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1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION 

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5 PUBLIC HEARING 

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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 

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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. 

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19 BEFORE: KATHLEEN PERRY, Hearing Officer 

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21 Reported by: Linda Metcalf 

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1 A P PEA RAN C E S • 

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3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 

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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 

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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 

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1 I NOB X 

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3 Speaker: Page: 

4 Kathleen Perry, MOE 4 

5 Debbie Rabin, MOE 5 

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1 PROCEEDINGS 

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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. 

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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 from March 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. After Ms. Rabin is finished, I will call 

12 on any elected official or government official who wants 

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

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

15 like to make 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: Good morning. My name is Deborah 

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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. 

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6 Statement of the Air and Radiation 

7 Management Adm:i.nistrat:i.on 

8 Department of the Environment 

9 for the Public Rearing 

10 Relating to submission of Public Service Commission and 

11 Department of the Environment regulations concerning 

12 electric generating stat:i.ons to EPA for approval as part 

13 of Maryland's State Implementation Plan 

14 held on April 13, 2011 

15 Bal t: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 

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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 on March 11, 2011, in the Washington 

6 Post on March 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 

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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 

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1 determinations for applications for new and modified 

2 electric generating stations. 

3 Consideration of Comments 

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. 

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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 specific MOE and PSC electric 

15 generating station requirements to EPA for SIP Approval. 

16 Let the record reflect that it is now 10:14 and 

17 this hearing is officially concluded. 

18 (Whereupon, the hearing was concluded.) 

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1 CERTIFICATE OF COURT REPORTER • 

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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. 

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16 LINDA METCALF 

17 Court Reporter 

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