1 2 3 4 5 6 7 8 9 10 11 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. 16 17 BEFORE: KATHLEEN PERRY, Hearing Officer 18 19 Repor ted by: Linda Metcalf 20 21 

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### 3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 4 5 6 7 8 9 10 11 1 2 13 14 15 16 17 18 19 20 2 1 KATHLEEN PERRY, Legislative Coordinator DEBORAH RABIN, Regulation Development Coordinator Regulation Development Division

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### ARMA Maryland Depar tment of the Environment 1800 Washington Boulevard, Suite 730 Baltimore, Maryland 21 230



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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 K athl een Perr y and I am the Legislative Coordi nator f or the Air and Radiation Management Administration. I will serve as hearing
o fficer for 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 for your information. This hearing concerns Air Quality Regulati ons found in the Code of Maryland Regulations, Title 26, Subtitle 11, Air Quality. The Secretary of the Department proposes to amend Regulations .10 and .1 1


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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. A fter Ms. Rabin is finished, I will call
on any elected official or governm ent official who wants to make a statement. Then, I w i ll call upon anyone else who indicated on the s i 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 hi s r egulation

. I will now call on Ms. R abin. MS. RABIN: Good mor ni ng. My name is Deborah Rabin, I'm the Regulat i ons Coordi nator for the Air and Radiati on Management Admini stra tion. I am submitting my hearing statement for 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 nam e is D eborah Rabi n . I am t he R egulat i ons C

oor dinat or for t he Air and Radi ation M anagement


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### (800) 921-55557 1 Administration, Department of the Environment. This public hearing is being held pursuant to 2 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 18 19 20 21 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


### For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800} 921-55558 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 Administrat i ve Provisions that were published in the 6 Maryland Regi ster on Apr il 22, 2011. 7 Summary 8 The purpose of 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 26.11.01.11 and clarify 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


### For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800) 921-55559 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 that the QA/QC 14 for COMs is now located in new COMAR 26.11.31. 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 amendments. 20 21 MS. PERRY: This will conclude the public


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### (800) 921-555510 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.) 7 8 9 10 11 12 13 

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3 I, Linda Metcalf, do hereby certify that the 4 foregoing transcription was reduced to typewriting via 11

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. 11 12 13 14 15 16 17 18 19 20 21 LINDA METCALF Court Reporter



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