1 1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 2 AI R AND RADIATION MANAGEMENT ADMINISTRATION 3 4 5 PUBLIC HEARING 6 7 CONCERNING PROPOSED AMENDMENTS TO 8 COMAR 26.11.01 AND 2 6.11.09 9 REGARDING M I NOR ADMINISTRATIVE AMENDMENTS TO THE 10 DEPARTMENT'S OPACITY REGULATIONS THAT BECAME 11 EFFECTIVE ON MAY 17, 2010 12 13 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. 18 19 BEFORE: DEBORAH RABIN, Hearing Officer 20 21 Reported by: Linda Metcalf 

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### A P P E A R A N C E S 2 3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 4 5 DEBORAH RABIN 6 

### Regulation Development Coor dinator 7 

### Regulation Development Division

- ARMA 8 

### Maryland Department of the Environment 9 

### 1800 Was hington Boulevard, Suite 730 10 Baltimore, Maryland 21230 11 12 DIANE FRANKS 

### 13 Program M anage r 14 Regulat i on Development D i vi sion 15 

### Air and Radiati on Management 16 

### Maryland D epartment of the Environment 17 1800 Washington Boulevard 18 Baltimore, Maryland 212 30 19 

### 20 2 1 

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### I N D E X 2 3 

### Speak er: Page: 4 

### Deborah Rabin, MOE 4 5 

### Diane Franks, MOE 6 6 7 8 9 10 

### 11 12 13 

### 14 15 16 17 18 19 20 21 

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.D IN 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 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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### (800) 921-55555 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 M aryland Register, Volume 11 38, Issue 2, Page 105 on January 14, 2011. 12 The hearing will p r oceed in the following 1 3 order. Fir st, D i ane Franks will make a statement on 

### 14 behalf of 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 m a 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 yoursel f and your a ffiliation, a nd give your statement 

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### loudly and clearly. Are there any quest ions? 2 

### (No response. ) 3 

### MS. RABIN: I will now call on Diane Franks. 4 

### 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 

### 1 2 held on February 15, 2011 in Baltimore, MD 

### 1 3 My name is Diane Fr anks

. I am the Program 14 Manager f or the Air and Radiati on Managem ent 1 5 Admi ni str ation, Department 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

- 1 8 

### 301 et seq . of t he E nvi ronment Article, Annotated Code of 1 9 

### Maryland

. I t i s also bei ng held i n conformance w i th the 20 State Admi nistrative Procedur e s Act under t he State 2 1 Government Artic le, begi nning at Sect i on 10-101. 

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### 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. M ar y's Enterprise on January 14, 2011. 6 

### Copies of these noti ces wer e s ubm itted for the record. 7 

### Copi es of t his pr oposed action and supporting 8 

### documents were made available for review by the State 9 

### Clearinghouse and ar e also submitted at this time into 10 the hearing r ecord. Copies wer e al s 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 

### For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800) 921-55558 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. 

### For The Record, Inc. (301} 870-8025- www.ftrinc.net- (BOO} 921-55559 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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### 10 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 E PA a s Revjsi on to Mar 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 Im pact 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. 13 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 pr 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 effective on May 17, 

### For The Record, Inc. (301) 870-8025 - www.ftrinc.net- (800) 921-555511 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.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 

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### CERTIFICATE OF COURT REPOR TER 2 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 the s 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. 11 

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### LI N DA M ETCALF 17 Court Report e r 18 19 20 

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