1 1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 2 AIR AND RADIATION MANAGEMENT ADMINISTRATION 3 4 5 PUBLIC HEARING 6 7 SUBMITTAL OF MARYLAND DEPARTMENT OF THE ENVIRONMENT 8 AND PUBLIC SERVICE COMMISSION REGULATIONS 9 TO THE ENVIRONMENTAL PROTECTION AGENCY 10 FOR STATE IMPLEMENTATION PLAN APPROVAL 11 12 13 14 The hearing in the above matter commenced on 15 Wednesday, April 13, 2011, at the MOE Headquarters, 16 Montgomery Park, 1800 Washington Boulevard, Baltimore, 17 Maryland. 

### 18 19 BEFORE: KATHLEEN PERRY, Hearing Officer 20 21 Reported by: Linda Metcalf 

### ForTheRecord,Inc. (301)870-8025-www.ftrinc.net-(800)921-55552 

# • 1 A P PEA RAN C E S 2 3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 4 5 KATHLEEN PERRY 6 Legislative Coordinator 7 Regulation Development Division 8 Air and Radiation Management 9 Maryland Department of the Environment 10 1800 Washington Boulevard 11 Baltimore, Maryland 21230 12 13 DEBOaAIl RABIN 14 Regulation Development Coordinator 15 Regulation Development Division

- ARMA 16 Maryland Department of the Environment 17 1800 Washington Boulevard, Suite 730 18 Baltimore, Maryland 21230 19 20 21 

### ForTheRecord,Inc. (301)870-8025-www.ftrinc.net-(800)921-5555 

# •3 1 I NOB X 2 3 

### Speaker: Page: 4 

### Kathleen Perry, MOE 4 5 

### Debbie Rabin, MOE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 

### ForTheRecord,Inc. (301)870-8025-www.ftrinc.net-(800)921-55554 1 PROCEEDINGS 2 3 MS. PERRY: Good morning. On behalf of the 4 Department of the Environment and the Air and Radiation 5 Management Administration, I would like to welcome you to 6 this public hearing. 7 My name is Kathleen Perry and I am the 8 Legislative Coordinator for the Air and Radiation 9 Management Administration. I will serve as hearing 10 officer for today's hearing. 11 I would like to ask all of you in attendance 12 today to please sign in, if you haven't already done so. 13 This will help us to keep an accurate record of the 14 people who participate in the hearing. Also, copies of 15 our regulatory documents, support documents, and the 16 Department's statement are available on the table for 17 your information. 18 This hearing concerns submittal of Maryland 19 Department of the Environment (MDE) and Public Service 20 Commission (PSC) electric generating station requirements 21 to EPA for SIP Approval. 

### ForTheRecord,Inc. (301)870-8025-www.ftrinc.net-(800)921-55555 

### 1 The purpose of this hearing is to give you the 2 opportunity to comment on this action. 3 The Opportunity for Public Comment for this 4 proposed action appeared in the Baltimore Sunpapers on 5 March 11, 2011, in the Washington Post on March 10, 2011, 6 and on MOE's website fromMarch 9, 2011, through today, 7 April 13, 2011. 8 The hearing will proceed in the following 9 order. First, Deborah Rabin will make a statement on 10 behalf of the Air and Radiation Management 11 Administration. AfterMs. Rabin is finished, I will call 12 on any elected official or government official who wants 13 tomake a statement. Then, I will call upon anyone else 14 who indicated on the sign-in sheet that he or she would 15 like tomake a statement. 16 When giving your statement, please identify 17 yourself and your affiliation, and give your statement 18 loudly and clearly. Are there any questions? 19 (No response.) 20 MS. PERRY: I will now calIon Deborah Rabin. 21 MS. RABIN: Goodmorning. My name is Deborah 

### ForTheRecord,Inc. (301)870-8025-www.ftrinc.net-(800)921-55556

# • 1 Rabin. I'm the Regulations Coordinator for the Air and 2 Radiation Management Administration, Department of the 3 Environment. I am submitting this hearing statement into 4 the record. 5 6 Statement of theAir andRadiation 7 ManagementAdm:i.nistrat:i.on 8 Department of theEnvironment 9 for the Public Rearing 10 Relating to submission of Public Service Commission and 11 Departmentof the Environmentregulations concerning 12 electricgenerating stat:i.ons toEPA for approval as part 13 ofMaryland's State Implementation Plan 14 held onApril 13, 2011 15 Balt:i.more, MD 16 My name is Deborah Rabin. I am the Regulations 17 Coordinator for the Air and Radiation Management 18 Administration, Department of the Environment. 19 This public hearing is being held pursuant to 20 the requirements of 40 CFR Section 51.102 and Sections 2- 21 301 et. seq. of the Environment Article, Annotated Code 

### ForTheRecord,Inc. (301)870-8025-www.ftrinc.net-(800)921-55557 

### 1 of Maryland. It is also being held in conformance with 2 the State Administrative Procedures Act under the State 3 Government Article, beginning at Section 10-101. 4 Notice of this public hearing appeared in the 5 Baltimore Sunpapers onMarch 11, 2011, in the Washington 6 Post onMarch 10, 2011 and on the Department's website 7 from March 9, 2011 through today, April 13, 2011. 8 Copies of these notices were submitted for the 9 record. 10 Copies of this action and supporting documents 11 were made available for review by the State Clearinghouse 12 and are also submitted at this time into the hearing 13 record. Copies were also made available for public 14 inspection at the Air and Radiation Management 15 Administration offices in Baltimore, Cumberland, and 16 Salisbury, and at all local health departments or local 17 air quality control offices. 18 The purpose of today's hearing is to give the 19 public an opportunity to comment on submission to EPA for 20 approval the following items: 21 1. 

### MDE amendments to Regulations .09 and .10 

### ForTheRecord,Inc. (301)870-8025-www.ftrinc

.net-(800)921-55558 1 under COMAR 26.11.02 Permits, Approvals, and Registration 2 (effective date: November 16, 2009). The amendments 3 clarified permit to construct and approval requirements 4 for electric generating stations that are not required to 5 receive a Certificate of Public Convenience and Necessity 6 (CPCN) from the PSC before commencing construction. 7 2. PSC amendments to Regulations .01 and .02, new 8 Regulation .06, and the recodification of existing 9 Regulation .06 to be Regulation .07 under COMAR 20.79.01 10 General (effective date: December 28, 2009). These 11 amendments clarified that modifications to power plants 12 are subject to the Federal Clean Air Act. The 13 appropriate portions of §§ 7-205, 7-207, 7-207.1 and 7- 14 208 of the Public Utility Companies Article of the 15 Annotated Code of Maryland will also be submitted to EPA 16 to be approved as part of Maryland's SIP. 17 3. PSC regulations under COMAR 20.79.02 18 Administrative Provisions and COMAR 20.79.03 Details of 19 Filing Requirements

- Generating Stations. 20 4. PSC letter to MDE dated January 25, 2011 that 21 describes the PSC process for making 

### completeness 

### ForTheRecord,Inc. (301)870-8025-www.ftrinc.net-(800)921-55559 

### 1 determinations for applications for new and modified 2 electric generating stations. 3 Consideration ofComments 

### 4 The Department will consider all comments 5 before making a decision to submit these materials to EPA 6 for approval as part of Maryland's SIP. 7 8 

### MS. PERRY: Thank you, Ms. Rabin. Are there 9 any comments? 10 (No response.) 11 MS. PERRY: Let the record show that nobody has 12 shown up to comment on this action. 13 This will conclude the public hearing regarding 14 the proposed submittal of specificMOE and PSC electric 15 generating station requirements to EPA for SIPApproval. 16 Let the record reflect that it is now 10:14 and 17 this hearing is officially concluded. 18 (Whereupon, thehearingwas concluded.) 19 20 

### 21 

### ForTheRecord,Inc. (301)870-8025-www.ftrinc.net-(800)921-555510

# • 1 CERTIFICATE OF COURT REPORTER 2 3 I, Linda Metcalf, do hereby certify that the 4 foregoing transcription was reduced to typewriting via 5 audiotapes recorded by me; that I am neither counsel for, 6 nor related to, nor employed by any of the parties to the 7 case in which these proceedings were transcribed; that I 8 am not a relative or employee of any attorney or counsel 9 employed by the parties hereto, nor financially or 10 otherwise interested in the outcome of the action. 11 12 13 

### 14 15 16 LINDA METCALF 

### 17 Court Reporter 18 19 20 

### 21 

### ForTheRecord,Inc

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