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1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 

2 AI R AND RADIATION MANAGEMENT ADMINISTRATION 

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5 PUBLIC HEARING 

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7 CONCERNING PROPOSED AMENDMENTS TO 

8 COMAR 26.11.01 AND 2 6.11.09 

9 REGARDING MI NOR ADMINISTRATIVE AMENDMENTS TO THE 

10 DEPARTMENT'S OPACITY REGULATIONS THAT BECAME 

11 EFFECTIVE ON MAY 17, 2010 

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14 The hearing in the above matter commenced on 

15 Tuesday, February 15, 2011, at the MOE Headquarters, 

16 Montgomery Park, 1800 Washington Boulevard, Baltimore, 

17 Maryland. 

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19 BEFORE: DEBORAH RABIN, Hearing Officer 

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21 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: 

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5 DEBORAH RABIN 

6 Regulation Development Coor dinator 

7 Regulation Development Division - ARMA 

8 Maryland Department of the Environment 

9 1800 Wa s hington Boulevard, Suite 730 

10 Baltimore, Maryland 21230 

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12 DIANE FRANKS 

13 Program Ma nage r 

14 Regula t i on Development Di vi sion 

15 Air and Radiati on Management 

16 Maryland De partment of the Environment 

17 1800 Washington Boulevard 

18 Baltimore, Maryland 212 30 

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1 I N D E X 

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3 Speake r: Page: 

4 Deborah Rabin, MOE 4 

5 Diane Franks, MOE 6 

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1 P R 0 C E E .D IN 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 

6 all to this public hearing. 

7 My name is Deborah Rabin. I am the Regulations 

8 Coordinator for the Air and Radiation Management 

9 Administration. I will serve as hearing officer for 

10 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 on the table for your 

17 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: 

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

2 26.11.01, General Administrative Provisions; and 

3 (2) Regulations .01 and .05 under COMAR 

4 26.11.09 , Control of Fuel-Burni ng Equipment, Stationary 

5 Internal Combustion Engines, and Cer tain Fuel-Burning 

6 Installations. 

7 The purpose of thi s hearing is to give you an 

8 opportunity t o comment on this action. 

9 The Opportunity f or Public Comment for this 

10 proposed action appeared in the Ma ryland Register, Volume 

11 38, Issue 2, Page 105 on January 14, 2011. 

12 The hearing will p r oceed in the following 

13 order. Fir st, Di ane Franks will make a statement on 

14 behalf o f the Air and Radiation Management 

15 Administration. After Ms. Franks is finished, I will 

16 call on any elect ed official or government official who 

17 want s to ma ke a stat ement. Then, I will call upon anyone 

18 else who indicated on t he s i gn-i n sheet that he or she 

19 would l i ke to make a s t atement. 

20 When giving your statement, please identify 

21 yourself and your a ffiliation, a nd give your statement 

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1 loudly and clearly. Are there any quest ions? 

2 (No response. ) 

3 MS. RABIN: I will now call on Diane Franks. 

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5 Statement of the Air and 

6 Radiation Management Administration 

7 Department of the Environment 

8 for the Pub1ic Hearing Re1atinq to 

9 Proposed ~nor Administrative Corrections to the 

10 Department's Opacity Regulations 

11 that became Effective on May 17, 2010 

12 held on February 15, 2011 in Baltimore, MD 

13 My name is Diane Fr anks. I am the Program 

14 Manager f or the Air and Radiati on Management 

15 Admi ni str ation, Depa rtment of the Environment . 

16 Thi s public heari ng is being held pursuant to 

17 the r equirements of 40 CFR Section 51.102 and Sections 2-

18 301 et seq . of t he Envi ronment Article, Annota ted Code of 

1 9 Maryland . I t i s also bei ng held i n conformanc e wi th the 

20 State Admi nistrative Procedur e s Act under t he State 

21 Gove rnment Artic le, begi nning at Sec t i on 10-101. 

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1 Notice of this heari ng appeared in the: 

2 Maryland Register on January 14, 2011; MOE's website from 

3 January 11, 2011 through February 16, 2011; Baltimore Sun 

4 on January 14, 2011; Washington Post on January 13, 2011; 

5 and the St. Ma r y's Enterprise on January 14, 2011. 

6 Copies of these noti ces we r e s ubmitted for the record. 

7 Copi es of t his pr oposed a ction and supporting 

8 documents were made available for review by the State 

9 Clearinghouse a nd a r e also submitted at this time into 

10 the hearing r ecord. Copies we r e als o made available for 

11 public inspecti on at the Air and Radiation Management 

12 Administration of fices i n Balti mor e, Cumberland, and 

13 Salisbury, and a t a ll local hea lth departments or local 

14 air quality control of fices. 

15 The purpose of today' s hearing is to give the 

16 public an opportunity to comment on proposed minor 

17 administrati ve corrections to t he Department's opacity 

18 regulations that became effective on May 17, 2010. 

19 Summary 

20 The Department's opacity regulations include 

21 the general Continuous Opaci ty Monitor (COM) and 

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1 Continuous Emission Monitor (CEM) requirements in COMAR 

2 26.11.01.10 and .11, definitions in COMAR 26.11.09 and 

3 the requirements in COMAR 26.11.09.05 that provide the 

4 procedures for demonstrating compliance with visible 

5 emissions requirements using COM data. The opacity 

6 regulations became effective on May 17, 2010, but 

7 continued to reference Technical Memorandum 90-01 for 

8 quality assurance procedures. The regulations must be 

9 administratively complete before they are submitted to 

10 EPA to be included in the approved SIP and become 

11 federally enforceable. 

12 The opacity regulations are a first effort in 

13 moving away from the Department's TM 90-01 that contains 

14 enforcement policies used to determine the compliance 

15 with visible emissions requirements for sources that use 

16 COMs. COMAR 26.11.09.05 was expanded to include specific 

17 compliance procedures as they apply to fuel burning 

18 equipment. Two other source categories that use 

19 continuous monitoring techniques will be addressed in the 

20 future. The two categories are municipal waste 

21 combustors and Portland cement manufacturing plants. 

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1 Sources Affecteg 

2 These amendments affect only owners of large 

3 fuel burning equipment required to install and operate 

4 COMs. 

5 Requirements 

6 The amendments are minor administrative 

7 corrections that are necessary before submitting the 

8 regulation to EPA. These amendments include: 

9 1. In COMAR 26.11.01.10A(1) {e) and 

10 .11A(1) (b), correct the si ze o f a MWC required to install 

11 continuous monitors; 

12 2. In COMAR 26.11.01.10C(5), clarify that the 

13 QA/QC for COMs is now located in new COMAR 26.11.31; 

14 3. In COMAR 26.11.01.118(3), clarify the 

15 pollutants to be continuously measured for MWCs, Kraft 

16 pulp mills, and fluidized bed combustors; 

17 4. In COMAR 26.11.09.05A(4) (d), correct the 

18 size of the low capacity factor units; 

19 5. In COMAR 26.11.09.05A(5) and (6), 

20 reinstate the paragraphs that were inadvertently omitted 

21 relating to the use of Method 9 observations and the 

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1 impact of excess emi ssions on ambient air; and 

2 6. In COMAR 26.11.09E, correct the references 

3 to reflect the r elocation of this Section. 

4 Submissi on to EPA a s Revjsi on to Ma r yland's SIP 

5 This acti on will be submitted to the U.S. 

6 Environmental Protection Agency (EPA) for approval as 

7 part of Maryland's State Implementati on Plan. 

8 Economic Impact 

9 The proposed action has no economic impact. 

10 Consideration of Comments 

11 The Department will cons ider all comments 

12 before maki ng a decision t o adopt these amendments. 

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14 MS. RABIN: Thank you very much, Ms. Franks. 

15 Would anyone like to comment on this proposed action? 

16 (No response. ) 

17 MS. RABIN: Please let the record show that no 

18 one has come t o comment on this p r oposed action. This 

19 will conclude the public hearing r egarding proposed 

20 amendments to COMAR 26.11.01 and 26.11 . 09 concerning 

21 opacity regulations that became e ffective on May 17, 

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1 2010. 

2 Let the record r eflect that it is now 10:47 and 

3 this hearing is officially concluded. 

4 (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 r educed 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 thes e proceedings were transcribed; that I 

8 am not a relative or employee o f any attorney or counsel 

9 employed by the parties hereto, nor f inancially or 

10 otherwise interested in the outcome of the action. 

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16 LI NDA METCALF 

17 Court Report e r 

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