions (VE) standards through use 

of continuous opadty monitors (COMs); and (2) delete the applicability of the Department's Technical Memorandum 90-01 (TM) for 

indnerators equipped with COMs. 

Only the proposed addition of Section .021 and the proposed amendments to Regulation .04 will be submitted to the U.S. 

Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. This action also announces 

that the current COMAR 26.11.08 definitions under Regulation .01 related to Section .021 and the amendments to Regulation .04 

will be submitted to EPA for approval as part of Maryland's State Implementation Plan. 

2. Quality Assurance/Quality Control Procedures for Continuous Opadty Monltorw 

This action (1) repeals Regulations .01 - .15 under COMAR 26.11.31 Small Business Pollution Compliance Loan Program to reflect 

the repeal of the Small Business Pollution Compliance Loan Fund effective October 1, 2009 (House Bill1416); and (2) codifies the 

quality assurance and quality control procedures for continuous opacity monitors under new Regulations .01 - .12 under a new 

chapter, COMAR 26.11.31 Quality Assurance Requirements for Continuous Opacity Monitors (COMs). The purpose of tttis action is to 

discontinue the use of the Department's Technical Memorandum 90-01 (TM90-01) "Continuous Emission Monitoring (CEM) Policies 

and Procedures" for the fuel burning equipment and replace TM90-01 with this new chapter. This action will be submitted to EPA 

for approval as part of Maryland's State Implementation Plan. 

3. EPA's Prevention of Significant Deterioration {PSD) and Title V Greenhouse Gas Tailoring Rule ("Tailoring Rule) 

This action will amend (1) Regulation .01 under COMAR 26.11.01 General Administrative Provisions; (2) Regulations .01 and .12 

under COMAR 26.11.02 Permits, Approvals, and Registration; and (3) Regulation .14 under COMAR 26.11.06 General Emission 

Standards, Prohibitions, and Restrictions. This action will implement the requirements of the U. S. Environmental Protection 

Agency's ("EPA") final Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule ("Tailoring Rule"), which 
( 1/13/2011) Oebbi8Ra"bin- Notice of PUblic'Hearings ___ Ie se co firm ... ~_rec -:.ip _ ........... _______ _.... __ -~-·~~~1] 

was published In the Federal Register on June 3, 2010 (75 FR 31514). This action will be submitted to the U.S. Environmental 

Protection AI;Jencv (EPA) for approval as part of Maryland's State Implementation Plan. 

4. Requirements Regarding Business Machines and Plastic Parts Coating 

This action amends Regulation .07 and adopts new Regulation .07-2 under COMAR 26.11.19 Volatile Organic Compounds from 

Specific Processes to adopt EPA's Control Techniques Guidelines (CTG) for business mach1nes and plastic parts coabng. Th1s action 

will be submitted to the U.S. Envirorvnental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. 

5. Drum and Pall Coating 

This action amends Regulation .13 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes to adopt the 

requirements of the EPA's CTG standards that for drum and pail coating. This action will be submitted to the U.S. Environmental 

Protection Agency (EPA) for approVal as part cl Maryland's State Implementation Plan. 

&. Low Emissions Vehlde Program Update 

Amend Regulation .02 under COMAR 26.11.34 Low Emissions Vehide Program to update Maryland's Cean Car regulations to reflect 

the changes made to the California Low Emissions Vehlde Program (i.e., CALEY or Cean Car Program) since the last Maryland 

update in 2009. This action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's 

State Implementation Plan. 

7 . Amendments to Used 011 and Waste Combustible Fluids Requirements 

This action will amend Regulations .01, .02 and .10 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuei·Bunllng Installations to amend Maryland's requirements regarding the burning of used oil 

and waste combustible fluid. 

8. Voluntary Renewable Set-aside Ac:c:ount 

This action wilt amend Regulation .02 under COMAR 26.09.01 General Administrative Provisions and Regulation .08 under COMAR 

26.09.02 Applicability, Determining Compliance, and Allowance Distribution. These amendments affect: (1) definitions; (2) eligibility 

for participation in the Voluntary Renewable Set·aside Account (VERSA); (3) submission date for the VERSA; (4) Voluntary 

Renewable C02 Emissions Factor; (5) additional evaluation in the two year review for the VERSA; and (6) removal cl power 

purchase contract requirement in the VERSA. 

9. Requirements for Curtailment Service Providers 

This action will: (1) amend Regulation .10 under COMAR 26.11.02 Pennits, Approvals, and Registration; (2) amend Regulation .01 

and repeal Regulation .08·11Xlder COMAR 26.11.09 Control rA Fuel-Burning Equipment, Stationary Internal Combustion Engines, 

and Certain Fuel-Burning Installations; and (3) adopt new Regulations .01 • .04 under COMAR 26.11.36 Distributed Generation. 

The action establishes annual reporting requirements for CUrtailment Setvlce Providers (CSPs) and details minor dariflcations 

relating to emergency generators and load shaving un1ts. 

The full text of the proposed actions will appear in the Marvtaod Reoister and at 

htto://www.dsd.state.!Dd.us/mdreajster/mdreglster.asox on January 14, 2011. 

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

at the following address: httD://www.mde.state.md.usfabootm4eJoaaes/reacomments.a:s.a.x 

The proposed actions and supporting documents are also ava1lable for review at the following locations: the Air and Radiation 

Management Administration; regional offices cl the Department in Cl.mberland and Salisbury; aM 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 pubnc review. 

Public hearings on the proposed actions will be held on February 15, 2011 at 10 a.m. at the Deparbnent of the 

Environment, 1800 Washington Boulevard, 1st Floor Conference Roams, 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 Admimstration, Department of the Envrronment, 1800 Washington Boulevard, Suite 

730, Baltimore, Maryland 21230-1720, or emailed to drab !J)mde.state.ro<l..~ or faxed to (410) 537-4223. Comments must be 

received not later than February lfi, 2011, 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-
(.1/13/20'11) Debbie Rabin - Notice of Public Hearings - Please confirm receipt --- . 

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

Deborah Rabin, Regulations Coordinator 

Air • Radiation Management Administration 

Maryland Dept. of the Environment 

1800 Washington Blvd., Suite 730 

Baltimore, MD 21230 

Telephone Number: (410)-537-4414 
. -
Message ld: 4D2F412A.B4E: 96: 46318 

Subject: 

Created By: 

Notice of Public Hearings - Please confirm receipt 

drabln@mde.state.md.us 

Scheduled Date: 

Creation Date: 

From: 

Recipients 

Recipient 

~ epa.gov 

1/13/20116:15 PM 

Debbie Rabin 

BC: Cristina Fernandez (femandez.crislina) 

BC: Hal Frankford (frankford. harold) 

BC: Kathleen Cox (cox. kathleen) 

BC: Marcia Spink (spink.marcia) 

BC: Marilyn Powers (Powers.Marilyn) 

~ epamail.epa.gov 

BC: Chris Cripps (Cripps.Christopher) 

~ FIELD_OFFICES_PO.FIELD_OFFICES 

To: Allegany County Environmental Health Director (AL Co Env Health Director) 

To: Allegany County Health Officer (Al Co Health Officer) 

To: Anne Arundel County Environmental Health Director (AA Co Env Health Director) - - To: Anne Arundel Health Officer (AA Co Health Officer) - - To: Baltimore City Environmental Health Director (BA Cty Env Health Director1 

To: Baltimore City Health Officer (BA Cty Health Officer) 

To: Baltimore County Environmental Health Director (BA Co Env Health Director) 

To: Baltimore County Environmental Health Director 2 (BA Co Env Health Director2) 

To: Baltimore County Health Officer (BA Co Health Officer) 

To: Calvert County Environmental Health Director (CA Co Env Health Director) 

To: Calvert County Health Officer (CA Co Health Officer) 

To: Caroline and Kent County Health Officer (CO and KE Co Health Officer) 

To: Caroline County Environmental Health Director (CO Co Env Health Director) 

To: Carroll County Environmental Health Director (Cl Co Env Health Director) 

To: Carroll County Health Officer (CL Co Health Officer) 

To: Cecil County Environmental Health Director (CE Co Env Health Director) 

To: Cecil County Health Officer (CE Co Health Officer) 

To: Charles County Environmental Health Director (CH Co Env Health Director) 

To: Charles County Health Officer (CH Co Health Officer) 

To: Dorchester County Environmental Health Director (DO Co Env Health Director) 

To: Dorchester County Health Officer (DO Co Health Officer) 

To: Frederick County Environmental Health Director (FR Co Env Health Director) 

To: Frederick County Health Officer (FR Co Health Officer) 

To: Garrett County Environmental Health Director (GA Co Env Health Director) 

To: Garrett County Health Officer (GA Co Health Officer) 

To: Harford County Environmental Health Director (HA Co Env Health Director) 

To: Harford County Health Officer (HA Co Health Officer) 

To: Howard County Environmental Health Director (HO Co Env Health Director) 

To: Howard County Health Officer (HO Co Health Officer) 

To: Kent County Environmental Health Director (KE Co Env Health Director) 

To: Montgomery County Environmental Health Director (MO Co Env Health Director) 

To. Montgomery County Environmental Health Director 2 (MO Co Env Protection) 

To: Montgomery County Health Officer (MO Co Health Officer) 

To: Montgomery County Wells and Permits (MO Co Permits and Wells) 

Page I of5 

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To: Prince Georges County 'Environmental Health Director (PG Co Env Health 

Director) 

To: Prince Georges County Health Officer (PG Co Health Officer) 

To: Queen Annes County Environmental Health Director (QA Co Env Health Director) 

To: Queen Annes County Health Officer (QA Co Health Officer) 

To: Somerset County Environmental Health Director (SO Co Env Health Director) 

To: Somerset County Health Officer (SO Co Health Officer) 

To: St Marys County Environmental Health D!rector (SM Co Env Health Director) 

To: St Marys County Health Officer (SM Co Health Officer) 

To: Talbot County Environmental Health Director (TACo Env Health Director) 

To: Talbot County Health Officer (TACo Health Officer) 

To: Washington County Environmental Health Director rNA Co Env Health Director) 

To: Washington County Health Officer (WACo Health Officer) 

To: Wicomico County Environmental Health Director (WI Co Env Health Director) 

To: Wicomico County Health Officer fYVI Co Health Officer) 

To: Worcester County Environmental Health Director (WO Co Env Health Director) 

To: Worcester County Health Officer (WO Co Health Officer) - - ~ mdp.state.md.us 

BC: Bob Rosenbush (BRosenbush) 

8 POMAIL1.MDEDOM 

To: Allison OHanlon (AOHanlon) 

To: Amelia Sv~cek (ASv~cek) 

To: April Stehr (AStehr) 

To: Audrey Hansen (AHansen) 

To: Barbara Santana (BSantana) 

To: Brian littlefield (blittlefield) 

To: Byron Fairall (BFairall) 

To: Carlton Washburn (cwashbum) 

BC: Carolyn A Jones (CAJones) 

To: Charles Poukish (c:poukish) 

To: Chris Luckett (cluckett) 

To: Dennis Rasmussen (drasmussen) 

To: Elaine Maliniak (EMaliniak) 

To: Gail Tyler (GTyler) 

To: Gilbert Lookingland (glookingland) 

To: Glen Savage (gsavage) 

CC: Horacio Tablada (htablada) 

To: James Forrest (qforrest) 

To: Janet Hollern (JHollern) 

To: John Holt (JHolt) 

To: John lynch fjlynch) 

To: John McKay (JMcKay) 

To: Joseph Gay (jgay) 

To: Kathleen Bassett (KBassett) 

To: Marcta Potter (mpotter) 

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file ://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4D2F41 2AMDE... 1/18/2011 

Tfif /?011) Debbie Rabin - Notice of Public Hearings - Pieasec onfirm receipt ,_'r ---

From: 

To: 

CC: 

Date: 

Subject: 

Debbie Rabin 

All Mlrzakhalill; Cecily Beall; Diana Esher; John Benedict; Joyce Ep ..• 

Bob Rosenbush; Chris Cripps; Cristina Fernandez; Dave Campbell; Davl ... 

1/13/2011 6:15 PM 

Notice of Public Hearings Please confirm receipt 

MARYLAND DEPARTMENT Of THE ENVIRONMENT 

AIR a RADIAnON MANAGEMENT ADMINISTRAnON 

NOTICE OF PUBUC HEARINGS 

The Maryland Department of the Environment gives notice of ptJblic hearings concerning: 

• proposed amendments to regulations LJlder two (2) SUbtitles of litte 26 of the Code of Maryland Regulations (COMAR): 

o Subtitle 09 Maryland C02 Budget Trading Program 

o Subtitle 11 Air Quality 

• submission of specific regulations (noted where appropriate) to the Environmental Protection Agency (EPA) for approval 

as part of Maryland's State Implementation Plan. The proposed actions are briefly desaibed below: 

1. OpKity Requirements for Fuel Burning Equipment that Demonstrate Compliance with COM Data. 

a. The following COMAR regulations which became effective on May 17, 2010 will be submitted to EPA for approval as part 

of Maryland's State Implementation Plan. These adopted regulations contain requirements to demonstrate compliance with Visible 

emission limitations through the use of continuous opadty mon1tors (COMs): 

(1) Amendments to Regulations .01 and .OS under COMAR 26.11.01 General Administrative Provisions. 

(2) Repeal of Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions, to be replaced with New 

Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions. The repealed Regulation .11 was a State-only 

regulation that was not submitted to EPA for approval as part of Maryland's State Implementation Plan. 

(3) Amendments to Regulations .01 and .OS of COMAR 26.11.09 Control of Fuei·Buming Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Installations. 

b. ThiS action also indudes a proposal to amend Regulations .10 and .11 under COMAR 26.11.01 General Administrative 

Provisions and Regulations .01 and .OS under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuei·Buming Installations. The purpose of this proposed action is to make minor administrative corrections to 

the Department's opadty regulations that became effective May 17, 2010. These administrative corrections will also be submitted 

to EPA for approval as part of Maryland's State Implementation Plan. 

c. Incinerators • Opacity 

This action will amend Regulations .02, and .04, .07, and .08 under COMAR 26.11.08 Control of Incinerators. The ptJrpose of this 

action Is to: (1) darify requirements for Incinerators that demonstrate compliance with Visible emissions (VE) standards through use 

of continuous opacity monitors (COMs); and (2) delete the applicability of the Department's Technical Memorandum 90·01 {TM) for 

incinerators equipped with COMs. 

Only the proposed addition of Section .021 and the proposed amendments to Regulation .04 will be submitted to the u.s. 

Environmental Protection Aqencf (EPA) for approval as part of Maryland's State Implementation Plan. This action also announces 

that the rurrent COMAR 26.11.08 definitions under Regulation .01 related to Section .021 and the amendments to Regulation .04 

will be submitted to EPA for approval as part of Maryland's State Implementation Plan. 

2. Quality Assurance/Quality Control Procedures for Continuous Opadty Monltol"f 

This action (1) repeals Regulations .01 • .1S ooder COMAR 26.11.31 Small Business Pollution Compliance loan Program to reflect 

the repeal of the Small Business Pollution COmpliance Loan Fund effective October 1, 2009 (House Bill 1416); and (2) codifies the 

quality assurance and quality control procedures for continuous opadty monitors under new Regulations .01- .12 under a new 

chapter, COMAR 26.11.31 Quality Assurance Requirements for Continuous Opacity Monitors (COMs). The purpose of this action is to 

discontinue the use of the Department's Technical Memorandum 90·01 (TM90-01) "Continuous Emission Monitoring (CEM) Policies 

and Procedures" for the fuel burning equipment and replace TM90-01 with this new chapter. This action will be submitted to EPA 

for approval as part of Maryland's State Implementation Plan. 

3. EPA's Prevention of Significant Deterioration (PSD) and Title v Greenhouse Gas Tailoring Rule ("Tailoring Rule) 

This action will amend (1) Regulation .01 under COMAR 26.11.01 General Administrative Provisions; (2) Regulations .01 and .12 

under COMAR 26.11.02 Permits, Approvals, and Registration; and (3) Regulation .14 under COMAR 26.11.06 General Emission 

Standards, Prohibitions, and Restrictions. This action will implement the requirements of the U. S. Environmental Protection 

Agency's {"EPA") final Prevention of Significant Deterioration and Tide V Greenhouse Gas Tailoring Rule ("Ta11oring Rule"), which 

Page1l 
j_f 20 1)i5ebbie"Rabi ot ce of Public ng~ P_le_a_s_e_c.o __ firm_~_re -....;. _-_-__ _........___.__~----~. • ,

0 age J , 

was pubUshed in the Federal Register on June 3, 2010 (75 FR 31514). This action will be submitted to the U.S. Environmental 

Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. 

4. Requirements Regarding Business Machines and Plastic Parts Coatinv 

lhts action amends Regulation .07 and adopts new Regulation .07-2 under COMAR 26.11.19 Volatile Organic Compounds from 

Specific Processes to adopt EPA's Control Techniques Gutdellnes (CTG) for business machines and plastic parts coating. This action 

will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. 

5. Drum and Pall Coating 

This action amends Regulation .13 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes to adopt the 

requirements of the EPA's CTG standards that for drum and pail coating. This action will be submitted to the U.S. Environmental 

Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. 

&. Low Emission• Vehlde Program Update 

Amend Regulation .02 under COMAR 26.11.34 Low Emissions Vehide Program to update Maryland's Oean car regulations to reflect 

the changes made to the california Low Emissioos Vehide Program (t.e., CAIZY or Oean car Progmn) since the last Maryland 

update in 2009. This action Will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's 

State Implementation Plan. 

7. Amendments to tiled Oil and Waste Combustible Flukll Requirements 

This action will amend Regulations .01, .02 and .10 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Installations to amend Maryland's requirements regarding the burning of used oil 

and waste combustible fluid. 

8. Voluntary Renewable Set-ulde Account 

This action will amend Regulation .02 under COMAR 26.09.01 General Administrative Provisions and Regulation .08 under COMAR 

26.09.02 Applicability, Determining Compliance, and Allowance Distribution. These amendments affect: (1) definitions; (2) eligibrlity 

for partidpation in the Voluntary Renewable Set-aside Account (VERSA); (3) submission date for the VERSA; (4) Voluntary 

Renewable C02 Emissions Factor; (5) additional evaluation In the two year review for the VERSA; and (6) removal of power 

purchase contract requirement In the VERSA. 

9. R--.ulrementl for Curtailment Service Provldel"' 

This action will: (1) amend Regulation .10 under COMAR 26.11.02 Permits, Approvals, and Registration; (2) amend Regulation .01 

and repeal Regliation .08-1 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, 

and Certain Fuei·Bumlng Installations; and (3) adopt new RegulationS .01 - .04 '-'1der COMAR 26.11.36 Distributed Generation. 

The action establishes annual reporting requirements for CUrtailment Service Providers (CSPs) and details minor darifications 

relating to emergency generators and load shaving units. 

The full text of the proposed actions will appear in the Marvtand Register and at 

httD:llwww.dsd,state,md.us/mdrearster/mdreqj5ter,asox on January 14, 2011. 

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

at the following ~dress: http;ljwww.mde.state.md.uslaboutmdeloageslreocomments.aSJ)! 

The proposed actions 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. 

Public hearings on the proposed actions will be held on February 15, 2011 at 10 a.m. at the Department of the Environment, 

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

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

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

730, Baltimore, Maryland 2123Q-1720, or emailed to d!:ab:.D. ~rx:Ce state.IT' vs, or faxed to (410) 537-4223. Comments must be 

received not later than February 16, 2011, or be submitted at the hearing. For more rnformation, call Deborah Rabin at (410) 

537-3240. 

Anyone needing special accommodations at a public hearing should contact the Department's Fatr Practices Office at (410) 537· 

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

.. 
.. 

• 

Message ld: 4D2F4136.B4E : 96 : 4631.8 

Subject: 

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Notice of Public Hearings - Please confirm receipt 

drabln@mde.state.md.us 

Scheduled Date: 

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From: 

Recipients 

Recipient 

~ dc.gov 

1/13/2011 6:15PM 

Debbie Rabin 

To: Cecily Beall (cectly.beallt 

e) deq.virginia.gov 

To: Michael Dowel (mgdowd) 

9 epa.gov 

CC: Cristina Fernandez (femandez.cristina) 

CC: Dave Campbell (campbell.dave) 

CC: David Arnold (amold.david) 

To: Diana Esher (esher.diana) 

CC: Hal Frankford (frankford.harold) 

CC: Kathleen Cox (cox. kathleen) 

CC: Marcia Spink (spink.marcia) 

CC: Marilyn Powers (Powers.Marilyn) 

~ epamail.epa.gov 

CC: Chris Cripps (Cripps. Christopher) 

CC: Rehn.Brian@epamail.epa.gov (Rehn.Brian) 

d!J mdp.state.md.us 

Action 

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Transferred 

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Page 1 of2 

Comment 

CC: Bob Rosenbush (BRosenbush) 

CC: Linda Janey (ljaney) ---- --. ---- ---- ---------

To: Maryland Clearinghouse (clearinghouse) 

~ POMAIL1.MDEDOM 

BC: Carolyn A Jones (CAJones) 

~ POMAIL2.MDEDOM 

BC: Angelo Bianca (abianca) 

BC: Brian Hug (bhug) 

BC: Debbie Rabin (drabin) 

BC: Diane Franks (dfranks) 

BC: Frank Courtright (fcourtright) 

BC: Karen Irons (kirons) 

BC: Kathleen Perry (kperry) 

BC: Marcia Ways (mways) 

BC: Randy Mosier (rmosier) 

BC: Renee Fizer (rfizer). 

BC: Tad Abum (gaburn) 

~ state.de.us 

To: Ali Mirzakhalili (Aii.Mirzakhalili) 

!!:J state.pa.us 

To: Joyce Epps Geepps) 

~ wv.gov 

To: John Benedict (John.A.Benedict) 

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fi Jp•/1('·\0nrnmPnfo:: ~nrl ~Ptt1noo::\rlrl'lhin\T .nr11l ~Pttinoo:;\ TPmn\ XPornwio:;P\40?F41 ~fiMnP 

Page 2 of2 · • •• 

1/1 R/?011 
~It3t 011) Debbie Rabin- Notice of Public Hearings - lea nfirm receipt 

• 

• 

Deborah Rabin, Regulations Coordinator 

Air & Radiation Management Administration 

Maryland Dept. of the Environment 

1800 Washington Blvd., Suite 730 

Baltimore, MD 21230 

Telephone Number: (410)·537-4414 

Page :D 

.\/,utili() :\1,11/~J' 

r;f11'1'1110r 

• ·l111h"'!J' G. Brou'll 

!J. C:urtmur 

Ms. Deborah Rabin 

January 19, 20 II 

Regulations Coordinator, Air and Radiation Administration 

Maryland Department of the Environment 

1800 Washington Boulevard 

Baltimore, MD 21230 

STATE CLEARINGHOUSE REVIEW PROCESS 

State Application Identifier: MD20110119-0019 

RidJmrl F.btrbarl 1-1,111 

Sml'ltiiJ 

• \ J,,flhtw .J. Jlowrr 

Drf)ft{Y S ml'l•l')' 

Project Description: Proposed amendments to subtitles 09 and II ofTitle 26 in COMAR; submission of specific regulations 

for approval as part of the State's Implementation Plan: Opacity Requirements for Fuel Burning Equipment that Demonstrate 

Compliance with Continuous Opacity Monitor (COM) Data; Quality Assurance/Quality Control Procedures for COMs; EPA's 

Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas Tailoring Rule ("Tailoring Rule"); Requirements 

Regarding Business Machines and Plastic Parts Coating; Drum and Pail Coating; Low Emissions Vehicle Program Update; 

Amendments to Used Oil and Waste Combustible Fluids Requirements; Voluntary Renewable Set-aside Account; Requirements 

for Curtailment Service Providers: public hearing 2/1512011 

Project Location: Maryland 

Clearinghouse Contact: Bob Rosenbush 

O ear 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 of your application is being provided to State and local public officials through the Intergovernmental Monitor, which is a 

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

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

used on all documents and correspondence. 

All MIRC requirements have been met in accordance with Code of Maryland Regulations (CO MAR 34.02.0 1.04-.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 at brosenbush@mdp.state.md.us. Thank you for 

your cooperation with the MlRC process. 

Sincerely,_p . • ..£ " \l . CJ\~ (/. >(V/A..£,1 Linda Janey, J.D., Assistant Secretary / 

for Clearinghouse and Communications 

I.U:BR 

cc. Kathleen Bhn..:bury- US. J:n, irnnmcntal Prntcctmn Agcncy 

/ / .00/ ')_.\',If .\'HI~ Jo,· 

JOI li='uJ Jlm to11 Sim i • Suitt 1101 • Balli moll'. Mt~l)'l. md 21 ::oJ .. :.'J()S 

Trltpbollt: -IIU.767.-15()() • F.IX: ·HO.i67.4480 • Toll Fm: 1.877.767.6272 • ·m· U1m: .\f,uJ1and Rf/,ry 

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