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1 MARYLAND DEPARTMENT OF THE ENVIRONMENT

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION

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4 Public Hearing Concerning

5 Regulations .01-.03, .04 and.05, .04-.09

6 Under COMAR 26.11.17

7 Nonattainment Provisions for 

8 Major New Sources and Major Modifications

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11 AUGUST 8, 2007

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14 HEARING OFFICER: DEBORAH RABIN, Regulation Development

15 Coordinator

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17 The above-entitled public hearing was conducted at

18 the Maryland Department of the Environment, 1800

19 Washington Boulevard, Baltimore, Maryland 21230 and

20 commenced at 10:23 a.m.

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1 A T T E N D E E S

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4 MARYLAND DEPARTMENT OF THE ENVIRONMENT:

5 Deborah Rabin

6 Husain Waheed

7 Carl York

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10 GUEST ATTENDEES:

11 Lou Cario

12 Jim Lyon

13 Steve McLain

14 Randy Mosier

15 Ron Paugh

16 Paul Yearling

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1 P R O C E E D I N 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 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 hearings. 

15 Also, copies of our regulation proposal,

16 support documents and the Department's statement are

17 available on the table for your information.

18 This hearing concerns the Air Quality

19 Regulations found in the Code of Maryland Regulations,

20 Title 26, Subtitle 11, Air Quality.

21 The Secretary of the Department proposes to

22 amend Regulations .01 through .03, repeal existing
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1 Regulations .04 and .05 and adopt new Regulations .04

2 through .09 under COMAR 26.11.17 Nonattainment Provisions

3 for Major New Sources and Major Modifications. 

4 The purpose of this hearing is to give you the

5 opportunity to comment on this action. The opportunity

6 for public comments on this proposed action appeared in

7 the Maryland Register, Volume 34, Issue 14, Page 1312 on

8 July 6th, 2007. 

9 The hearing will proceed in the following

10 order: 

11 First, Mr. Carl York will make a statement 

12 on behalf of the Air and Radiation Management

13 Administration.

14 After Mr. York is finished, I will call on any

15 elected official or government official who wants to make

16 a statement. Then I will call upon anyone else who

17 indicated on the sign-in sheet that he or she would like

18 to make a statement.

19 When giving your statement, please come up

20 front, identify yourself and your affiliation and give

21 your statement loudly and clearly. 

22 Are there any questions?
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1 (No questions proffered).

2 I will now call on Mr. York.

3 MR. YORK: Good morning, my name is Carl York,

4 I am the Special Project Manager of the Air Quality

5 Planning Program of the Air and Radiation Management

6 Administration, Maryland Department of the Environment.

7 This public hearing is being held pursuant to

8 the requirements of 40 CFR, Section 51.102, and Sections

9 2-301, et seq, of the Environment Article, Annotated Code

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

11 the State Administrative Procedures Act under the State

12 Government Article beginning at Section 10-101. 

13 Notice of this hearing appeared in the: 

14 Maryland Register on July 6th; 

15 MDE's website from June 21 to August 8th; 

16 The Baltimore Sun on July 6th; 

17 Saint Mary's Enterprise on July 6th; 

18 Cumberland Times-News on July 6th; 

19 Frederick News Post on July 6th; 

20 Salisbury Daily Times on July 6th; and 

21 The Washington Post on July 5. 

22 Copies of these notices were submitted for the record.
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1 Copies of this proposed action and supporting

2 documents were made available for review by the State

3 Clearinghouse, and are also submitted at this time into

4 the hearing record. Copies were made also available for

5 public inspection at the Air and Radiation Management

6 Administration Offices in Baltimore, Cumberland and

7 Salisbury, and at all local health departments or local

8 air quality control offices.

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

10 public an opportunity to comment on proposed amendments

11 to COMAR 26.11.17 concerning New Source Review.

12 The purpose of this action is to amend COMAR

13 26.11.17 relating to permits for the construction of new

14 major sources and major modifications so that they are

15 compatible with revised Federal new source review,

16 nonattainment provisions. 

17 This chapter adopts most of the Federal

18 definitions and procedural requirements except for the

19 provision relating to the determination of emission

20 increases. The Department maintains it's current

21 procedures that a baseline for determining emission

22 increases should be based on a five year look-back in
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1 place of the Federal ten year look-back. Unless there is

2 good reason, a five year look-back should not only be

3 representative of normal operations but more reflective

4 of current emissions as compared to operations that

5 existed nine or ten years ago.

6 Also, although use of the term "projected

7 emissions" as determined through Federal requirements is

8 new to this chapter, the concept is not new because of

9 the consideration given to emission increases caused by

10 increased production or the hours of operation. Under

11 the current regulations, these increases are not subject

12 to NSR requirements. Under Federal requirements, the

13 potential increase from increased production or hours of

14 operation are subtracted from other increases due to a

15 modification.

16 These amendments are a significant

17 clarification of new source review requirements for new

18 major or modified sources, while maintaining the same

19 substantive requirements relating to the major source

20 definition and offset ratios.

21 These amendments will be submitted to the U.S.

22 Environmental Protection Agency as a review to Maryland
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1 State Implementation Plan.

2 The Department will consider all comments

3 before making a decision to adopt these amendments.

4 That concludes my statement.

5 MS. RABIN: Would anyone like to comment on

6 this proposed action?

7 (Whereupon, no comments were proffered).

8 Let the record show that no one has commented

9 on this proposed action. 

10 This will conclude the public hearing regarding

11 COMAR 26.11.17. 

12 Let the record reflect that it is now 10:30 and

13 this hearing is officially concluded.

14 (Whereupon, the hearing was

15 concluded).

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1 CERTIFICATE OF REPORTER

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3 I, Frank Quinn, do hereby certify that the

4 foregoing proceeding was recorded by me and was

5 transcribed under my supervision; that I am neither

6 counsel for, related to, nor employed by any of the

7 parties to the action in which these proceedings were

8 transcribed; that I am not a relative or employee of any

9 attorney or counsel employed by the parties hereto, nor

10 financially or otherwise interested in the outcome of the

11 action.

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16 FRANK QUINN, REPORTER

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