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### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 MARYLAND DEPARTMENT OF THE ENVIRONMENT **1** AIR AND RADIATION MANAGEMENT ADMINISTRATION **2 3**  Public Hearing Concerning **4** Regulations .01-.03, .04 and.05, .04-.09 **5** Under COMAR 26.11.17 **6** Nonattainment Provisions for **7** Major New Sources and Major Modifications **8 9**  **10** AUGUST 8, 2007 **11 12**  **13** HEARING OFFICER: DEBORAH RABIN, Regulation Development **14** Coordinator **15 16**  The above-entitled public hearing was conducted at **17** the Maryland Department of the Environment, 1800 **18** Washington Boulevard, Baltimore, Maryland 21230 and **19** commenced at 10:23 a.m. **20 21**  **22 2** 



### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 **A T T E N D E E S 1** 

- - - - **2 3**  MARYLAND DEPARTMENT OF THE ENVIRONMENT: **4** Deborah Rabin **5** Husain Waheed **6** Carl York **7 8**  **9** GUEST ATTENDEES: **10** Lou Cario **11** Jim Lyon **12** Steve McLain **13** Randy Mosier **14** Ron Paugh **15** Paul Yearling **16 17**  **18 19**  **20 21**  **22 3** 



### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 **P R O C E E D I N G S 1** 

**- - - - - 2**  MS. RABIN: Good morning. On behalf of the **3** Department of the Environment and the Air and Radiation **4**Management Administration, I would like to welcome you to **5** this public hearing. **6** My name is Deborah Rabin, and I am the **7** Regulations Coordinator for the Air and Radiation **8** Management Administration. I will serve as hearing **9** officer for today's hearing. **10** I would like to ask all of you in attendance **11** today to please sign in, if you haven't already done so. **12** This will help us to keep an accurate record of the **13**people who participate in the hearings. **14** Also, copies of our regulation proposal, **15** support documents and the Department's statement are **16** available on the table for your information. **17** This hearing concerns the Air Quality **18** Regulations found in the Code of Maryland Regulations, **19** Title 26, Subtitle 11, Air Quality. **20** The Secretary of the Department proposes to **21** amend Regulations .01 through .03, repeal existing **22 4** 



### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Regulations .04 and .05 and adopt new Regulations .04 **1** through .09 under COMAR 26.11.17 Nonattainment Provisions **2** for Major New Sources and Major Modifications. **3** The purpose of this hearing is to give you the **4** opportunity to comment on this action. The opportunity **5** for public comments on this proposed action appeared in **6** the Maryland Register, Volume 34, Issue 14, Page 1312 on **7** July 6th, 2007. **8** The hearing will proceed in the following **9** order: **10** First, Mr. Carl York will make a statement **11** on behalf of the Air and Radiation Management **12**Administration. **13** After Mr. York is finished, I will call on any **14** elected official or government official who wants to make **15** a statement. Then I will call upon anyone else who **16** indicated on the sign-in sheet that he or she would like **17** to make a statement. **18** When giving your statement, please come up **19** front, identify yourself and your affiliation and give **20** your statement loudly and clearly. **21** Are there any questions? **22 5** 



### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 **(No questions proffered). 1**  I will now call on Mr. York. **2** MR. YORK: Good morning, my name is Carl York, **3** I am the Special Project Manager of the Air Quality **4** Planning Program of the Air and Radiation Management **5**Administration, Maryland Department of the Environment. **6** This public hearing is being held pursuant to **7** the requirements of 40 CFR, Section 51.102, and Sections **8** 2-301, et seq, of the Environment Article, Annotated Code **9** of Maryland. It is also being held in conformance with **10** the State Administrative Procedures Act under the State **11** Government Article beginning at Section 10-101. **12** Notice of this hearing appeared in the: **13** Maryland Register on July 6th; **14** MDE's website from June 21 to August 8th; **15** The Baltimore Sun on July 6th; **16** Saint Mary's Enterprise on July 6th; **17** Cumberland Times-News on July 6th; **18** Frederick News Post on July 6th; **19** Salisbury Daily Times on July 6th; and **20** The Washington Post on July 5. **21** Copies of these notices were submitted for the record. **22 6** 



### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Copies of this proposed action and supporting **1** documents were made available for review by the State **2** Clearinghouse, and are also submitted at this time into **3** the hearing record. Copies were made also available for **4**public inspection at the Air and Radiation Management **5**Administration Offices in Baltimore, Cumberland and **6** Salisbury, and at all local health departments or local **7** air quality control offices. **8** The purpose of today's hearing is to give the **9**public an opportunity to comment on proposed amendments **10** to COMAR 26.11.17 concerning New Source Review. **11** The purpose of this action is to amend COMAR **12** 26.11.17 relating to permits for the construction of new **13**major sources and major modifications so that they are **14** compatible with revised Federal new source review, **15** nonattainment provisions. **16** This chapter adopts most of the Federal **17** definitions and procedural requirements except for the **18**provision relating to the determination of emission **19** increases. The Department maintains it's current **20** procedures that a baseline for determining emission **21** increases should be based on a five year look-back in **22 7** 



### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 place of the Federal ten year look-back. Unless there is **1** good reason, a five year look-back should not only be **2** representative of normal operations but more reflective **3** of current emissions as compared to operations that **4** existed nine or ten years ago. **5** Also, although use of the term "projected **6** emissions" as determined through Federal requirements is **7** new to this chapter, the concept is not new because of **8** the consideration given to emission increases caused by **9** increased production or the hours of operation. Under **10** the current regulations, these increases are not subject **11** to NSR requirements. Under Federal requirements, the **12**potential increase from increased production or hours of **13** operation are subtracted from other increases due to a **14**modification. **15** These amendments are a significant **16** clarification of new source review requirements for new **17**major or modified sources, while maintaining the same **18** substantive requirements relating to the major source **19** definition and offset ratios. **20** These amendments will be submitted to the U.S. **21** Environmental Protection Agency as a review to Maryland **22 8** 



### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 State Implementation Plan. **1** The Department will consider all comments **2** before making a decision to adopt these amendments. **3** That concludes my statement. **4** MS. RABIN: Would anyone like to comment on **5** this proposed action? **6 (Whereupon, no comments were proffered).**  **7** Let the record show that no one has commented **8** on this proposed action. **9** This will conclude the public hearing regarding **10** COMAR 26.11.17. **11** Let the record reflect that it is now 10:30 and **12** this hearing is officially concluded. **13 (Whereupon, the hearing was**  **14 concluded).**  **15 16** 

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### For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 CERTIFICATE OF REPORTER **1 2**  I, Frank Quinn, do hereby certify that the **3** foregoing proceeding was recorded by me and was **4** transcribed under my supervision; that I am neither **5** counsel for, related to, nor employed by any of the **6**parties to the action in which these proceedings were **7** transcribed; that I am not a relative or employee of any **8** attorney or counsel employed by the parties hereto, nor **9** financially or otherwise interested in the outcome of the **10** action. **11 12**  **13 14**  **15** FRANK QUINN, REPORTER **16 17**  **18 19**  **20 21**  **22**