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1 MARYLAND DEPARTMENT OF THE ENVIRONMENT

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION

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4 PUBLIC HEARING

5 ON AMENDMENTS TO COMAR 26.11.01 AND 26.11.06

6 CONCERNING PREVENTION OF SIGNIFICANT

7 DETERIORATION (PSD) REQUIREMENTS

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11 The hearing in the above matter commenced on

12 Thursday, May 28, 2009, at the MDE Headquarters,

13 Montgomery Park, 1800 Washington Boulevard, Baltimore,

14 Maryland.

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17 BEFORE: DEBORAH RABIN, Hearing Officer

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20 Reported by: Linda Metcalf

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1 A P P E A R A N C E S

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3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT:

4 DEBORAH RABIN

5 Regulation Development Coordinator

6 Regulation Development Division - ARMA

7 Maryland Department of the Environment

8 1800 Washington Boulevard, Suite 730

9 Baltimore, Maryland 21230

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11 CARL YORK

12 Special Projects Manager

13 Regulation Development Division - ARMA

14 Maryland Department of the Environment

15 1800 Washington Boulevard, Suite 730

16 Baltimore, Maryland 21230

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1 I N D E X

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3 Speaker: Page:

4 Deborah Rabin, MDE 4

5 Carl York, MDE 6

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1 P R O C E E D I N G S

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3 MS. RABIN: 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 Deborah Rabin and I am the

8 Regulations 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 regulation proposal, support documents, and the

16 Department's statement are available on the table for

17 your information.

18 This hearing concerns Air Quality Regulations

19 found in the Code of Maryland Regulations, Title 26,

20 Subtitle 11, Air Quality. The Secretary of the

21 Department proposes to amend Regulation .01 under COMAR
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1 26.11.01, General Administrative Provisions, and

2 Regulation .14 under COMAR 26.11.06 General Emission

3 Standards, Prohibitions, and Restrictions.

4 The purpose of this hearing is to give you the

5 opportunity to comment on this action.

6 The Opportunity for Public Comment for this

7 proposed action appeared in the Maryland Register, Volume

8 36, Issue 9, Page 675 on April 24, 2009. 

9 The hearing will proceed in the following

10 order. First, Mr. Carl York will make a statement on

11 behalf of the Air and Radiation Management

12 Administration. After Mr. York is finished, I will call

13 on any elected official or government official who wants

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

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

16 like to make a statement.

17 When giving your statement, please come up

18 front, identify yourself and your affiliation, and give

19 your statement loudly and clearly. Are there any

20 questions?

21 I will now call on Mr. York.
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1 Please let the record show that no one has come

2 to attend this public hearing; therefore, Mr. York will

3 submit his hearing statement into the record.

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5 Statement of the

6 Air and Radiation Management Administration

7 Department of the Environment

8 for the Public Hearing

9 Relating to Proposed Amendments to

10 COMAR 26.11.01.01 and COMAR 26.11.06.14

11 Concerning Prevention of Significant Deterioration

12 (PSD) Requirements

13 held on May 28, 2009

14 Baltimore, MD

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16 MR. YORK: My name is Carl York. I am the

17 Special Projects Manager for the Regulation Development

18 Division of the Air and Radiation Management

19 Administration, Department of the Environment.

20 This public hearing is being held pursuant to

21 the requirements of 40 CFR Section 51.102 and Sections 2-
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1 301 et. seq. of the Environment Article, Annotated Code

2 of Maryland. It is also being held in conformance with

3 the State Administrative Procedures Act under the State

4 Government Article, beginning at Section 10-101.

5 Notice of this hearing appeared in the Maryland

6 Register on April 24, 2009; MDE's website from April 21,

7 2009 to May 28, 2009; Baltimore Sun on April 24, 2009;

8 St. Mary's Enterprise on April 24, 2009; Cumberland

9 Times-News on April 24, 2009; Frederick News-Post on

10 April 24, 2009; Salisbury Daily Times on April 24, 2009;

11 and The Washington Post on April 23, 2009. Copies of

12 these notices were submitted for the record.

13 Copies of this proposed action and supporting

14 documents were made available for review by the State

15 Clearinghouse and are also submitted at this time into

16 the hearing record. Copies were also made available for

17 public inspection at the Air and Radiation Management

18 Administration offices in Baltimore, Cumberland, and

19 Salisbury, and at all local health departments or local

20 air quality control offices.

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

2 to COMAR 26.11.01.01 and COMAR 26.11.06.14 concerning

3 Prevention of Significant Deterioration (PSD)

4 requirements.

5 Summary

6 The purpose of this action is to update

7 Maryland's adoption of the U.S. Environmental Protection

8 Agency (EPA) Prevention of Significant Deterioration

9 (PSD) requirements found under 40 CFR Part 52.21 to

10 include the changes in the July 1, 2008 edition of the

11 Code of Federal Regulations (CFR).

12 This action also clarifies the meaning of the

13 terms “Administrator” and “Reviewing Authority” as used

14 in 40 CFR Parts 52.21 and 52.1116. 

15 Maryland’s State Implementation Plan (SIP)

16 These amendments will be submitted to the U.S.

17 Environmental Protection Agency as a revision to

18 Maryland’s State Implementation Plan.

19 Consideration of Comments

20 The Department will consider all comments

21 before making a decision to adopt these amendments.
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2 MS. RABIN: Again, let the record show that no

3 one has come to attend this public hearing. This will

4 conclude the public hearing regarding proposed amendments

5 to Regulation .01 under COMAR 26.11.01 and Regulation .14

6 under COMAR 26.11.06.

7 Let the record reflect that it is now 10:20,

8 and this hearing is officially concluded.

9 (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

4 the foregoing transcription was reduced to typewriting

5 via audiotapes recorded by me; that I am neither counsel

6 for, nor related to, nor employed by any of the parties

7 to the case in which these proceedings were transcribed;

8 that I am not a relative or employee of any attorney or

9 counsel employed by the parties hereto, nor financially

10 or otherwise interested in the outcome of the action.

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17 LINDA METCALF

18 Court Reporter

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