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MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR AND RADIATION MANAGEMENT ADMINISTRATION 

PUBLIC HEARING 

PROPOSED AMENDMENTS TO REMOVE REFERENCES 

TO TM 90-01 FROM THE 

DEPARTMENT'S OPACITY REGULATIONS 

12 The hearing in the above matter commenced on 

13 Monday, July 11, 2011, at the MDE Headquarters, 

14 Montgomer y Park, 1800 Washingtqn Boulevard, Baltimore, 

15 Maryland. 

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17 BEFORE: KATHLEEN PERRY, Hearing Officer 

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19 Repor ted by: Linda Metcalf 

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APPEARANCES 

3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 

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KATHLEEN PERRY, Legislative Coordinator 

DEBORAH RABIN, Regulation Development Coordinator 

Regulation Development Division - ARMA 

Maryland Depa r tment of the Environment 

1800 Washingt o n Boulevard, Suite 730 

Baltimore, Maryland 21 230 

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Speaker: 

Kathleen Perry 

Deborah Rabin 

:INDEX 

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P R 0 C E E 0 I N G S 

MS. PERRY: Good morni ng. On behalf of the 

Department of .the Environment and the Air and Radiation 

Management Admini stration, I would l i ke to welcome you to 

this public hearing. 

My name is Ka thl een Perr y and I am the 

Legislative Coordi nator f o r the Air and Radiation 

Management Administration. I will serve as hearing 

o f ficer f or today's hearing. 

I would like to ask all of you in attendance 

t oday to please sign in, i f you haven't done so already. 

This will help us to keep an accurate record of t he 

people who participate in the hearing. Also, copies o f 

our regulation proposal, support documents, and the 

Department's statement are available on the table f o r 

your information. 

This hearing concerns Air Quality Regulati ons 

found in the Code of Maryland Regulations, Title 26, 

Subtitle 11, Air Quality. The Secretary o f the 

Department proposes to amend Regulations .10 and .11 

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under COMAR 26.11.01, General Administrative Provisions. 

The purpose of this hearing is to give you the 

opportunity to public the opportunity to comment on 

this action. 

A revision of the Opportunity for Public 

Comment for this proposed action appeared in the Maryland 

Register, Volume 38, Issue 12, Page 729 on June 3, 2011. 

The revision included a hearing date change and end of 

comment period date change. The original Opportuni ty for 

Public Comment section was published in the Maryland 

Register on April 22, 2011 (Volume 38, Issue 9, Page 

562} . 

The heari ng will proceed in the fo l lowing 

order. First, Deborah Rabin will make a statement on 

behalf of ~he Air and Radiation Management 

Administration. Af ter Ms. Rabin is finished, I will call 

on any elected official or government official who wants 

to make a statement. Then, I wi ll call upon anyone else 

who indicated on the si gn-in sheet that he or she would 

like to make a statement. 

Let the record reflect that nobody has shown up 

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to comment on t his r e gulation . 

I will now call on Ms. Rabin. 

MS. RABIN: Good mor ni ng. My name is Deborah 

Rabin, I'm the Regula t i ons Coordi nator for the Air and 

Radiati on Management Admini stra tion. I am submitting my 

hearing statement f or the record because no one has come 

to attend thi s public hearing. 

Statement of the Air and Radiation 

Management Administration 

Department of the Environment 

for the Public Hearing 

Relating to Removal of References to Technical Memorandum 

90-01 from the Department's Opacity Regulations and 

Clarification of the Location of the Quality 

Assurance/Quality Control Requirements for Continuous 

Opacity MOnitors under COMAR 26 . 11.31 

held on July 11, 2011 

·sal timore, MD 

My name is De borah Rabi n . I am t he Regulat i ons 

Coor dina t or f or t he Air and Radi ation Ma nageme nt 

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1 Administration, Department of the Environment. 

2 This public hearing is being held pursuant to 

3 the requirements of 40 CFR Section 51.102 and Sections 2-

4 301 et. seq. of the Environment Article, Annotated Code 

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

6 the State Administrative Procedures Act under the State 

7 Government Article, beginning at Section 10-101. 

8 Notice of this hearing appeared in the: 

9 Maryland Register on April 22, 2011(hearing date/end of 

10 comment period revision published in the Maryland 

11 Register on June 3, 2011); and MOE's website from May 26, 

12 2011 through July 11, 2011. 

13 Copies of these notices were submitted for the 

14 record. 

15 Copies of this proposed action and supporting 

16 documents were made available for review by the State 

17 Clearinghouse and are also submitted at this time into 

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the hearing record. Copies were also made available for 

public inspection at the Air and Radiation Management 

Administration offices in Baltimore, Cumberland, and 

Salisbury, and at all local health departments or local 

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1 air quali ty control off ices. 

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

3 public an opportunity to comment on proposed amendments 

4 to Regulati ons .10 and .11 under COMAR 26.11.01 General 

5 Administra t i ve Provisions that were published in the 

6 Maryland Regi ste r on Apr il 22, 2011. 

7 Summary 

8 The purpose o f this action is to remove the 

9 references to Technical Memora ndum 90-01 from the 

10 Department 's opaci ty regulations under COMAR 26.11.01.10 

11 and COMAR 2 6.11.01.11 and clarif y that the Quality 

12 Assurance/ Qualit y Control for Continuous Opacity 

13 Monitors (COM) is now located in COMAR 26.11.31. 

14 This action will be submitted to the U.S. Environmental 

15 Protection Agency (EPA) for approval as part of 

16 Maryland's State Implementation Plan. 

17 Background 

18 The Department's opacity regulations include 

19 the Continuous Opacity Monitor (COM) and Continuous 

20 Emission Monitor (CEM) requirements in COMAR 26.11.01.10 

21 and .11, definitions in COMAR 26.11.09 and the 

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1 requirements in COMAR 26.11.09.05 that provide the 

2 procedures for demonstrating compliance with visible 

3 emissions requirements using COM data. 

4 This action is part of a continuing effort by 

5 the Department to remove the applicability of the 

6 Department's TM 90-01 that contains the procedures for 

7 demonstrating compliance with visible emissions 

8 requirements using COM data. 

9 Requirements 

10 These amendments are minor administrative 

11 corrections that are necessary before submitting the 

12 regulations to EPA. These amendments include: 

13 1. In COMAR 26.ll.Oi.10F, clarifyi ng tha t the QA/QC 

14 for COMs is now located in new COMAR 2 6.11.31. 

15 2. Removing the reference to Techni cal Memorandum 

16 90-01 by deleting COMAR 26.11.01.110(3). 

17 Consideration of Comments 

18 The Department will consider all comments 

19 before making a decision to adopt these amendmen ts. 

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21 MS. PERRY: This will conclude the public 

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1 hearing regarding proposed amendments to Regulations . 10 

2 and .11 under COMAR 2 6.11.01, General Administrative 

3 Provisions. 

4 Let t he record r eflect that it is now 10:26 and 

5 t his hear ing i s of f icially concluded. 

6 (Whereupon, the hearing was concluded.) 

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CERTIFICATE OF COURT REPORTER 

3 I, Linda Metcalf, do hereby certify that the 

4 foregoing transcription was reduced to typewriting via 

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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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LINDA METCALF 

Court Reporter 

For The Record, Inc. 

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