MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard .~altimore MD 21230 MDE 410-537-3000 • 1-800-633-6101 

Martin O'Malley Robert M. Summers, PhD. 

Governor Secretary 

Anthony G. Brown 

Lieutenant Governor 

'OCT 1 7 ?011: 

Mr. Shawn M. Garvin
 

Regional Administrator (3RAOO)
 

U.S. Environmental Protection Agency 

Region III 

1650 Arch Street 

Philadelphia PA 19103-2029 

Dear Mr. Garvin: 

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

# 11- 07 concerning the types of sources that are exempt from permit to construct requirements. 

This SIP Revision includes amendments to Regulation .10 under COMAR 26.11.02 Permits, 

Approvals, and Registration. This SIP Revision does not include the amendments to 

Regulations .01 and .13 of this chapter. 

The Notice of Proposed Action was published in the Maryland Register on April 22, 2011. A 

public hearing was held on July 11, 2011. The action was adopted on August 1, 2011. The 

Notice of Final Action was published on August 12, 2011 and the amendments became effective 

on August 22, 2011. All administrative procedures were properly followed throughout the 

adoption process. 

I certify that the electronic copy of this SIP submittal (enclosed) is an exact duplicate of the 

official hard copy. If you have any questions concerning this SIP action, please feel free to call 

me at (410) 537-3084 or 1V1r. George (Tad) S. Aburn, Jr., Director of the Air and Radiation 

Management Administration, at (410) 537-3255. 

Sincerely, 

Robert M. Summers, PhD. 

Secretary 

RMS:dhr 

Enclosure 

www.mde.sIaIC.md.u TTY Users 1-800-735-2258 

Via Maryland Relay Service 
- " .. 

Department of the Environment 

TECHNICAL SUPPORT DOCUMENT 

Amendments to COMAR 26.11.02.01 Definitions, 

COMAR 26.11.02.10 Sources Exempt from Permits 

to Construct and Approvals, 

and COMAR 26.11.02.13 Sources Subject to State 

Permits To Operate 

Purpose of the Amendments 

The purpose of the amendments is to: 

(1) clarify the requirements under COMAR 26.11.02.1 OX (Sources Exempt from Permits to 

Construct and Approvals) which must be met in order for an installation not otherwise 

exempted under sections A-W of the regulation to obtain an exemption from the Permit 

to Construct requirements. 

(2) clarify what installations must obtain a State Permit to Operate under 26.11.02.13 

(Sources Subject to State Permits to Operate) and exclude: (a) sources that emit 

insignificant amounts of air pollutants, (b) sources that are not subject to extensive air 

pollution control regulations, and (c) sources that traditionally have elicited very little 

interest from communities and individual citizens in the public participation process. 

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

as part of Maryland's State Implementation Plan. 

Background 

COMAR 26.11.02.01 Definitions 

The definition of the term solvent-based materials was added to COMAR 26.11.02.01B Terms 

Defined as it applies to the sources listed in COMAR 26.11.02.13A(28), (54), and (59). 

COMAR 26.11.02.1 OX Sources Exempt from Permit to Construct and Ap

ovals 

COMAR 26.11.02.10 exempts certain installations from the Permit to Construct requirements. 

The current language in COMAR 26.11.02.10X fails to include volatile organic compounds 

(VOC) among the air pollutant emissions limits which trigger the Permit to Construct exemption 

for installations not otherwise described in the regulation. The amendments correct this error of 

omission by including a limit for VOC emissions. 

In addition, the current language limits the emissions analysis to the "expected uncontrolled 

emissions" from the proposed installation. The amendment replaces "expected uncontrolled 

emissions" with the term "pre-control potential-to-emit." The amendment clarifies the 

1 
regulation's intent to exempt only those installations which can not exceed the regulatory 

emissions limits due to physical design constraints before the use of pollution control equipment. 

COMAR 26.11.02.13 Sources Subject to State Permits to Operate 

COMAR 26.11.02.13 includes a list of all air pollution sources that are required to obtain a State 

Permit to Operate. The types of sources listed in COMAR 26.11.02.13 that are subject to State 

Permit to Operate requirements are also subject to the public participation process. The public 

participation process is often lengthy and can be expensive. 

The amendments clarify which sources must obtain a State Permit to Operate, and exempt those 

sources which do not significantly impact ambient air quality and have rarely drawn citizen or 

community interest during the public participation process. These sources will still be required to 

comply with the Permits to Construct regulations. Permits to Construct are enforceable 

documents which include all emission standards and limits, operating conditions, and testing, 

monitoring, record keeping and reporting requirements applicable to the source. Permits to 

Construct do not expire unless: (1) the affected equipment or process is never installed, (2) the 

equipment is removed from the source, or (3) the equipment is modified in a manner such that a 

new Permit to Construct would be issued. 

Affected Sources 

COMAR 26.11.02.1 OX Sources Exempt from Permit to Construct and Ap

ovals 

Sources with "pre-control potential to emit" levels of air pollution below the Permit to Construct 

exemption level would not require a Permit to Construct. 

COMAR 26.11.02.13 Sources Subject to State Permits to Operate 

Sources with equipment or processes that are physically incapable of producing significant air 

pollution emissions will no longer be required to obtain a State Permit to Operate. In 2007, the 

Department issued (or renewed) twenty-five (25) State Permits to Operate. Under the amended 

regulations, two (2) of the twenty-five (25) sources would have potentially been exempt from 

State Permits to Operate and public participation requirements. In 2008, thirty (30) State Permits 

to Operate were issued (or renewed). Under the amended regulations one (1) of the sources 

would have potentially been exempt. In 2009, twenty-seven (27) State Permits to Operate were 

issued (or renewed). Under the amended regulations three (3) of the sources would have 

potentially been exempt. 

Examples of equipment or processes to be removed from the State Permit to Operate list include: 

reactors, distillation columns, evaporators and strippers that have pre-control potential to emit of 

less than 20 lbs ofVOC per day for the equipment to be permitted and pre-control potential to 

emit of less than 100 lbs ofVOC per day for the entire premises. Sources that would be affected 

by these amendments exist statewide. 

Requirements 

2 
These amendments will not add any additional requirements for existing or new sources. 

Expected Emissions Reductions 

No emissions reductions will result from these amendments. All of the existing emissions limits 

as well as all applicable monitoring, record keeping and reporting requirements will remain the 

same. 

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estimate of Economic Impact 

These amendments will reduce costs for certain low emission sources that are currently required 

to go through the public participation process to obtain a Permit to Construct and a State Permit 

to Operate. 

The Department will save staff time and expenses by not having to conduct public review for 

equipment or processes that: (1) are physically incapable of producing significant amounts of air 

pollution, (2) are not subject to extensive air pollution control regulations, or (3) have 

traditionally elicited very little interest from communities and individual citizens during the 

public participation process. 

While cost reductions are difficult to estimate, no increased cost to affected sources or the 

Department will be incurred as a result of these amendments. 

These amendments will reduce costs for certain low emission sources that are currently required 

to go through the public participation process to obtain a Permit to Construct and a State Permit 

to Operate. 

Economic Impact on Small Businesses 

The impact on small businesses is expected to be minimal and positive. Such impacts will 

include a reduction in the time and cost associated with obtaining Permits to Construct and State 

Permits to Operate. 

3 
• il

 _ 
COMAR 26.11.02.10 Merged Text 10/3/11 

Title 26 DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 02 Permits, Approvals, and Registration 

Authority: Environment Article, §§1-404, 2-103, 2-301—2-303, 2-401, 2-402, and 2-404, 

Annotated Code of Maryland 

26.11.02.10 

.10 Sources Exempt from Permits to Construct and Approvals. 

A person may construct or modify or cause to be constructed or modified any of the following sources 

without first obtaining, and having in current effect, a permit to construct: 

A. Electric generating stations that receive a certificate of public convenience and necessity (CPCN) under 

Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland; 

B. Motor vehicles, steamships, tugs, and railroad locomotives; 

C. Fuel-burning equipment and space heaters using gaseous fuels or No. 1 or No. 2 fuel oil with a heat 

input less than 1,000,000 Btu (1.06 gigajoules) per hour; 

D. Repealed. 

E. Stationary internal combustion engines with an output less than 500 brake horsepower (373 kilowatts) 

and which are not used to generate electricity for sale or load shaving as that term is defined in COMAR 

26.11.36.01B; 

F. Bench scale laboratory equipment used exclusively for chemical or physical analysis or experimentation; 

G. Portable brazing, soldering, or welding equipment; 

H. Comfort air conditioning or comfort ventilating systems which are not designed to remove emissions 

generated by or released from specific units of equipment; 

I. Water cooling towers and water cooling ponds unless used for evaporative cooling of water from 

barometric jets or barometric condensers, or used in conjunction with an installation requiring a permit to 

operate; 

J. Equipment used exclusively for steam cleaning; 

K. Grain, metal, plastic, or mineral extrusion presses; 

1
L. Porcelain enameling drying ovens; 

M. Unheated VOC dispensing containers or unheated VOC rinsing containers of 60 gallons (227 liters) 

capacity or less; 

N. Equipment used for hydraulic or hydrostatic testing; 

O. The following equipment or an exhaust system or collector servicing exclusively this equipment: 

(1) Blast cleaning equipment using a suspension of abrasive in water; 

(2) Commercial bakery ovens with a rated heat input capacity of less than 2,000,000 Btu per hour; 

(3) Kilns used for firing ceramic ware, heated exclusively by natural gas, liquefied petroleum gas, 

electricity, or any combination of these; 

(4) Confection cookers where the products are edible and intended for human consumption; 

(5) Drop hammers or hydraulic presses for forging or metal working; 

(6) Die casting machines; 

(7) Photographic process equipment used to reproduce an image upon sensitized material through the use of 

radiant energy; 

(8) Equipment for drilling, carving, cutting, routing, turning, sawing, planing, spindle sanding, or disc 

sanding of wood or wood products; 

(9) Equipment for surface preparation of metals by use of aqueous solutions, except for acid solutions; 

(10) Equipment for washing or drying products fabricated from metal or glass, provided that no VOC is 

used in the process and that no oil or solid fuel is burned; 

(11) Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solution or bleach or 

detergents; 

(12) Containers, reservoirs, or tanks used exclusively for electrolytic plating work, or electrolytic polishing, 

or electrolytic stripping of brass, bronze, cadmium, copper, iron, lead, nickel, tin, zinc, and precious metals; 

(13) Breweries with an annual beer production less than 60,000 barrels; and 

(14) Municipal solid waste landfills that have a design capacity of less than 500,000 tons of municipal solid 

waste and that are not major sources; 

P. Natural draft hoods or natural draft ventilators; 

Q. Containers, reservoirs, or tanks used exclusively for: 

(1) Dipping operations for coating objects with oils, waxes, or greases, where no VOC is used; 

(2) Dipping operations for applying coatings of natural or synthetic resins which contain no VOC; 

2
(3) Storage of butane, propane or liquefied petroleum, or natural gas; 

(4) Storage of lubricating oils; 

(5) Unheated storage of VOC with an initial boiling point of 300°F (149°C) or greater; 

(6) Storage of Numbers 1, 2, 4, 5, and 6 fuel oil and aviation jet engine fuel; 

(7) Storage of motor vehicle gasoline, having an individual tank capacity of 2,000 gallons or less; 

(8) The storage of VOC normally used as solvents, diluents, thinners, inks, colorants, paints, lacquers, 

enamels, varnishes, liquid resins, or other surface coatings and having a capacity of 2,000 gallons (7.6 

cubic meters) or less; 

R. Gaseous fuel-fired or electrically heated furnaces for heat-treating glass or metals, the use of which does 

not involve molten materials; 

S. Crucible furnaces, pot furnaces, or induction furnaces, with a capacity of 1,000 pounds (454 kilograms) 

or less each, in which no sweating or distilling is conducted, or any fluxing conducted, using chloride, 

fluoride, or ammonium compounds and from which only the following metals are poured or in which only 

the following metals are held in a molten state: 

(1) Aluminum or any alloy containing over 50 percent aluminum, if no gaseous chloride compounds, 

chlorine, aluminum chloride, or aluminum fluoride is used; 

(2) Magnesium or any alloy containing over 50 percent magnesium; 

(3) Lead or any alloy containing over 50 percent lead; 

(4) Tin or any alloy containing over 50 percent tin; 

(5) Zinc or any alloy containing over 50 percent zinc; 

(6) Copper; or 

(7) Precious metals; 

T. Vacuum cleaning systems used exclusively for industrial, commercial, or residential house-keeping 

purposes; 

U. Charbroilers and pit barbecues as defined in COMAR 26.11.18.01 with a total cooking area of 5 square 

feet (0.46 square meter) or less; 

V. Hazardous waste incinerators, as defined in COMAR 26.13.01.03B(33), and for which a hazardous 

waste facility permit has been applied or issued by the Department under COMAR 26.13.07; 

W. Sheet-fed letter or lithographic printing presses with a cylinder width of less than 18 inches; and 

X. Other installations if: 

3
(1) The proposed installation is not subject to any source-specific State or federal limitation or emissions 

standard, including any mass emissions rate limitation, pollutant concentration limitation, material 

formulation standard, equipment performance standard, or work practice standard; 

(2) The emissions contain not more than 1 pound per day of a Class I toxic air pollutant, as defined in 

COMAR 26.11.15.01B(4); and 

(3) The pre-control potential-to-emit from the proposed installation, combined with any potential increase 

in emissions from other installations that could be caused by the proposed installation, is less than 1 ton per 

calendar year for: 

(a) Volatile organic compounds; 

(b) Each pollutant for which there is a federal ambient air quality standard; and 

(c) Each Class II toxic air pollutant, as defined in COMAR 26.11.15.01B(5). 

4
PROPOSED ACTION ON REGULATIONS 

562 

MARYLAND REGISTER, VOLUME 38, ISSUE 9, FRIDAY, APRIL 22, 2011 

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 May 25, 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 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 May 25, 2011, 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. 

.10 Continuous Opacity Monitoring Requirements. 

A.―E. (text unchanged) 

F. [Technical Memorandum.] Fuel burning equipment subject to 

the COM requirements in COMAR 26.11.09.05 [is not] are subject to 

the COM requirements contained in [Technical Memorandum 90-01 

“Continuous Emission Monitoring (CEM) Policies and Procedures,”]

COMAR 26.11.31 [except for Part II Quality Assurance 

Requirements for Continuous Opacity Monitoring Systems]. 

.11 Continuous Emission Monitoring Requirements. 

A.―C. (text unchanged) 

D. Monitoring and Determining Compliance. 

(1)―(2) (text unchanged) 

[(3) Technical Memorandum. Except for fuel burning 

equipment subject to the COM requirements in COMAR 26.11.09.05, 

use of COMs and CEMs for enforcement purposes shall be as 

specified in the Department’s Air Management Administration 

Technical Memorandum 90-01 “Continuous Emission Monitoring 

(CEM) Policies and Procedures,” which is incorporated by 

reference.]

ROBERT M. SUMMERS, Ph.D. 

Acting Secretary of the Environment 

Subtitle 11 AIR QUALITY 

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] 2-402, and 2-404, Annotated Code of Maryland 

Notice of Proposed Action 

[11-128-P] 

The Secretary of the Environment proposes to amend Regulations 

.01, .10, and .13 under COMAR 26.11.02 Permits, Approvals, and 

Registration. 

Statement of Purpose 

The purpose of this action is to: 

(1) Clarify the requirements under COMAR 26.11.02.10X 

(Sources Exempt from Permits to Construct and Approvals) which 

must be met in order for an installation not otherwise exempted under 

§§A—W of the regulation to obtain an exemption from the Permit to 

Construct requirements. 

(2) Clarify what installations must obtain a State Permit to 

Operate under 26.11.02.13 (Sources Subject to State Permits to 

Operate) and exclude: (a) sources that emit insignificant amounts of 

air pollutants, (b) sources that are not subject to extensive air 

pollution control regulations, and (c) sources that traditionally have 

elicited very little interest from communities and individual citizens 

in the public participation process. 

This action will be submitted to the U.S. Environmental Protection 

Agency (EPA) for approval as part of Maryland’s State 

Implementation Plan. 

Background: 

COMAR 26.11.02.10X Sources Exempt from Permit to Construct 

and Approvals: 

COMAR 26.11.02.10 exempts certain installations from the 

Permit to Construct requirements. The current language in COMAR 

26.11.02.10X fails to include volatile organic compounds (VOC) 

among the air pollutant emissions limits which trigger the Permit to 

Construct exemption for installations not otherwise described in the 

regulation. The amendments correct this error of omission by 

including a limit for VOC emissions. 

In addition, the current language limits the emissions analysis 

to the “expected uncontrolled emissions” from the proposed 

installation. The amendment replaces “expected uncontrolled 

emissions” with the term “pre-control potential-to-emit.” The 

amendment clarifies the regulation’s intent to exempt only those 

installations which can not exceed the regulatory emissions limits due 

to physical design constraints before the use of pollution control 

equipment. 

COMAR 26.11.02.13 Sources Subject to State Permits to Operate: 

COMAR 26.11.02.13 includes a list of all air pollution sources 

that are required to obtain a State Permit to Operate. The types of 

sources listed in COMAR 26.11.02.13 that are subject to State Permit 

to Operate requirements are also subject to the public participation 

process. The public participation process is often lengthy and can be 

expensive. 

The amendments clarify which sources must obtain a State 

Permit to Operate, and exempt those sources which do not 

significantly impact ambient air quality and have rarely drawn citizen 

or community interest during the public participation process. These 

sources will still be required to comply with the Permits to Construct 

regulations. Permits to Construct are enforceable documents which 

include all emission standards and limits, operating conditions, and 

testing, monitoring, record keeping and reporting requirements 

applicable to the source. Permits to Construct do not expire unless: 

(1) the affected equipment or process is never installed, (2) the 

equipment is removed from the source, or (3) the equipment is 

modified in a manner such that a new Permit to Construct would be 

issued. 

Affected Sources: 

COMAR 26.11.02.10X Sources Exempt from Permit to Construct 

and Approvals: 

Sources with “pre-control potential-to-emit” levels of air 

pollution below the Permit to Construct exemption level would not 

require a Permit to Construct. 
PROPOSED ACTION ON REGULATIONS 

563 

MARYLAND REGISTER, VOLUME 38, ISSUE 9, FRIDAY, APRIL 22, 2011 

COMAR 26.11.02.13 Sources Subject to State Permits to Operate: 

Sources with equipment or processes that are physically 

incapable of producing significant air pollution emissions will no 

longer be required to obtain a State Permit to Operate. In 2007, the 

Department issued (or renewed) twenty-five (25) State Permits to 

Operate. Under the amended regulations, two (2) of the twenty-five 

(25) sources would have potentially been exempt from State Permits 

to Operate and public participation requirements. In 2008, thirty (30) 

State Permits to Operate were issued (or renewed). Under the 

amended regulations one (1) of the sources would have potentially 

been exempt. In 2009, twenty-seven (27) State Permits to Operate 

were issued (or renewed). Under the amended regulations three (3) of 

the sources would have potentially been exempt. 

Examples of equipment or processes to be removed from the 

State Permit to Operate list include: reactors, distillation columns, 

evaporators and strippers that have pre-control potential-to-emit of 

less than 20 lbs of VOC per day for the equipment to be permitted 

and pre-control potential-to-emit of less than 100 lbs of VOC per day 

for the entire premises. Sources that would be affected by these 

amendments exist Statewide. 

Requirements: 

These amendments will not add any additional requirements for 

existing or new sources. 

Expected Emissions Reductions: 

No emissions reductions will result from these amendments. All of 

the existing emissions limits as well as all applicable monitoring, 

record keeping, and reporting requirements will remain the same. 

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estimate of Economic Impact 

I. Summary of Economic Impact. These amendments will 

reduce costs for certain low emission sources that are currently 

required to go through the public participation process to obtain a 

Permit to Construct and a State Permit to Operate. 

The Department will save staff time and expenses by not having to 

conduct public review for equipment or processes that: (1) are 

physically incapable of producing significant amounts of air 

pollution, (2) are not subject to extensive air pollution control 

regulations, or (3) have traditionally elicited very little interest from 

communities and individual citizens during the public participation 

process. 

While cost reductions are difficult to estimate, no increased cost to 

affected sources or the Department will be incurred as a result of 

these amendments. 

 Revenue (R+/R-) 

II. Types of Economic 

Impact. 

Expenditure 

(E+/E-) Magnitude 

 

A. On issuing agency: (E-) 

Unable to 

Estimate 

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.) 

A. The Department will save staff time and expenses by not 

having to conduct public review for equipment or processes that: (1) 

are physically incapable of producing significant amounts of air 

pollution, (2) are not subject to extensive air pollution control 

regulations, or (3) have traditionally elicited very little interest from 

communities and individual citizens during the public participation 

process. 

D. These amendments will reduce costs for certain low emission 

sources that are currently required to go through the public 

participation process to obtain a Permit to Construct and a State 

Permit to Operate. 

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 May 25, 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 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 May 25, 2011, 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. 

.01 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(1)—(49) (text unchanged) 

(50) “Solvent-based materials” means any material that 

contains 25 percent or more VOC by volume as applied, in the 

volatile portion of the material. 

[(50)] (51)—[(55)] (56) (text unchanged) 
PROPOSED ACTION ON REGULATIONS 

564 

MARYLAND REGISTER, VOLUME 38, ISSUE 9, FRIDAY, APRIL 22, 2011 

.10 Sources Exempt from Permits to Construct and Approvals. 

A person may construct or modify or cause to be constructed or 

modified any of the following sources without first obtaining, and 

having in current effect, a permit to construct: 

A.—W. (text unchanged) 

X. Other installations if: 

(1) The proposed installation is not subject to any sourcespecific State or federal limitation or [emission] emissions standard, 

including any mass emissions rate limitation, pollutant concentration 

limitation, material formulation standard, equipment performance 

standard, or work practice standard; 

(2) [The expected uncontrolled emissions are less than 1 ton 

per calendar year of each pollutant for which there is a federal 

ambient air quality standard or which is a Class II toxic air pollutant 

as defined in COMAR 26.11.15.01B(5), and] The emissions contain 

not more than 1 pound per day of a Class I toxic air pollutant, as 

defined in COMAR 26.11.15.01B(4); and 

(3) [The emissions contain not more than 1 pound per day of a 

Class I toxic air pollutant, as defined in COMAR 26.11.15.01B(4).]

The pre-control potential-to-emit from the proposed installation, 

combined with any potential increase in emissions from other 

installations that could be caused by the proposed installation, is less 

than 1 ton per calendar year for: 

(a) Volatile organic compounds; 

(b) Each pollutant for which there is a federal ambient air 

quality standard; and 

(c) Each Class II toxic air pollutant, as defined in COMAR 

26.11.15.01B(5). 

.13 Sources Subject to State Permits to Operate. 

A. Except for a source that is covered by a Part 70 permit, a 

person may not operate or cause to be operated any of the following 

sources without first obtaining, and having in current effect, a State 

permit to operate as required by this regulation: 

(1) General and by-product waste incinerators of 2,000 

[pounds/hour (907 kilograms/hour)] pounds (907 kilograms) or more 

per hour rated capacity, crematoriums, pathological [and] 

incinerators, incinerators burning special medical waste as defined in 

COMAR 26.13.11.02B, and sewage sludge incinerators; 

(2) Fuel-burning equipment, hot oil heaters, and stationary 

combustion turbines with a maximum rated heat input capacity of 50 

million [Btu/hour (52.8 gigajoules/hour)] Btu (52.8 gigajoules) or 

more per hour; 

(3) Glass melting furnaces of 1 [ton/hour (907 kilograms/hour)] 

ton (907 kilograms) or more per hour throughput, or 1 ton (907 

kilograms) or more capacity; 

[(4) Sintering machines—metallic ores and mineral products; 

(5) Coke ovens—all types of 1 ton/day (907 kilograms/day) or 

more throughput; 

(6) Scarfing machines—metal products only, all sizes;] 

[(7)] (4) Metallurgical furnaces involving molten metal holding 

1 ton (907 kilograms) or more of metal or having a throughput 

greater than 500 [pounds/hour (227 kilograms/hour)] pounds (227 

kilograms) per hour; 

[(8)] (5) (text unchanged) 

[(9)] (6) By-product recovery furnaces [—] of 1 ton (907 

kilograms) or more capacity or 1 [ton/hour (907 kilograms/hour)] ton 

(907 kilograms) or more per hour throughput; 

[(10)] (7) Lime kilns [—all types and sizes]; 

[(11)] (8) Cement kilns [—all types and sizes]; 

[(12)] (9) Other kilns of 1 [ton/hour (907 kilograms/hour)] ton 

(907 kilograms) or more per hour throughput; 

[(13)] (10)—[(15)] (12) (text unchanged) 

(13) Installations associated with chemical production 

facilities, including reactors, distillation columns, evaporators, and 

strippers, that have: 

(a) A pre-control potential-to-emit for VOC of 20 pounds or 

more per day; and 

(b) Are located at a premises that has a total pre-control 

potential-to-emit for VOC of 100 pounds or more per day from all 

chemical production processes subject to COMAR 26.11.19.30; 

(14) Mineral products or metallic ore through-circulation 

dryers of 5 tons (4540 kilograms) or more per hour throughput or 5 

tons (4540 kilograms) or more capacity; 

[(20)] (15) Spray dryers of 1 ton (907 kilograms) or more 

capacity or 1 [ton/hour (907 kilograms/hour)] ton (907 kilograms) or 

more per hour dry product throughput; 

[(16) Chemical reactors of 1 ton (907 kilograms) or more 

capacity or 1 ton/hour (907 kilograms/hour) or more throughput; 

(17) Varnish or resin cookers—all types of 500 pounds (227 

kilograms) or more capacity or 500 pounds/hour (227 

kilograms/hour) or more throughput; 

(18) Distillation equipment of 1,000 gallons/hour (3.8 cubic 

meters/hour) or more capacity; 

(19) Through-circulation dryers—mineral products or metallic 

ores, of 5 tons/hour (4540 kilograms/hour) or more throughput or 5 

tons (4540 kilograms) or more capacity;] 

[(21)] (16) Crushers, hammermills, shredders, grinders, 

classifying screens of 5 [tons/hour (4540 kilograms/hour)] tons (4540 

kilograms) or more per hour throughput; 

[(22) Ball mills and roller mills—dry type of 2 tons/hour (1810 

kilograms/hour) or more throughput;] 

(17) Dry type ball and roller mills of 2 tons (1810 kilograms) 

or more per hour throughput; 

[(23)] (18) VOC storage tanks required by State or federal 

regulations to have [vapor control] VOC recovery or control devices, 

except gasoline storage tanks at gasoline dispensing facilities not 

located at a bulk gasoline plant or a bulk gasoline terminal, as those 

terms are defined by COMAR 26.11.13.01B; 

[(24)] (19) Motor vehicle fuel storage tanks, except for diesel 

fuel, with a capacity of 40,000 gallons (151 cubic meters) or more 

[that are required to have vapor control devices]; 

[(25)] (20) Gasoline tank truck loading racks outloading 20,000 

[gallons/day (75.7 cubic meters/day)] gallons (75.7 cubic meters) or 

more per day; 

[(26) Chemical reclamation process equipment;] 

(21) VOC recovery installations, including distillation units 

and condensers, used to recover VOC for reuse in processes at a 

premises that has a total pre-control potential-to-emit for VOC of 

100 pounds or more per day from all VOC recovery installations; 

[(27)] (22) Inorganic chemical or pigment [chemical process 

equipment] production installations of 1 ton (907 kilograms) [per 

hour] or more per hour rated [capacity] product throughput; 

[(28)] (23) Coating, decorating, and impregnating lines with 

integral drying ovens at which [coatings or adhesives containing 

VOC] solvent-based materials are applied by automatic equipment to 

surfaces at a premises that has a total pre-control potential-to-emit 

for VOC emissions of 100 or more pounds per day from all coating, 

decorating, and impregnating lines; 

[(29)] (24) “Web printing” press lines with integral drying 

ovens as defined in COMAR 26.11.19.01B; 

[(30)] (25) Grain elevators and terminals of 10,000

[bushels/hour] bushels or more per hour grain leg capacity; 

[(31)] (26)—[(37)] (32) (text unchanged) 

[(38)] (33) Pulverized material separators with 1 ton (907 

kilograms) or more per hour [or more] capacity; 

[(39)] (34) Honeycomb core manufacturing [equipment]

installations; 
PROPOSED ACTION ON REGULATIONS 

565 

MARYLAND REGISTER, VOLUME 38, ISSUE 9, FRIDAY, APRIL 22, 2011 

[(40)] (35) Yeast production [equipment] installations;

[(41)] (36) Plastic credit card manufacturing [equipment]

installations; 

[(42)] (37) Magnetic tape manufacturing [equipment]

installations; 

[(43)] (38) Coal or ore export loading or unloading [equipment] 

installations; 

[(44)] (39) Petroleum-contaminated soil treatment [facility]

installations; 

[(45)] (40) Stainless steel manufacturing [equipment consisting 

of] installations including electric arc furnaces, argon-oxygen 

decarbonization vessels, re-heat furnaces, pickling lines, or slab and 

billet grinding; 

[(46)] (41) Catalyst manufacturing [equipment consisting of] 

installations including reactors, calciners, dryers, crushers, or 

classifying systems; 

[(47)] (42) Primary aluminum production [equipment 

consisting of] installations including potlines, anode bake ovens, 

reverbatory furnaces, or alumina handling systems; 

[(48)] (43) [Titanium] Installations associated with titanium

dioxide production [equipment] facilities, including chlorination 

reactors, oxidation reactors, and spray driers, of 1 ton (907 

kilograms) or more per hour physical capacity or 1 ton (907 

kilograms) or more per hour throughput capacity; 

[(49)] (44) Automobile or truck production and assembly 

[lines] premises; 

[(50)] (45) (text unchanged) 

[(51) Industrial waste or waste oil disposal or treatment 

equipment located at commercial facilities that collect or consolidate 

this waste from various sources;] 

(46) Waste oil disposal, treatment, or recovery installations 

located at commercial premises that collect or consolidate materials 

containing waste oil from more than one premises unless: 

(a) The total pre-control potential-to-emit for VOC from all 

such installations is less than 20 pounds per day; 

(b) The total pre-control potential-to-emit for Class I toxic 

air pollutants from all such installations is 1 pound or less per day, 

and for Class II toxic air pollutants is less than 1 ton per year; 

(c) Incoming waste materials, and any recovered oils, are 

not heated to a temperature greater than 212 o

F during any phase of 

transfer, processing or storage; and 

(d) Such installations do not require control equipment to 

comply with any Maryland air pollution control regulation, including 

regulations that prohibit odor and nuisance beyond facility 

boundaries; 

[(52)] (47) Synthetic fuel, rocket fuel, or explosives production

[equipment consisting of reactors, dryers, extruders, or mixers] 

premises of 500 pounds (227 kilograms) or more per hour product

[capacity or 500 pounds/hour (227 kilograms/hour) or more] 

throughput; 

[(53) Pharmaceutical manufacturing equipment consisting of 

reactors, dryers, centrifuges, or mixers of 500 pounds (227 

kilograms) or more capacity or 500 pounds/hour (227 

kilograms/hour) or more throughput;] 

(48) Synthesized pharmaceutical manufacturing installations 

that: 

(a) Have a pre-control potential-to-emit for VOC of 15 or 

more pounds per day; or 

(b) Are located at a premises that has a total pre-control 

potential-to-emit for VOC of 33 pounds or more per day from all 

synthesized pharmaceutical manufacturing processes; 

[(54)] (49) [Specialty] Shoe or footwear manufacturing [lines]

installations; 

[(55)] (50) Asphalt blowing and asphalt building products 

saturation or roll coating [equipment] installations;

[(56)] (51) Slab, billet, or ingot re-heat furnaces with a 

maximum rated heat input capacity of 50 million [Btu/hour (52.8 

gigajoules/hour)] Btu (52.8 gigajoules) or more per hour; 

[(57) Fiberglass or other polyester resin products production 

equipment with total plant-wide use of polyester resin greater than 50 

tons per year; 

(58) Paint manufacturing equipment consisting of mixing or 

blending vessels of 250 gallons (1 cubic meter) or more capacity or 

250 gallons/hour (1 cubic meter/hour) or more throughput; 

(59) Polytetrafluoroethylene (PTFE) products compounding 

and forming, impregnating, laminating, mixing, extruding, and drying 

equipment;] 

(52) Polyester resin products manufacturing installations, 

including installations manufacturing reinforced plastic products 

such as fiberglass, at a premises with a total polyester resin 

consumption of more than 50 tons per year; 

(53) All alkyd resin reactors and alkyd resin thin-down tanks; 

(54) Solvent-based paint manufacturing installations with a 

potential product throughput of 250 or more gallons per hour; 

(55) Flouropolymer products compounding and forming, 

impregnating, laminating, mixing, extruding, and drying 

installations; 

[(60)] (56) Hot-mix asphalt concrete production [plants]

installations; 

[(61)] (57) [Equipment] Installations used to treat wood with 

creosote or chrome copper arsenate (CCA) by impregnation in a 

pressurized vessel; 

[(62)] (58) Iron and steel production installations as defined in 

[COMAR 26.11.10.01B(2)(c)] COMAR 26.11.10.01B; 

[(63) Adhesive manufacturing equipment consisting of mixing, 

blending, or reactor vessels of 50 gallons (0.2 cubic meter) or more 

capacity or 50 gallons/hour (0.2 cubic meter/hour) or more 

throughput;] 

(59) Solvent-based adhesive manufacturing installations 

located at a premises with a total pre-control potential-to-emit for 

VOC of 50 pounds or more per day from all such installations; 

[(64)] (60) — [(65)] (61) (text unchanged) 

B. In determining whether a source has the potential to have a 

significant impact on air quality, for purposes of §A[(65)](61) of this 

regulation, the Department shall consider the following: 

(1)—(3) (text unchanged) 

C.—E. (text unchanged) 

F. A State permit to operate issued by the Department under 

§A[(64)](60) of this regulation is not a required permit to operate 

under Environment Article, §2-404(a)(1), Annotated Code of 

Maryland. 

G.—H. (text unchanged) 

ROBERT M. SUMMERS, Ph.D. 

Acting Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.19 Volatile Organic Compounds from 

Specific Processes 

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

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

Notice of Proposed Action 

[11-126-P] 

The Secretary of the Environment proposes to amend Regulation 

.11 under COMAR 26.11.19 Volatile Organic Compounds from 

Specific Processes. 
821 

Errata 

COMAR 10.27.07.05 

At 38:1 Md. R. 28 (January 3, 2011), col. 2, line 8 from the 

bottom: 

For: as a nurse practitioner by any nationally certifying body 

that was the 

Read: as a nurse practitioner by any national certification body 

that was the 

[11-14-52) 

COMAR 10.43.17.02 

In COMAR 10.43. 17.02B(6)(c)(iii), the cross-reference is 

corrected as follows: 

For: (iii) Laying on of hands, consisting of pressure or 

movement, with the exception of such techniques described in 

§B(7)(a) of this regulation on a fully clothed individual to specifically 

affect the electromagnetic energy or energetic field of the human 

body. 

Read: (iii) Laying on of hands, consisting of yressure or 

movement, with the exception of such techni�ues described in 

§B(6)(a) of this regulation on a fully clothed indiVidual to specifically 

affect the electromagnetic energy or energetic field of the human 

body. 

[11-14-59) 

COMAR 10.43.19.03 

At 37:26 Md. R. 1809 (December 17,2010), col. 2 line 30 (rom 

the bottom: 

For: (iv) Stationary; 

Read: (iv) Stationery; 

[11-14-50] 

COMAR 26.11.02.01 

At 38:9 Md. R. 563 (April 22, 20 II), column 2, lines 2 - 4 from 

the bottom: 

For: (50) "Solvent-based materials" means any material that 

contains 25 percent or more VOC by volume as applied, in the 

volatile portion of the material. 

Read: (50) "Solvent-based materials" means any material that 

contains 25 percent or more VOC by volume as applied, in the 

volatile portion of the material. 

[11-14-47) 

COMAR 26.11.13.03A 

For: 

(3) Inspection Requirements. A person owning a gasoline or 

VOC storage tank subject to §A(1)(a) of this regulation shall: 

Read: 

(3) Inspection Requirements. A person owning a gasoline or 

VOC storage tank subject to §A(l)(b)(i) of this regulation shall: 

COMAR 26.11.13.04A 

For: 

(3) Test Procedures. 

(a) Testing for leak-tight conditions, as required in 

§A(l)(b)(ii) of this regulation, shall be conducted as prescribed in 

Method 1008 of the Department's Technical Memorandum 91-01, 

"Test Methods and Equipment Specifications for Stationary Sources" 

(January 1991) which is incorporated by reference in COMAR 

26.11.0l.04C. 

(b) The test procedures to determine mass emission rate 

compliance as required in §A(I)(a) of this regulation, shall be as 

prescribed in Method 1009 of the Department's Technical 

Memorandum 91-01, "Test Methods and Equipment Specifications 

for Stationary Sources" (January 1991), which is incorporated by 

reference in COMAR 26.11.01.04C. 

Read: 

(3) Test Procedures. 

(a) Testing for leak-tight conditions, as required in 

§A(J,) b)(ii) of this regulation, shall be conducted as prescribed in 

Method 1008 of the Department's Technical Memorandum 91-01, 

"Test Metfiods and Equipment Specifications for Stationary Sources" 

which is incorporated by reference in COMAR 26.1l.0l.04C. 

(b) The est procedures to determine mass emission rate 

compliaqce as required in §A(1)(a) of this regulation, shall be as 

prescribed in Method 1009 of the Department's Technical 

Memorandum ..91-0], "Test Methods and Equipment Specifications 

for Stationary Sources", which is incorporated by reference in 

C9MAR 26.11.01.04C. 

COMAR 26.11.13.05A 

For: 

(2) Use the certification test procedures as prescribed in 

Method 1007 of the Department's Technical Memorandum 9]-0], 

�'Test Methods and Equipment Specifications for Stationary Sources" 

(January 1991), which is incorporated by reference in COMAR 

26.11.01.04C; and 

Read: 

(2) Use the certification test procedures as prescribed in 

Method 1007 of the Department's Technical Memorandum 91-01, 

"Test Methods and Equipment Specifications for Stationary 

Sources", which is incorporated by reference in COMAR 

26.11.0l.04C; and 

COMAR 26.11.19.26C 

For: 

(2) Except as provided in §C(3) of this regulation, a person 

subject to this regulation with actual VOC emissions of 100 pounds 

or more per day shall also use an improved application method such 

as: 

Read: 

(2) A person subject to this regulation with actual VOC 

emissions of 100 pounds or more per day shall also use an improved 

application method such as: 

[11-14-46] 

MARYLAND REGISTER, VOLUME 38, ISSUE 14, FRIDAY, JULY 1,2011 
FINAL ACTION ON REGULATIONS 

1014 

MARYLAND REGISTER, VOLUME 38, ISSUE 17, FRIDAY, AUGUST 12, 2011 

system [[who was]] and have been rated as a satisfactory or effective 

teacher; and 

(4) (proposed text unchanged) 

G. (proposed text unchanged) 

NANCY S. GRASMICK 

State Superintendent of Schools 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

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 

Notice of Final Action 

[11-127-F] 

On July 29, 2011, the Secretary of the Environment adopted 

amendments to Regulations .10 and .11 under COMAR 26.11.01 

General Administrative Provisions. This action, which was 

proposed for adoption in 38:9 Md. R. 561—562 (April 22, 2011), has 

been adopted as proposed. 

Effective Date: August 22, 2011. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

Notice of Final Action 

[11-025-F] 

On July 29, 2011, the Secretary of the Environment adopted 

amendments to: 

(1) Regulations .10 and .11 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulations .01 and .05 under COMAR 26.11.09 Control 

of Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuel-Burning Installations. 

This action, which was proposed for adoption in 38:2 Md. R. 

104—106 (January 14, 2011), has been adopted with the 

nonsubstantive changes shown below. 

Effective Date: August 22, 2011. 

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: 

Regulation 26.11.01.11E(2)(a): The removal of this paragraph 

eliminates an apparent conflict regarding the appropriate data 

reduction averaging time for Continuous Emissions Monitors 

(CEMs) in 26.11.01.11. The conflict was created when the language 

of Regulation 26.11.01.10D(2)(a) was erroneously duplicated and 

inserted as Regulation 26.11.01.11E(2)(a). Regulation .11 applies 

only to CEMs, whereas Regulation .10 applies only to Continuous 

Opacity Monitors (COMs). The language of Regulation .11D(2), 

Data Reduction, reads: “A CEM used to monitor a gas concentration 

shall record not less than four equally spaced data points per hour and 

automatically reduce data in terms of averaging time consistent with 

the applicable emission standard”. The language in Regulation 

.11D(2) is correct for CEMs and applies to several different monitors, 

each specific to different federal air quality standard. Consequently, 

when Regulation .11E(2)(a) is eliminated the requirement to “reduce 

all data to six-minute block averages calculated from 24 or more 

equally spaced data points” will still exist for COMs, as appropriate 

in Regulation .10D(2)(a). 

Elimination of Regulation .11E(2)(a) does not increase the 

requirements or stringency of the regulation and it does not decrease 

the benefits of the regulation. 

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 

.11 Continuous Emission Monitoring Requirements. 

A. — D. (proposed text unchanged) 

E. Record Keeping and Reporting Requirements. 

(1) (proposed text unchanged) 

(2) CEM Data Reporting Requirements. 

[[(a) A CEM shall automatically reduce all data to 6-minute 

block averages calculated from 36 or more equally spaced data 

points.]]

[[(b)]] (a) — [[(e)]] (d)

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

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] 2-402, and 2-404, Annotated Code of Maryland 

Notice of Final Action 

[11-128-F] 

On August 1, 2011, the Secretary of the Environment adopted 

amendments to Regulations .01, .10, and .13 under COMAR 

26.11.02 Permits, Approvals, and Registration. This action, which 

was proposed for adoption in 38:9 Md. R. 562—565 (April 22, 

2011), has been adopted as proposed. 

Effective Date: August 22, 2011. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Title 33 

STATE BOARD OF 

ELECTIONS 

Subtitle 16 PROVISIONAL VOTING 

33.16.02 Provisional Voting Documents and 

Supplies 

Authority: Election Law Article, §9-403, Annotated Code of Maryland 

Notice of Final Action 

[11-152-F] 

On July 28, 2011, the State Board of Elections adopted 

amendments to Regulation .01 under COMAR 33.16.02 Provisional 

Voting Documents and Supplies. This action, which was proposed 
PROPOSED ACTION ON REGULATIONS 

730 

MARYLAND REGISTER, VOLUME 38, ISSUE 12, FRIDAY, JUNE 3, 2011 

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. 

Subtitle 11 AIR QUALITY 

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] 2-402, and 2-404, Annotated Code of Maryland 

Notice of Change to Opportunity for Public Comment 

[11-128-P] 

The Opportunity for Public Comment notice for COMAR 

26.11.02.01, .10, and .13, which was originally published in 38:9 Md. 

R. 562 (April 22, 2011), has been changed. The hearing and deadline 

for comments have been rescheduled, and the new date appears in the 

corrected notice below. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on July 11, 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 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 July 11, 2011, 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. 

Subtitle 11 AIR QUALITY 

26.11.19 Volatile Organic Compounds from 

Specific Processes 

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

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

Notice of Proposed Action 

[11-126-P] 

The Opportunity for Public Comment notice for COMAR 

26.11.19.11, which was originally published in 38:9 Md. R. 565 

(April 22, 2011), has been changed. The hearing and deadline for 

comments have been rescheduled, and the new date appears in the 

corrected notice below. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on July 11, 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 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 July 11, 2011, 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. 

Title 31 

MARYLAND INSURANCE 

ADMINISTRATION 

Subtitle 10 HEALTH GENERAL 

31.10.41 Assignment of Benefits to Nonpreferred 

Providers 

Authority: §§2-109, 14-205.2, and 14-205.3, Annotated Code of Maryland 

Notice of Proposed Action 

[11-149-P] 

The Acting Commissioner of the Maryland Insurance 

Administration proposes to adopt new Regulations .01—.07 under a 

new chapter, COMAR 31.10.41 Assignment of Benefits to 

Nonpreferred Providers. This new chapter is being proposed 

pursuant to Ch. 537, Acts of 2010. 

Statement of Purpose 

The purpose of this action is to establish the procedure for 

nonpreferred providers who are physicians, including on-call 

physicians and hospital-based physicians, to accept an assignment of 

benefits. An assignment of benefits refers to a patient authorizing an 

insurance carrier to reimburse a health care provider directly rather 

than reimbursing the patient. 

The new chapter includes disclosure language that must be 

provided to patients when a nonpreferred provider, who is a 

physician, but who is not an on-call or hospital-based physician, 

wishes to accept an assignment of benefits. If a patient does not 

provide an assignment of benefits to the nonpreferred provider, and 

the patient submits a claim for services to the carrier, then the carrier 

is required to provide certain information to the patient. The 

information that must be provided and the notification method is also 

set forth in these regulations. 

A nonpreferred provider who is an on-call or hospital-based 

physician who accepts an assignment of benefits must consider 

payment from the insurance carrier to be payment in full and the 
Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the Public Hearing 

Relating to Clarification of the Types of Sources that are Exempt from Permit to Construct 

and Permit to Operate Requirements 

held on July 11, 2011 

Baltimore, MD 

My name is Deborah Rabin. I am the Regulations Coordinator for the Air and Radiation 

Management Administration, Department of the Environment. 

This public hearing is being held pursuant to the requirements of 40 CFR Section 51.102 and 

Sections 2-301 et. seq. of the Environment Article, Annotated Code of Maryland. It is also being 

held in conformance with the State Administrative Procedures Act under the State Government 

Article, beginning at Section 10-101. 

Notice of this hearing appeared in the: 

Maryland Register on April 22, 2011(hearing date/end of comment period 

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

MDE's website from May 26, 2011 through July 11, 2011. 

Copies of these notices were submitted for the record. 

Copies of this proposed action and supporting documents were made available for review by the 

State Clearinghouse and are also submitted at this time into the hearing record. Copies were also 

made available for public inspection at the Air and Radiation Management Administration 

offices in Baltimore, Cumberland, and Salisbury, and at all local health departments or local air 

quality control offices. 

The purpose of today's hearing is to give the public an opportunity to comment on proposed 

amendments to Regulations .01, .10 and .13 under COMAR 26.11.02 Permits, Approvals, and 

Registration. The proposed amendments were published in the Maryland Register on April 22, 

2011. 

Summary 

The purpose of this action is to: 

(1) clarify the requirements under COMAR 26.11.02.10X (Sources Exempt from Permits to 

Construct and Approvals) which must be met in order for an installation not otherwise exempted 

under sections A-W of the regulation to obtain an exemption from the Permit to Construct 

requirements. 

(2) clarify what installations must obtain a State Permit to Operate under 26.11.02.13 (Sources 

Subject to State Permits to Operate) and exclude: 

1 
(a) sources that emit insignificant amounts of air pollutants; 

(b) sources that are not subject to extensive air pollution control regulations; and 

(c) sources that traditionally have elicited very little interest from communities and 

individual citizens in the public participation process. 

(3) the definition of the term solvent-based materials was added to COMAR 26.11.02.01B 

Terms Defined as it applies to the sources listed in COMAR 26.11.02.13A(28), (54), and (59). 

Errata 

Please note that a publication error was made in the Proposed Action published in the Maryland 

Register. The new definition (50) "Solvent-based materials" was not italicized as it should have 

been. That error was corrected by the Division of State Documents staff and published in the 

July 1, 2011 Maryland Register, Volume 38, Issue 14, page 821. 

State Implementation Plan 

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

as part of Maryland's State Implementation Plan. 

Affected Sources

COMAR 26.11.02.10X Sources Exempt from Permit to Construct and Approvals

Sources with “pre-control potential to emit” levels of air pollution below the Permit to Construct 

exemption level would not require a Permit to Construct. 

COMAR 26.11.02.13 Sources Subject to State Permits to Operate

Sources with equipment or processes that are not capable of producing significant air pollution 

emissions will no longer be required to obtain a State Permit to Operate. 

Examples of equipment or processes to be removed from the State Permit to Operate list include: 

reactors, distillation columns, evaporators and strippers that have pre-control potential to emit of 

less than 20 lbs of VOC per day for the equipment to be permitted and pre-control potential to 

emit of less than 100 lbs of VOC per day for the entire premises. Sources that would be affected 

by these amendments exist statewide. 

Requirements

These amendments will not add any additional requirements for existing or new sources. 

Expected Emissions Reductions

No emissions reductions will result from these amendments. All of the existing emissions limits 

as well as all applicable monitoring, record keeping and reporting requirements will remain the 

same. 

2 
Consideration of Comments 

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

amendments. 

3 
� 

i 

" 

�1 

1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION 

3 

4 

5 PUBLIC HEARING 

6 

7 PROPOSED AMENDMENTS TO CLARIFY WHICH SOURCES 

8 ARE EXEMPT FROM PERMIT TO CONSTRUCT AND 

9 PERMIT TO O PERATE REQUIREMENTS 

10 

11 

12 

13 

14 The hearing in above matter commenced on 

15 Monday, July 11, 2011, at MDE Headquarters, 

16 Mont Park, 1800 Washington Boulevard, Baltimore, 

17 Maryland. 

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19 BEFORE: DEBORAH RABIN, Hearing cer 

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21 by: Linda Metcalf 

For The Record, Inc. 

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KATHLEEN PERRY, Legislative Coordinator 

DEBORAH RABIN, Regulation opment Coordinator 

Regulation Development Division - ARMA 

Maryland rtment of the Environment 

1800 Wa on Boulevard, 730 

Baltimore, Maryland 21230 

For The Record, Inc. 

(301) 870-8025 - www.ftrinc.net - (800) 921 -5555 

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1 I N D E X 

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3 Speaker: 

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5 Deborah Rabin 6 

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P RO C E E D I N G S 

MS. PERRY: Good morning. On behalf 

of the Environment and the Air and ion 

Management Administration, I would like to welcome you to 

s public hearing. 

My name is Perry and I am the 

s ive Coordinator the Air and Radiation 

Management Administration. I will serve as 

f for today's ing. 

I would like to ask all of you in att 

to please sign in, if you haven't done so 

This will help us to keep an accurate record 

e who participate in hearing. Also, 

our regulation proposal, documents, and 

's statement are l able on the 

your information. 

This hearing concerns Air Quality Regul 

ready. 

es of 

ons 

found in the Code of Ma Regulations, Title 26, 

Subt Ie 1 1, Air Quality. The Secretary of the 

rtment proposes to Regulations .01, . 10 and . 13 

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under COMAR 26. 11. 02, Permits, Approvals, and 

Registration. 

The purpose 0 this hearing is to give you the 

opportunity to comment on this action. 

A revision to the Opportunity for Public 

Comment this proposed action appeared in the Maryland 

Register, Volume 38 , I ssue 12, Page 730 on June 3, 2011. 

The revis included a ng date and end of 

comment period date change. The original Opportunity for 

Public Comment section was published in Maryland 

Register on April 22, 2011 (Volume 38, I ssue 9, Page 

563) . 

The hearing will proceed in the following 

order. rst, Deborah Rab will make a statement on 

behalf of the Air and Radiation Management 

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

on any el official or rnment off 1 who wants 

to make a statement. Then, I will call upon anyone else 

who indicated on the sign- sheet that he or she would 

like to make a statement. 

ease let the record reflect that nobody has 

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appeared to comment on this lation. 

I 11 now calI on Ms. Rabin. 

MS. RABIN: Good morning, my name is Debbie 

Rabin, I'm the Regulation Coordinator for the Air 

Radiation Management Administration, Department of 

Environment. Please let the show again that no 

one has come to attend this publ hearing; there 

am submitting the hearing statement into the reco 

S tatement of the Air and 

Radiation Management Administration 

D epartment of the E nvironment 

for the P ublic Hearing 

Relating to Clarification of the Types of S ources 

that are E xempt from P ermit to Construct and 

P ermit to Operate Requirements 

held on July 11, 2011 

B altimore, MD 

My name is Deborah Rabin. I am the Regulat 

Coordinator the Air and Radiat 

Administration, Department of 

For The Record, Inc. 

Management 

ronment. 

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This publ hearing is being held to 

the requirements of 40 CFR Section 51. 102 Sections 2-

301 et. seq. of t Environment Article, Annotated Code 

of Maryland. It is also being held in with 

the State Admi strative Procedures Act under the State 

Government Arti , beginning at Section 10-101. 

Notice of s hearing appeared t 

Maryland Register on April 22, 20ll(hearing e/end of 

comment period published in the Maryland 

Register on June 3, 2011); and MOE's website from May 26, 

2011 through July 11, 2011. 

Copies of these notices were submitt for the 

record. 

Copies of this proposed action and ing 

documents were available for review by State 

Clearinghouse and are so submitted at this time o 

the hearing record. were also made available 

public inspection at the r and Radiation Management 

Administration ces in Baltimore, Cumberland, and 

Salisbury, and at all local health departments or local 

air quality control offices. 

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The purpose of today's hear is to give 

public an opportunity to comment on proposed amendments 

to Regulations .01, . 10 and .13 under COMAR 26. 11.02 

Permits, Approvals, and Registration. proposed 

amendments were publi in the Maryland Register on 

April 22, 2011. 

Summary 

The purpose of this action is to: 

(1) clarify the irements under COMAR 

26.11. 02. 10X (Sources from Permits to Construct 

and Approvals) which must be met in order for an 

instal ion not othe se exempted under sections A-W of 

the ation to obtain an exemption from the Permit to 

Construct requirements. 

(2) clarify what stallations must obtain a State 

Permit to Operate under 26.11.02.13 (Sources Subject to 

State s to Operate) and exclude: 

(a) sources emit insignificant amounts of 

air pollutants; 

(b) sources are not subject to extensive 

air ion control lations; and 

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(c) sources that traditionally have elicited 

very 1 Ie interest communit s and individual 

ma 

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izens in the public partic process. 

(3) the definition of the term solvent-based 

als was added to COMAR 26.11.02.01B Terms Def 

applies to the sources listed in COMAR 

26.1l.02.1 (28), (54), and (59). 

Errata 

Please note that a publication error was made 

in the Proposed Action published in the Maryland 

The new ion (50) "Solvent-based 

als" was not italicized as should have been. 

That error was corrected by the Division of State 

Documents staff and published in the 1, 20 11 

Maryland Register, Volume 38 , Issue 14, page 821. 

State Implementation Plan 

This action will be submitt to the U.S. 

ronmental Protection Agency (EPA) for approval as 

part of Maryland's State ementation 

Affected Sources 

COMAR 26.11.02.10X Sources Exempt from Permit to 

For The Record, Inc. 

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 

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1 Construct and Approvals 

2 Sources with rol potential to /I 

3 1 s of air pollution ow the Permit to Construct 

4 ion level would not re a Permit to Construct. 

5 COMAR 26. 11. 02. 13 Sources Subject to State Permits to 

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7 Sources with or processes are 

8 not capable of producing s cant air pollution 

9 ssions will no longer red to obtain a State 

10 t to Operate. 

11 Examples of equ or processes to 

12 from the State Pe t to Operate list ude: 

13 reactors, distillation columns, evaporators and strippers 

14 have pre-control to emit of less 20 

15 Ibs of VOC per day for equipment to be and 

16 potential to of less than 100 of VOC 

17 per day for the entire ses. Sources that would be 

18 af by these amendments st statewide. 

19 Requirements 

20 These amendments will not add any addit 1 

21 s for existing or new sources. 

For The Record, Inc. 

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Expected E missions Reductions 

No emiss reductions will result from 

amendments. All of existing emissions limits as well 

as all applicable monitoring, record keeping and 

ing requirements will remain same. 

Consideration of Comments 

The Department will consider all comments 

making a decis to adopt these amendments. 

MS. PERRY: Thank you, Ms. Rabin. Are there 

comments? 

(No response.) 

MS. PERRY: s will conclude public 

regarding sed amendments to Regulations . 01, 

. 10 and . 13 under COMAR 26. 11. 02, Permits, Approvals, and 

Registration. 

Let the record ect that it is now 10:29 

a. m. , and this hearing is cially concluded. 

(Whereupon, the hearing was concluded.) 

For The Record, Inc. 

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audiotapes 

CERTIFICATE OF COURT REPORTER 

Metcalf, do hereby certi that the 

ion was reduced to t ing via 

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by me; that I am ne r counsel for, 

nor relat to, nor employed by any of the parties to the 

case in whi these proceedings were transcribed; that I 

am not a re or employee of any attorney or counsel 

employed by ies hereto, nor al or 

otherwise ed in the outcome of the on. 

LINDA METCALF 

Court Reporter 

For The Record, Inc. 

(301) 870-8025 - www.ftrinc.net - (800) 921-5555 
NO ONE ATTENDED THE PUBLIC HEARING 
Debbie Rabin - Comments due May25 for COMAR26.11.02 

From: 

To: 

Date: 

Subject: 

Peggy J Horst <phorst@wlgore.com> 

Peggy J Horst <phorst@wlgore.com>, <drabin@mde.state.md.us> 

5/24/2011 6:09 PM 

Comments due May25 for COMAR26.11.02 

Page 1 of 2 

CC: Lisa A Walton <lwalton@wlgore.com>, William L Livingston <wlivings@wlgore.com>, 

Mary M MaloneyHuss <mmaloney@wlgore.com>, <mgurley@mde.state.md.us>, 

<cwheeling@mde.state.md.us> 

Ms. Deborah Rabin 

Regulations Coordinator, Air and Radiation Management Administration 

Maryland Department of the Environment 

1800 Washington Boulevard, Suite 730 

Baltimore, MD 21230-1720 

Email: drabin@mde.state.md.us 

RE: COMAR26.11.02 (.01), (.10) & (.13) Permits, Approvals & Registration 

Notice posted MD Register April 22, 2011 

Hearing & comments due by May 25, 2011 at lOam IB Floor Conference Room 

C0MAR26.11.02.13 Sources Subject to State Permits to Operate 

"(55) Flouropolymer products compounding andjorming, impregnating, laminating, mixing, extruding, 

and drying installations; " 

Dear Ms. Rabin, 

W.L. Gore & Associates, Inc. is commenting on the above referenced regulatory changes. After review 

of the changes, we feel that the wording should reflect the definitions and wording referenced in 

COMAR 26.11.19.30 "Control of Volatile Organic Compounds from Chemical Production and 

Fluoropolymer Material Installations". 

Gore is proposing to modify the proposed wording in (55) to read as follows: 

"(55) Flouropolymer material (FPM) process installations that treat FPM so that its shape or form is 

permanently changed and that results in VOC emissions greater than 20 lbs per day into the air. " 

As you are aware, Gore utilizes two primary triggers for PTO: 

1) as proposed by MDE: "(23) Coating, decorating, and impregnating lines with integral drying 

ovens at which solvent-based materials are applied by automatic equipment to surfaces at a premises 

that has a total pre-control potential-to-emit for VOC emissions of 100 or more pounds per day from all 

coating, decorating, and impregnating lines;" 

2) as proposed by MDE: "(55) Flouropolymer products compounding and forming, impregnating, 

laminating, mixing, extruding, and drying installations; " 

Our proposed change is consistent with the definition in COMAR 26.11.19 .30B(7), however does not 

include FPM coating installations, as defined. Since Gore utilizes PTO (23) for coating with integral 

drying ovens, our FPM coating/impregnating lines will still trigger PTOs. 

Additionally, Gore is proposing to consolidate the language around "compounding and forming, 

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Page 2 of 2 

impregnating, laminating, mixing, extruding, and drying equipment". Using the language in 

COMAR26.11.19.30, we propose to use the terms "shape or form" which accurately describe our 

processes. 

The terms "shape or form" easily fits the majority of the Gore processes of compounding, forming, 

impregnating, laminating, and drying. Other process units, that do not fit the "shape or form" terms, fall 

under PTO (23) for coating/impregnating. 

As you see above in our proposed wording, Gore is also requesting to add a deminimus statement to 

(55), so as not to overburden the State with new applications. MDE's proposed wording will result in 

many processes requiring permitting, which "are physically incapable of producing significant amounts 

of air pollution". We estimate that MDE's proposed language will require at least 15 units to obtain new 

permitting. 

We feel that our proposed changes will continue to capture point sources that have emissions, without 

flooding the State with applications for units with insignificant emissions. Please feel free to call me if 

you have any questions regarding our comments or would like to discuss this further. 

Thank you, 

Peggy J. Horst 

Environmental Engineer 

W.L. Gore & Associates, Inc 

Elk Mills I Facility 

501 Vieve's Way 

Elkton, MD 21921 

(410) 506-3627, cell (443) 309-4065 

fax (410)506-3805 

phorst@wlgore.com 

tA Please consider the environment before printing this email 

file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4DDBF44EMD... 5/26/2011 
DEPARTMENT OF THE ENVIRONMENT 

AIR AND RADIATION MANAGEMENT ADMINISTRATION 

RESPONSE TO COMMENTS 

for the 

PUBLIC HEARING held on July 11,2011 

in BALTIMORE, MD 

related to Proposed Amendments to Regulations .01, .10 and .13 under COMAR 26.11.02 

Permits, Approvals, and Registration. 

Purpose of Hearing: The purpose of this hearing is to allow for public comment on the 

Department's proposal to amend Regulations .01, .10 and .13 under COMAR 26.11.02 Permits, 

Approvals, and Registration. 

The purpose of the amendments is to: 

(1) clarify the requirements under COMAR 26.11.02.1 OX (Sources Exempt from Permits to 

Construct and Approvals) which must be met in order for an installation not otherwise 

exempted under sections A-W of the regulation to obtain an exemption from the Permit 

to Construct requirements. 

(2) clarify what installations must obtain a State Permit to Operate under 26.11.02.13 

(Sources Subject to State Permits to Operate) and exclude: (a) sources that emit 

insignificant amounts of air pollutants, (b) sources that are not subject to extensive air 

pollution control regulations, and (c) sources that traditionally have elicited very little 

interest from communities and individual citizens in the public participation process. 

Date and Location: The public hearing was held on July 11, 2011 at the Department of the 

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

21230. 

Hearing Officer: Deborah Rabin, Regulations Coordinator, within the Air and Radiation 

Management Administration, served as Hearing Officer. 

Attendance: No one attended the public hearing 

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

Regulations Coordinator, within the Air and Radiation Management Administration 

Administration. 

1 
Comments and Responses: The comments that Department received during the 30-day comment 

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

given below. 

COMMENT: W.L. Gore & Associates, Inc. submitted a comment via electronic mail on May 

24,2011 in reference to proposed amendments to COMAR 26.11.02.13A(55) Sources Subject to 

State Permits to Operate. W.L. Gore & Associates, Inc. stated that the wording should reflect the 

definitions and wording referenced in COMAR 26.11.19.30 "Control of Volatile Organic 

Compounds from Chemical Production and Fluoropolymer Material Installations". W.L. Gore & 

Associates, Inc. proposed modifying the current proposed amended language to read as follows: 

"(55) Flouropolymer material (FPM) process installations that treat FPM so that its shape or 

form is permanently changed and that results in VOC emissions greater than 20 lbs per day into 

the air. " 

RESPONSE: The proposed amended language of COMAR 26.11.02.13A(55) which reads 

"Flouropolymer products compounding and forming, impregnating, laminating, mixing, 

extruding, and drying installations " was developed specifically for the processes at W.L. Gore & 

Associates, Inc. On July 11, 2008, at the request ofW.L. Gore & Associates, Inc, amendments to 

COMAR 26.11.19.30 Volatile Organic Compounds from Specific Processes were finalized in a 

notice of emergency action to change the term polytetrajluoroethylene (PTFE) to jlouropolymer 

material (FPM). The current proposed amendments to COMAR 26.11.02.13 Sources Subject to 

State Permits to Operate are administrative changes to make the regulation language of COMAR 

26.11.02.13 Sources Subject to State Permits to Operate more consistent with COMAR 

26.11.19.30 Control of Volatile Organic Compounds from Chemical Production and 

Fluoropolymer Material Installations, as well as industry and EPA terminology. The 

Department's intent was to correct an inconsistency in the regulatory language. The nonsubstantive change does not subject any new sources not previously subject to the regulation, to 

become subject to the regulation as amended. W.L. Gore & Associates, Inc. can submit a 

proposal to have the regulation amended at a later date. 

2 
Page 1 01 L 

Debbie Rabin - Notice of Public Hearings Please confirm receipt 

From: 

To: 

Date: 

Debbie Rabin 

All County Environmental Health Directors; All County Health Officers; All MDE Field Office 

Personnel 

5/31/2011 10:49 AM 

Subject: Notice of Public Hearings Please confirm receipt 

CC: Angelo Bianca; Horacio Tablada; Jay Sakai; Rich Eskin; Tad Aburn 

Attachments: Opacity Amend in MD Reg 4-22-20 11. pdf; Permit Clarifications NPA in MD Reg 4-22-

2011.pdf; 26-11-19-11 NPA in MD Reg 4-22-2011.pdf 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR & 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 

and submission of regulations to the Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan 

(SIP). The actions are briefly described below: 

-

1. Opacity amendments under COMAR 26.11.01 

This action will amend Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions. The purpose 

of this action is to remove the references to Technical Memorandum 90-01 from the Department's opadty regulations under 

COMAR 26.11.01.10 and COMAR 26.11.01.11 and clarify that the Quality Assurance/Quality Control for Continuous Opacity 

Monitors (COM) is now located in COMAR 26.11.31. 

2. Clarification of Permit to Construct and Permit to Operate Exemptions 

This action amends Regulations .01, .10 and .13 under COMAR 26.11.02 Permits, Approvals, and Registration. The 

purpose of this action is to 

(1) clarify requirements under COMAR 26.11.02.10X (Sources Exempt from Permits to Construct and Approvals) and (2) clarify 

what installations must obtain a State Permit to Operate under 26.11.02.13 (Sources Subject to State Permits to Operate. 

3. Lithographic and Letter Press Printing 

This action will amend Regulation .11 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes to 

incorPorate EPA's CTG for lithographic and letterpress printing into Maryland's current regulations for the control of volatile organic 

compounds (VOC). 

The full text of the proposed actions appeared in the Maryland Register and at 

http://ww.dsd.state.md.us/mdreqister/mdreqister.aspx on April 22, 2011. The Proposed Actions are also attached to 

this hearing notice. Please note that the date for the public hearing and end of the comment period have changed from 

what was published in the April 22, 2011 Issue of the Maryland Register. The corrected date is indicated below and will 

also be noted in the June 3, 2011 Issue of the Maryland Register. 

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 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. 

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

Public hearings on the proposed actions will be held on July 11, 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 emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223. Comments must be received not later than July 11, 

2011, or be submitted at the hearing. For more information, call Deborah Rabin at (410) 537-3240. 

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Page 2 of 2 

Anyone needing special accommodations at a public hearing should contact the Department's Fair Practices Ofce at (410) 537-3964. TIY 

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

Deborah Rabin, Regulations Coordinator 

Air & Radiation Management Admini$l:ration 

Maryland Dept. of the Environment 

1800 Washington Blvd., Suite 730 

Baltimore, MD 21230 

Telephone Number: (410)-537-4414 

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Page 1 of 2 

Debbie Rabin - Notice of Public Hearings - Please Confirm Receipt 

From: 

To: 

Date: 

Debbie Rabin 

Ali Mirzakhalili; Cecily Beall; Diana Esher; John Benedict; Joyce Epps; Linda Janey; Michael 

Dowd 

5/31/2011 10:48 AM 

Subject: 

cc: 

Notice of Public Hearings - Please Confirm Receipt 

Chris Cripps; Cristina Fernandez; Dave Campbell; David Arnold; Hal Frankford; Kathleen 

Cox; Marcia Spink; Marilyn Powers 

Attachments: Opacity Amend in MD Reg 4-22-2011.pdf; Permit Clarifications NPA in MD Reg 4-22-

2011.pdf; 26-11-19-11 NPA in MD Reg 4-22-2011.pdf 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR & 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 

and submission of regulations to the Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan 

(SIP). The actions are briefly described below: 

-

1. Opacity amendments under COMAR 26.11.01 

This action will amend Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions. The purpose 

of this action is to remove the references to Technical Memorandum 90-01 from the Department's opacity regulations under 

COMAR 26.11.01.10 and COMAR 26.11.01.11 and clarify that the Quality Assurance/Quality Control for Continuous Opacity 

Monitors (COM) is now located in COMAR 26.11.31. 

2. Clarification of Permit to Construct and Permit to Operate Exemptions 

This action amends Regulations .01, .10 and .13 under COMAR 26.11.02 Permits, Approvals, and Registration. The 

purpose of this action is to 

(1) clarify requirements under COMAR 26.11.02.10X (Sources Exempt from Permits to Construct and Approvals) and (2) darify 

what installations must obtain a State Permit to Operate under 26.11.02.13 (Sources Subject to State Permits to Operate. 

3. Lithographic and Letter Press Printing 

This action will amend Regulation .11 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes to 

incorporate EPA's CTG for lithographic and letterpress printing into Maryland's current regulations for the control of volatile organic 

compounds (VOC). 

The full text of the proposed actions appeared in the Maryland Register and at 

http://www.dsd.state.md.us/mdregister/mdregister.aspx on April 22, 2011. The Proposed Actions are also attached to 

this hearing notice. Please note that the date for the public hearing and end of the comment period have changed from 

what was published in the April 22, 2011 Issue of the Maryland Register. The corrected date is indicated below and will 

also be noted in the June 3, 2011 Issue of the Maryland Register. 

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 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 July 11, 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 emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223. Comments must be received not later than July 11, 

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) 537-3964. TIY 

file:/IC:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4DE4C788MDE... 5/31/2011 
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 

Page 2 of 2 

file:IIC:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4DE4C788MDE... 5/3112011 
Martin 0 'Malley 

Governor 

Antho'!J G. Brown 

U. Governor 

Maryland Department of Planning 

June 2, 2011 

Ms. Debbie Rabin 

Regulations Coordinator, Air & Radiation Management Administration 

Maryland Department of the Environment 

1800 Washington Boulevard 

Suite 730 

Baltimore, MD 21230-1720 

STATE CLEARINGHOUE REVIEW PROCESS 

State Application Identifier: MD20110519-0320 

Richard Eberhart Hall 

Secretary 

Matthew]. Power 

Depury Secretary 

Project Description: Proposed Amendments to State Implementation Plan: Opacity amendments (COMAR 26.11.01); 

Clarification of Permit to Construct and Permit to Operate Exemptions (CO MAR 26.11.02); Lithographic and Letter 

Press Printing (COMAR 26.11.19): Public Hearings 7/11111 

Project Location: Maryland 

Clearinghouse Contact: 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 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. 

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 Maryland 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 atbrosenbush@mdp.state.md.us. Thank you for 

your cooperation with the MIRC process. 

LCJ:BR 

Enclosure 

cc: Katheleen Blinebury - EPA 

I I-0320_NMNEw'doc 

Sincerely, 

� t, �� 

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

for Clearinghouse and Communications 

301 West Preston Street - Suite 1101 • Baltimore, Maryland 21201-2305 

Telephone: 410.767.4500. Fax: 410.767.4480 - Toll Free: 1.877.767.6272 • TIT Users: Maryland Relcfy 

Internet: Planning.Marylandgov 
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 

 June 3, 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 and Submission of Regulations to the 

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

(SIP)” was published on MDE’s web site on May 26, 2011. It will remain posted on the site until July 11, 

2011. 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[5/26/2011 11:21:41 AM]

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MDE Public Meetings, Hearings and Request for Comments

 MDE Calendar

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.

 Notice of Public Hearings Concerning Proposed Amendments to Air Quality Regulations and

Submission of Regulations to the Environmental Protection Agency (EPA) for approval as part of

Maryland's State Implementation Plan (SIP).

The Maryland Department of the Environment gives Notice of Public Hearings Concerning Proposed Amendments to Air

Quality Regulations and Submission of Regulations to the Environmental Protection Agency (EPA) for approval as part of

Maryland's State Implementation Plan (SIP).

1. Opacity Amendments Under COMAR 26.11.01

This action will amend Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions. The purpose of

this action is to remove the references to Technical Memorandum 90-01 from the Department’s opacity regulations under

COMAR 26.11.01.10 and COMAR 26.11.01.11 and clarify that the Quality Assurance/Quality Control for Continuous Opacity

Monitors (COM) is now located in COMAR 26.11.31. (See Proposed Action.) (See Technical Support Document)

2. Clarification of Permit to Construct and Permit to Operate Exemptions 

This action amends Regulations .01, .10 and .13 under COMAR 26.11.02 Permits, Approvals, and Registration. The

purpose of this action is to (1) clarify requirements under COMAR 26.11.02.10X (Sources Exempt from Permits to

Construct and Approvals) and (2) clarify what installations must obtain a State Permit to Operate under 26.11.02.13

(Sources Subject to State Permits to Operate.) (See Proposed Action.) (See Technical Support Document.)

3. Lithographic and Letter Press Printing

This action will amend Regulation .11 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes to

incorporate EPA's CTG for lithographic and letterpress printing into Maryland's current regulations for the control of volatile

organic compounds (VOC). (See Proposed Action.) (See Technical Support Document.)

The full text of the proposed actions appeared in the Maryland Register and at

http://www.dsd.state.md.us/mdregister/mdregister.aspx on April 22, 2011. The Proposed Actions are also attached to this

hearing notice. Please note that the date for the public hearing and end of the comment period have changed from what

was published in the April 22, 2011 Issue of the Maryland Register. The corrected date is indicated below and will also be

noted in the June 3, 2011 Issue of the Maryland Register.

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 July 11, 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 emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223.

Comments must be received not later than July 11, 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)

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

 Request for Comments on Maryland's Ambient Air Monitoring Network Plan for Calendar Year 2012

A thirty-day public comment period for Maryland's Ambient Air Monitoring Network Plan for Calendar Year 2012 will take

place from May 23, 2011 through June 23, 2011. Written comments concerning the network plan can be submitted to the

Department on or before June 23, 2011, and should be sent to Ms. Janice Lafon at MDE's address or emailed to

jlafon@mde.state.md.us. Click here for more info.

 Request for Comments on Maryland's Demonstration to Justify the Exclusion of an Air Quality

Exceedance Due to an Exceptional Event: The Van Dusen Fire and the 24-Hour Average PM2.5

Exceedance on February 19, 2011

A 30-day public comment period for Maryland’s Demonstration to Justify the Exclusion of an Air Quality Exceedance Due

to an Exceptional Event: The Van Dusen Fire and the 24-Hour Average PM2.5 Exceedance on February 19, 2011 will take

place from May 17 through June 17, 2011. Written comments concerning the demonstration may be submitted to the

Department on or before June 17, 2011, and should be sent to Ms. Janice Lafon by mail at 1800 Washington Blvd,

Suite 730, Baltimore, MD 21230 or by email to jlafon@mde.state.md.us. Click here for more details. 

 Notice of Public Hearing Concerning Submittal of MDE and Public Service Commission (PSC)

Materials to the Environmental Protection Agency (EPA) as Revisions to Maryland's State

Implementation Plan

The Maryland Department of the Environment (MDE) gives notice of a public hearing concerning submittal of the following

MDE and Public Service Commission (PSC) materials to the Environmental Protection Agency (EPA) as revisions to

Maryland's State Implementation Plan:

1. MDE amendments to Regulations .09 and .10 under COMAR 26.11.02 Permits, Approvals, and Registration

(effective date: November 16, 2009). The amendments clarified permit to construct and approval requirements for

electric generating stations that are not required to receive a Certificate of Public Convenience and Necessity (CPCN) from

the PSC before commencing construction. (See Proposed and Final Actions and Adopted Regulations.)

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2. PSC amendments to Regulations .01 and .02, new Regulation .06, and the recodification of existing

Regulation .06 to be Regulation .07 under COMAR 20.79.01 General (effective date: December 28, 2009). 

These amendments clarified that modifications to power plants are subject to the Federal Clean Air Act. The appropriate

portions of §§ 7-205, 7-207, 7-207.1 and 7-208 of the Public Utility Companies Article of the Annotated Code of Maryland

will also be submitted to EPA to be approved as part of Maryland's SIP. (See Proposed and Final Actions and Adopted

Regulations ; Relevant Portions of Annotated Code of Maryland.)

3. PSC regulations under COMAR 20.79.02 Administrative Provisions and COMAR 20.79.03 Details of Filing

Requirements — Generating Stations. (See Regulations.)

4. PSC letter to MDE dated January 25, 2011 that describes the PSC process for making completeness

determinations for applications for new and modified electric generating stations. (See Letter.)

The full text of the MDE and PSC materials listed above 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

These materials will 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 submittal of the materials described above to the U.S. EPA for approval as revisions to Maryland's SIP

will be held on April 13, 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 emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223.

Comments must be received not later than April 13, 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)

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

 Maryland Department of the Environment Proposed Calendar Year 2011 Standard Permit

Application Turnaround Times.

Please click here for more information.

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