1



### For The Record,I nc. ( 301) 870- 8025

- www. ft ri n c . n et- ( 800) 921- 5555 1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 2 AIR AND RADIATION MANAGEMENT ADMINISTRATION 3 4 PUBLIC HEARING 5 ON AMENDMENTS TO COMAR 26.11.01 AND 26.11.06 6 CONCERNING PREVENTION OF SIGNIFICANT 7 DETERIORATION (PSD) REQUIREMENTS 8 9 10 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. 15 16 17 BEFORE: DEBORAH RABIN, Hearing Officer 18 19 20 Reported by: Linda Metcalf 212



### For The Record,I nc. ( 301) 870- 8025

- www. ft ri n c . n et- ( 800) 921- 5555 1 A P P E A R A N C E S 2 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 10 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 17 18 19 20 213



### For The Record,I nc. ( 301) 870- 8025

- www. ft ri n c . n et- ( 800) 921- 5555 1 I N D E X 2 3 Speaker: Page: 4 Deborah Rabin, MDE 4 5 Carl York, MDE 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 214



### For The Record,I nc. ( 301) 870- 8025

- www. ft ri n c . n et- ( 800) 921- 5555 1 P R O C E E D I N G S 2 - - - - - 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 COMAR5



### For The Record,I nc. ( 301) 870- 8025

- www. ft ri n c . n et- ( 800) 921- 5555 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.6



### For The Record,I nc. ( 301) 870- 8025

- www. ft ri n c . n et- ( 800) 921- 5555 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. 4 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 15 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 2-7



### For The Record,I nc. ( 301) 870- 8025

- www. ft ri n c . n et- ( 800) 921- 5555 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 the8



### For The Record,I nc. ( 301) 870- 8025

- www. ft ri n c . n et- ( 800) 921- 5555 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.9



### For The Record,I nc. ( 301) 870- 8025

- www. ft ri n c . n et- ( 800) 921- 5555 1 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.) 10 11 12 13 14 15 16 17 18 19 20 2110



### For The Record,I nc. ( 301) 870- 8025

- www. ft ri n c . n et- ( 800) 921- 5555 1 CERTIFICATE OF COURT REPORTER 2 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. 11 12 13 14 15 16 17 LINDA METCALF 18 Court Reporter 19 20 21