MDE 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore :MD 21230 

410-537-3000 • 1-800-633-6101 • www.mde.state.md.us 

Martin O'Malley 

Governor 

Anthony G. Brown 

Lieutenant Governor 

Mr. Shawn M. Garvin 

Regional Administrator (3RAOO) 

U.S. Environmental Protection Agency 

Region Ill 

1650 Arch Street 

Philadelphia PA 19103-2029 

~hiAIVYl Dear~rv1n: 

Robert M. Summers, Ph.D. 

Secretary 

August22,2013 

This letter submits the enclosed State Implementation Plan (SIP) Revision# 13-05 incorporating 

federal standards for PM2.s and its precursors into Maryland's New Source Review (NSR) Prevention 

of Significant Deterioration (PSD) program. These amendments provide that future amendments to 

the federal PSD program will be automatically included in Maryland regulations. This action adds 

provisions for fine particulate matter and its precursors. This SIP Revision includes amendments to 

Regulation .01 under COMAR 26.11.01 (General Administrative Provisions) and Regulation .14 under 

COMAR 26.11.06 (General Emission Standards, Prohibitions, and Restrictions). 

The Notice of Proposed Action was published in the Marvland Register on April 5, 2013. A public 

hearing was held on May 7, 2013. The action was adopted on June 14, 2013. The Notice of Final 

Action was published on June 28, 2013 and the action became effective on July 8, 2013. All required 

administrative procedures were followed throughout the adoption process. 

I certify that the electronic copy of this SIP submittal (compact disk enclosed) is an exact duplicate of 

the official hard copy. If you have any questions concerning this SIP action, please feel free to call me 

at (410) 537-3084 or Mr. George (Tad) S. Abum, Jr., Director of the Air and Radiation Management 

Administration, at (410) 537-3255. 

Sincerely, 

Robert M. Summers, Ph.D. 

Secretary 

Enclosure 

~ Recycled Paper www. mde.state.md.us TIY Users 1-800-735-2258 

Via Maryland Relay Service 
PROPOSED ACTION ON REGULATIONS

621

MARYLAND REGISTER, VOLUME 40, ISSUE 7, FRIDAY, APRIL 5, 2013

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT

Subtitle 11 AIR QUALITY

Notice of Proposed Action

[13-096-P]

The Secretary of the Environment proposes to amend:

(1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulation .14 under COMAR 26.11.06 General Emission 

Standards, Prohibitions, and Restrictions. 

Statement of Purpose

The purpose of this action is to incorporate updated federal 

standards for the New Source Review (NSR) Prevention of 

Significant Deterioration (PSD) program. This amendment will 

provide that future amendments to the federal PSD program will be 

automatically included in Maryland regulations. This incorporation 

by reference will add provisions for fine particulate matter and its 

precursors, provisions to defer inclusion of sources of biogenic 

emissions under PSD and removes certain grandfathering provisions. 

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

Protection Agency (EPA) for approval as part of Maryland‘s State 

Implementation Plan.

Background

On July 18, 1997, the EPA revised the NAAQS for PM to add 

new standards for fine particles, using PM2.5 as the indicator. Healthbased (primary) annual and 24-hour standards for PM2.5 were 

established at 15 micrograms per cubic meter (μg/m3) and 65 μg/m3, 

respectively (62 FR 38652). At the same time that the primary 

standards were set, the EPA also established welfare-based 

(secondary) standards identical to the primary standards. On October 

17, 2006, the EPA revised the primary and secondary NAAQS for 

PM2.5 and PM10 (71 FR 61143). In the final rule, the EPA reduced the 

24-hour NAAQS for PM2.5 to 35 μg/m3 and retained the existing 

annual PM2.5 NAAQS of 15 μg/m3.

Epidemiological studies measuring health effects associated with 

PM2.5 have shown a significant correlation between elevated PM2.5

levels and premature mortality. Other important effects associated 

with PM2.5 exposure include aggravation of respiratory and 

cardiovascular disease, lung disease, decreased lung function, asthma 

attacks, and certain cardiovascular problems. Individuals particularly 

sensitive to PM2.5 exposure include older adults, people with heart 

and lung disease, and children.

EPA has finalized a number of amendments to the PSD 

requirements during 2010, 2011, and 2012. These amendments 

include the following:

March 12, 2012 - This proposed rule would clarify that 

condensable particulate matter should be included as part of the 

emissions measurements for regulation of PM2.5 and PM10. The 

proposal would remove the inadvertent requirement in the 2008 

PM2.5 NSR Implementation Rule, that measurements of condensable 

particulate matter be included as part of the measurement and 

regulation of much larger particles included as ―particulate matter 

emissions.‖

May 10, 2011 - EPA issues a final rule to repeal the grandfather 

provision for PM2.5 contained in the federal PSD permit program. 

January 12, 2011 - EPA announces its plan to defer, for three 

years, greenhouse gas (GHG) permitting requirements for carbon 

dioxide (CO2) emissions from biomass-fired and other biogenic 

sources.

On December 23, 2010, the U.S. Environmental Protection 

Agency (EPA) issued a series of rules that put the necessary 

regulatory framework in place to ensure that 1) industrial facilities 

can get Clean Air Act permits covering their greenhouse gas (GHG)

emissions when needed and 2) facilities emitting GHGs at levels 

below those established in the Tailoring Rule do not need to obtain 

Clean Air Act permits. 

September 29, 2010 - EPA has established key components for 

making PSD permitting determinations for fine particle pollution -

increments, significant impact levels (SILs), and a significant 

monitoring concentration (SMC). 

Sources Affected and Location 

The NSR PSD program applies to new major sources locating in 

attainment areas and major modifications that occur in attainment 

areas. The program also applies in nonattainment areas. In 

nonattainment areas, new major sources or major modifications of 

regulated NSR pollutants for which the area is not nonattainment 

must meet PSD requirements.

Requirements

Specific Requirements for PM2.5

These amendments to COMAR 26.11.17, Nonattainment 

Provisions for Major New Sources and Major Modifications, 

reflecting the amendments to 40 CFR 51.165 and 40 CFR 51 

Appendix S, establish the following:

• SO2 and NOx are precursors to PM2.5;

• The emission rate applicable to Major Stationary Source 

threshold for PM2.5 and its precursors is 100 tpy; and 

• The emission rate applicable to Major Modification for PM2.5 is 

10 tpy direct PM2.5, 40 tpy of SO2 and 40 tpy of NOx.

General Requirements for PSD

Prevention of Significant Deterioration (PSD) applies to new 

major sources or major modifications at existing sources for 

pollutants where the area the source is located is in attainment or 

unclassifiable with the National Ambient Air Quality Standards 

(NAAQS). It requires the following:

1. installation of the ―Best Available Control Technology 

(BACT)‖;

2. an air quality analysis;

3. an additional impacts analysis; and

4. public involvement.

Best Available Control Technology (BACT)

BACT is an emissions limitation which is based on the maximum 

degree of control that can be achieved. It is a case-by-case decision 

that considers energy, environmental, and economic impact. BACT 

can be add-on control equipment or modification of the production 

processes or methods. This includes fuel cleaning or treatment and 

innovative fuel combustion techniques. BACT may be a design, 

equipment, work practice, or operational standard if imposition of an 

emissions standard is infeasible.

The RACT/BACT/LAER Clearinghouse (RBLC) database 

contains information on what has been required as BACT in air 

permits.

Air Quality Analysis 

The main purpose of the air quality analysis is to demonstrate that 

new emissions emitted from a proposed major stationary source or 

major modification, in conjunction with other applicable emissions 
PROPOSED ACTION ON REGULATIONS

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MARYLAND REGISTER, VOLUME 40, ISSUE 7, FRIDAY, APRIL 5, 2013

increases and decreases from existing sources, will not cause or 

contribute to a violation of any applicable NAAQS or PSD 

increment.

Generally, the analysis will involve (1) an assessment of existing 

air quality, which may include ambient monitoring data and air 

quality dispersion modeling results, and (2) predictions, using 

dispersion modeling, of ambient concentrations that will result from 

the applicant‘s proposed project and future growth associated with 

the project.

Class I areas are areas of special national or regional natural, 

scenic, recreational, or historic value for which the PSD regulations 

provide special protection. The Federal Land Manager (FLM), 

including the State or Indian governing body, where applicable, is 

responsible for defining specific Air Quality Related Values 

(AQRV‘s) for an area and for establishing the criteria to determine an 

adverse impact on the AQRV‘s. If a FLM determines that a source 

will adversely impact AQRV‘s in a Class I area, the FLM may 

recommend that the permitting agency deny issuance of the permit, 

even in cases where no applicable increments would be exceeded. 

However, the permitting authority makes the final decision to issue or 

deny the permit.

PSD Increment 

PSD increment is the amount of pollution an area is allowed to 

increase. PSD increments prevent the air quality in clean areas from 

deteriorating to the level set by the NAAQS. The NAAQS is a 

maximum allowable concentration ―ceiling.‖ A PSD increment, on 

the other hand, is the maximum allowable increase in concentration 

that is allowed to occur above a baseline concentration for a 

pollutant. The baseline concentration is defined for each pollutant 

and, in general, is the ambient concentration existing at the time that 

the first complete PSD permit application affecting the area is 

submitted. Significant deterioration is said to occur when the amount 

of new pollution would exceed the applicable PSD increment. It is 

important to note, however, that the air quality cannot deteriorate 

beyond the concentration allowed by the applicable NAAQS, even if 

not all of the PSD increment is consumed.

Additional Impacts Analysis 

The additional impacts analysis assesses the impacts of air, ground 

and water pollution on soils, vegetation, and visibility caused by any 

increase in emissions of any regulated pollutant from the source or 

modification under review, and from associated growth. Associated 

growth is industrial, commercial, and residential growth that will 

occur in the area due to the source.

Expected Emissions Reductions

This incorporation by reference requires affected major sources of 

emissions to install Best Available Control Technology (BACT) 

which may not have occurred in the absence of this program.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small 

businesses.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities 

as follows:

This action will have a positive impact on individuals with 

disabilities involving respiratory problems by reducing air pollutants 

that contribute to disease.

Opportunity for Public Comment

The Department of the Environment will hold a public hearing on 

the proposed action on May 7, 2013, at 10 a.m., at the Department of 

the Environment, 1800 Washington Boulevard, 1st Floor Conference 

Rooms, Baltimore, Maryland 21230-1720. Interested persons are 

invited to attend and express their views. Comments may be sent to 

Deborah Rabin, Regulations Coordinator, Air and Radiation 

Management Administration, Department of the Environment, 1800 

Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720, 

or emailed to drabin@mde.state.md.us. Comments must be received 

not later than May 7, 2013, or be submitted at the hearing. For more 

information, call Deborah Rabin at (410) 537-3240.

Copies of the proposed action and supporting documents are 

available for review at the following locations: The Air and Radiation 

Management Administration; regional offices of the Department in 

Cumberland and Salisbury; all local air quality control offices; and 

local health departments in those counties not having separate air 

quality control offices.

Anyone needing special accommodations at the public hearing 

should contact the Department‘s Fair Practices Office at (410) 537-

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258.

26.11.01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.01 Definitions. 

A. (text unchanged)

B. Terms Defined. 

(1) — (36) (text unchanged)

(37) ―Prevention of Significant Deterioration (PSD) source‖

means any new or modified source subject to the provisions of 40 

CFR §52.21, as [published in the 2009 edition, as amended by the 

―Prevention of Significant Deterioration and Title V Greenhouse Gas 

Tailoring Rule‖ (75 FR 31514) and the ―Deferral for CO2 Emissions 

from Bioenergy and Other Biogenic Sources under the Prevention of 

Significant Deterioration and Title V Programs‖ (76 FR 43490), 

including:] amended.

[(a) Any of the following sources which emit, or have the 

potential to emit, 100 tons per year of any air pollutant, except for 

greenhouse gases, regulated under the federal Clean Air Act 

Amendments of 1977 (42 U.S.C. §7401 et seq.): 

(i) Fossil fuel-fired steam electric plants of more than 250 

million Btu per hour heat input; 

(ii) Coal cleaning plants (with thermal dryers); 

(iii) Kraft pulp mills; 

(iv) Portland cement plants; 

(v) Primary zinc smelters; 

(vi) Iron and steel mill plants; 

(vii) Primary aluminum ore reduction plants; 

(viii) Primary copper smelters; 

(ix) Municipal incinerators capable of charging more than 

250 tons of refuse per day; 

(x) Hydrofluoric, sulfuric, and nitric acid plants; 

(xi) Petroleum refineries; 

(xii) Lime plants; 

(xiii) Phosphate rock processing plants; 

(xiv) Coke oven batteries; 

(xv) Sulfur recovery plants; 

(xvi) Carbon black plants (furnace process); 

(xvii) Primary lead smelters; 

(xviii) Fuel conversion plants; 

(xix) Sintering plants; 

(xx) Secondary metal production plants; 
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MARYLAND REGISTER, VOLUME 40, ISSUE 7, FRIDAY, APRIL 5, 2013

(xxi) Chemical process plants; 

(xxii) Fossil fuel boilers (or combination of them) 

totaling more than 250 million Btu per hour heat input; 

(xxiii) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels; 

(xxiv) Taconite ore processing plants; 

(xxv) Glass fiber processing plants; 

(xxvi) Charcoal production plants; 

(b) Any other source which emits or has the potential to emit 

250 tons per year or more of any air pollutant, except for greenhouse 

gases, regulated under the Federal Clean Air Act (42 U.S.C. 7401 et 

seq.); 

(c) Beginning January 2, 2011, sources of GHGs to which 

40 CFR 52.21(b)(49)(iv) applies; and 

(d) Beginning July 1, 2011, sources of GHGs to which 40 

CFR 52.21(b)(49)(v) applies.]

(38) — (53) (text unchanged)

26.11.06 General Emission Standards, 

Prohibitions, and Restrictions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.14 Control of PSD Sources. 

A. (text unchanged)

B. General Requirements. 

(1) A person may not construct, modify, or operate, or cause to 

be constructed, modified, or operated, a Prevention of Significant 

Deterioration (PSD) source, as defined in COMAR 

26.11.01.01B(37), which will result in violation of any provision of 

40 CFR §52.21, as [published in the 2009 edition, as amended by the 

―Prevention of Significant Deterioration and Title V Greenhouse Gas 

Tailoring Rule‖ (75 FR 31514) and the ―Deferral for CO2 Emissions 

from Bioenergy and Other Biogenic Sources under the Prevention of 

Significant Deterioration and Title V Programs‖ (76 FR 43490)]

amended.

(2) (text unchanged) 

ROBERT M. SUMMERS, Ph.D.

Secretary of the Environment

Subtitle 11 AIR QUALITY

Notice of Proposed Action

[13-095-P]

The Secretary of the Environment proposes to amend:

(1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulations .01 and .02 under COMAR 26.11.17 

Nonattainment Provisions for Major New Sources and Major 

Modifications. 

Statement of Purpose

The purpose of this action is to incorporate federal standards for 

the New Source Review (NSR) program for fine particulate matter 

and its precursors into the Code of Maryland Regulations (COMAR). 

Fine particulate matter is defined as particles with an aerodynamic 

diameter less than or equal to a nominal 2.5 micrometers and is 

referred to as PM2.5. Maryland‘s nonattainment area (NAA) NSR 

program is contained in COMAR 26.11.17, and applies to major 

stationary sources and major modifications which are major for PM2.5

or its precursors at facilities located in Baltimore City, Anne Arundel, 

Baltimore, Carroll, Charles, Frederick, Harford, Howard, 

Montgomery, Prince George‘s and Washington counties.

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

Protection Agency (EPA) for approval as part of Maryland‘s State 

Implementation Plan (SIP).

Background

On July 18, 1997, the EPA revised the National Ambient Air 

Quality Standards (NAAQS) for PM to add new standards for fine 

particles, using PM2.5 as the indicator. Health-based (primary) annual 

and 24-hour standards for PM2.5 were established at 15 micrograms 

per cubic meter (μg/m3) and 65 μg/m3, respectively (62 FR 38652). 

At the same time that the primary standards were set, the EPA also 

established welfare-based (secondary) standards identical to the 

primary standards. 

Epidemiological studies measuring health effects associated with 

PM2.5 have shown a significant correlation between elevated PM2.5

levels and premature mortality. Other important effects associated 

with PM2.5 exposure include aggravation of respiratory and 

cardiovascular disease, lung disease, decreased lung function, asthma 

attacks, and certain cardiovascular problems. Individuals particularly 

sensitive to PM2.5 exposure include older adults, people with heart 

and lung disease, and children.

The Clean Air Fine Particle Implementation Rule was proposed in 

the Federal Register on November 1, 2005 and included proposed 

revisions to the NSR program along with plans to implement the 

1997 PM2.5 NAAQS (70 FR 65984). Details included requirements 

and guidance for State and local air pollution agencies to follow in 

developing State Implementation Plans (SIPs) and NSR program 

provisions. On April 25, 2007, the final implementation rule that 

included all the SIP related provisions was promulgated by the EPA 

(72 FR 20585).

On October 17, 2006, the EPA revised the primary and secondary 

NAAQS for PM2.5 and PM10 (71 FR 61143). In the final rule, the 

EPA reduced the 24-hour NAAQS for PM2.5 to 35 μg/m3 and 

retained the existing annual PM2.5 NAAQS of 15 μg/m3. 

On May 16, 2008, the EPA finalized the NSR provisions of the 

November 1, 2005 proposed rule, and included details on major 

source threshold, significant emissions rate, and applicability of NSR 

to PM2.5 precursors (―Implementation of the New Source Review 

(NSR) Program for Particulate Matter Less Than 2.5 Micrometers 

(PM2.5)‖ (73 FR 28321)). In this final rule, changes associated with 

PM2.5 and its precursors to nonattainment area (NAA) NSR and NSR

prevention of significant deterioration (PSD) programs were 

established.

In the development of the federal regulation, the EPA identified 

sulfur dioxide (SO2) and nitrogen oxides (NOx) as precursors for 

PM2.5; the MDE is adopting the same precursors (SO2 and NOx) to its 

nonattainment program for PM2.5. Per 73 FR 28321, the final federal 

rule was effective on July 15, 2008, and the federal NSR 

requirements were effective on January 1, 2011. 

Sources Affected and Location 

Section I.A. of 73 FR 28321 identifies the following industries as 

potentially affected by this new rule: electric services, petroleum 

refining, industrial organic/inorganic chemicals, natural gas liquids, 

natural gas transport, pulp and paper mill, automobile manufacturing 

and pharmaceuticals. Major stationary sources and major 

modifications located in PM2.5 nonattainment areas in Maryland, 

specifically in Baltimore City, Anne Arundel, Baltimore, Carroll, 

Charles, Frederick, Harford, Howard, Montgomery, Prince George‘s 

and Washington counties, would therefore be subject to the NSR 

program.

A review of sources located in Maryland and which submitted 

annual emission certification reports between 2007 and 2010 

identified ten (10) sources with emissions greater than 100 tons per 

year (tpy) PM2.5. Evaluating this, these sources, if newly locating to 
TECHNICAL SUPPORT DOCUMENT

Department of the Environment 

Amendments to COMAR 26.11.01.01 General 

Administrative Provisions and COMAR 26.11.06.14 

General Emission Standards, Prohibitions, and 

Restrictions

Purpose of the New Regulations/Amendments 

The purpose of this action is to incorporate updated federal standards for the New Source 

Review (NSR) Prevention of Significant Deterioration (PSD) program. This amendment will 

provide that future amendments to the federal PSD program will be automatically included in 

Maryland regulations. This incorporation by reference will add provisions for fine particulate 

matter and its precursors, provisions to defer inclusion of sources of biogenic emissions under 

PSD and removes certain grandfathering provisions. 

Submission to EPA as Revision to Maryland's SIP (or 111(d) Plan, or Title V Program) 

These amendments will be submitted to the U.S. Environmental Protection Agency (EPA) for 

approval as part of Maryland's State Implementation Plan.

Background 

On July 18, 1997, the EPA revised the NAAQS for PM to add new standards for fine particles, 

using PM2.5 as the indicator. Health-based (primary) annual and 24-hour standards for PM2.5 

were established at 15 micrograms per cubic meter (μg/m3) and 65 μg/m3, respectively (62 FR 

38652). At the same time that the primary standards were set, the EPA also established welfarebased (secondary) standards identical to the primary standards. On October 17, 2006, the EPA 

revised the primary and secondary NAAQS for PM2.5 and PM10 (71 FR 61143). In the final 

rule, the EPA reduced the 24-hour NAAQS for PM2.5 to 35 μg/m3 and retained the existing 

annual PM2.5 NAAQS of 15 μg/m3. 

Epidemiological studies measuring health effects associated with PM2.5 have shown a 

significant correlation between elevated PM2.5 levels and premature mortality. Other important 

effects associated with PM2.5 exposure include aggravation of respiratory and cardiovascular 

disease, lung disease, decreased lung function, asthma attacks, and certain cardiovascular 

problems. Individuals particularly sensitive to PM2.5 exposure include older adults, people with 

heart and lung disease, and children. 

EPA has finalized a number of amendments to the PSD requirements during 2010, 2011, and 

2012. These amendments include the following: 

March 12, 2012 - This proposed rule would clarify that condensable particulate matter should be 

included as part of the emissions measurements for regulation of PM2.5 and PM10. The proposal 

1 
would remove the inadvertent requirement in the 2008 PM2.5 NSR Implementation Rule, that 

measurements of condensable particulate matter be included as part of the measurement and 

regulation of much larger particles included as "particulate matter emissions." 

May 10, 2011 - EPA issues a final rule to repeal the grandfather provision for PM2.5 contained 

in the federal PSD permit program. 

January 12, 2011 - EPA announces its plan to defer, for three years, greenhouse gas (GHG) 

permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other 

biogenic sources. 

On December 23, 2010, the U.S. Environmental Protection Agency (EPA) issued a series of 

rules that put the necessary regulatory framework in place to ensure that 1) industrial facilities 

can get Clean Air Act permits covering their greenhouse gas (GHG) emissions when needed and 

2) facilities emitting GHGs at levels below those established in the Tailoring Rule do not need to 

obtain Clean Air Act permits. 

September 29, 2010 - EPA has established key components for making PSD permitting 

determinations for fine particle pollution - increments, significant impact levels (SILs), and a 

significant monitoring concentration (SMC). 

Affected Sources 

The NSR PSD program applies to new major sources locating in attainment areas and 

major modifications that occur in attainment areas. The program also applies in nonattainment 

areas. In nonattainment areas, new major sources or major modifications of regulated NSR 

pollutants for which the area is not nonattainment must meet PSD requirements.

Requirements 

Specific Requirements for PM2.5 

These amendments to COMAR 26.11.17, Nonattainment Provisions for Major New Sources and 

Major Modifications, reflecting the amendments to 40 CFR 51.165 and 40 CFR 51 Appendix S, 

establish the following: 

• SO2 and NOx are precursors to PM2.5; 

• The emission rate applicable to Major Stationary Source threshold for PM2.5 and its precursors 

is 100 tpy; and 

• The emission rate applicable to Major Modification for PM2.5 is 10 tpy direct PM2.5, 40 tpy of 

SO2 and 40 tpy of NOx. 

General Requirements for PSD 

Prevention of Significant Deterioration (PSD) applies to new major sources or major 

modifications at existing sources for pollutants where the area the source is located is in 

attainment or unclassifiable with the National Ambient Air Quality Standards (NAAQS). It 

 2
requires the following: 

1. installation of the "Best Available Control Technology (BACT)"; 

2. an air quality analysis; 

3. an additional impacts analysis; and 

4. public involvement. 

Best Available Control Technology (BACT) 

BACT is an emissions limitation which is based on the maximum degree of control that can be 

achieve. It is a case-by-case decision that considers energy, environmental, and economic 

impact. BACT can be add-on control equipment or modification of the production processes or 

methods. This includes fuel cleaning or treatment and innovative fuel combustion techniques. 

BACT may be a design, equipment, work practice, or operational standard if imposition of an 

emissions standard is infeasible. 

The RACT/BACT/LAER Clearinghouse (RBLC) database contains information on what has 

been required as BACT in air permits. 

Air Quality Analysis 

The main purpose of the air quality analysis is to demonstrate that new emissions emitted from a 

proposed major stationary source or major modification, in conjunction with other applicable 

emissions increases and decreases from existing sources, will not cause or contribute to a 

violation of any applicable NAAQS or PSD increment. 

Generally, the analysis will involve (1) an assessment of existing air quality, which may include 

ambient monitoring data and air quality dispersion modeling results, and (2) predictions, using 

dispersion modeling, of ambient concentrations that will result from the applicant's proposed 

project and future growth associated with the project. 

Class I areas are areas of special national or regional natural, scenic, recreational, or historic 

value for which the PSD regulations provide special protection. The Federal Land Manager 

(FLM), including the State or Indian governing body, where applicable, is responsible for 

defining specific Air Quality Related Values (AQRV's) for an area and for establishing the 

criteria to determine an adverse impact on the AQRV's. If a FLM determines that a source will 

adversely impact AQRV's in a Class I area, the FLM may recommend that the permitting agency 

deny issuance of the permit, even in cases where no applicable increments would be exceeded. 

However, the permitting authority makes the final decision to issue or deny the permit. 

PSD Increment 

PSD increment is the amount of pollution an area is allowed to increase. PSD increments prevent 

the air quality in clean areas from deteriorating to the level set by the NAAQS. The NAAQS is a 

maximum allowable concentration "ceiling." A PSD increment, on the other hand, is the 

maximum allowable increase in concentration that is allowed to occur above a baseline 

concentration for a pollutant. The baseline concentration is defined for each pollutant and, in 

general, is the ambient concentration existing at the time that the first complete PSD permit 

application affecting the area is submitted. Significant deterioration is said to occur when the 

amount of new pollution would exceed the applicable PSD increment. It is important to note, 

 3
 4

however, that the air quality cannot deteriorate beyond the concentration allowed by the 

applicable NAAQS, even if not all of the PSD increment is consumed. 

Additional Impacts Analysis 

The additional impacts analysis assesses the impacts of air, ground and water pollution on soils, 

vegetation, and visibility caused by any increase in emissions of any regulated pollutant from the 

source or modification under review, and from associated growth. Associated growth is 

industrial, commercial, and residential growth that will occur in the area due to the source. 

Expected Emissions Reductions 

This incorporation by reference requires affected major sources of emissions to install Best 

Available Control Technology (BACT) which may not have occurred in the absence of this 

program. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, but the proposed action is not 

more restrictive or stringent. The federal NSR PSD requirements are contained in 40 CFR 52.21. 

Economic Impact on Affected Sources, the Department, other State Agencies, Local 

Government, other Industries or Trade Groups, the Public 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small businesses. 
Title 26 DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, 

Annotated Code of Maryland 

.01 Definitions. 

A. In this subtitle, the following terms have the meanings indicated. 

B. Terms Defined. 

(37) “Prevention of Significant Deterioration (PSD) source” means any new or modified source subject to 

the provisions of 40 CFR §52.21, as amended. 

Title 26 DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 06 General Emission Standards, Prohibitions, and Restrictions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, 

Annotated Code of Maryland 

.14 Control of PSD Sources. 

A. Definition. 

(1) In the following provisions, "Administrator" has the meaning set forth in §A(2) of this regulation: 

(a) 40 CFR §52.21(b)(3)(iii)(a), (17), (37)(i) and (iii), (43), (48)(ii), (50)(i), (51); 

(b) 40 CFR §52.21(g)(1),(2),(4),(5),and (6); 

(c) 40 CFR §52.21(i)(1)(x); 

(d) 40 CFR §52.21(l)(2); 

(e) 40 CFR §52.21(o)(3); 

(f) 40 CFR §52.21(p)(1) and (2); 

1
2

(g) 40 CFR §52.21(s); 

(h) 40 CFR §52.21(t); and 

(i) 40 CFR §52.21(u)(1)(3) and (4). 

(2) Term Defined. "Administrator" means the Administrator of the United States Environmental Protection 

Agency. 

B. General Requirements. 

(1) A person may not construct, modify, or operate, or cause to be constructed, modified, or operated, a 

Prevention of Significant Deterioration (PSD) source, as defined in COMAR 26.11.01.01B(37), which will 

result in violation of any provision of 40 CFR §52.21, as amended. 

(2) The reviewing authority is the Department instead of the Administrator unless otherwise specified in 40 

CFR §52.1116, and the applicable procedures are those set forth in COMAR 26.11.02. 
FINAL ACTION ON REGULATIONS

1076

MARYLAND REGISTER, VOLUME 40, ISSUE 13, FRIDAY, JUNE 28, 2013

Subtitle 34 BOARD OF PHARMACY

Notice of Final Action

[13-114-F] 

On June 17, 2013, the Secretary of Health and Mental Hygiene 

adopted:

(1) Amendments to Regulations .01 and .03―.05 under COMAR 

10.34.14 Opening and Closing of Pharmacies; and

(2) Amendments to Regulation .01 and new Regulation .01-1

under COMAR 10.34.30 Change to Permit―Pharmacy or 

Wholesale Distribution Permit Holder.

This action, which was proposed for adoption in 40:8 Md. R. 

741—742 (April 19, 2013), has been adopted as proposed. 

Effective Date: July 8, 2013.

JOSHUA M. SHARFSTEIN, M.D.

Secretary of Health and Mental Hygiene

Title 15 

DEPARTMENT OF 

AGRICULTURE

Subtitle 05 PESTICIDE USE CONTROL

15.05.01 Use and Sale of Pesticides, Certification 

of Pesticide Applicators and Pest Control 

Consultants, and Licensing of Pesticide 

Businesses

Authority: Agriculture Article, §§2-103, 5-204, 5-207 and 5-210.2, Annotated 

Code of Maryland 

Notice of Final Action

[13-017-F] 

On June 18, 2013, the Secretary of Agriculture adopted 

amendments to Regulations .01 and .14 under COMAR 15.05.01 

Use and Sale of Pesticides, Certification of Pesticide Applicators 

and Pest Control Consultants, and Licensing of Pesticide 

Businesses. This action, which was proposed for adoption in 40:2 

Md. R. 153—155 (January 25, 2013) and reproposed in 40:9 Md. R. 

805—806 (May 3, 2013), has been adopted as reproposed. 

Effective Date: July 8, 2013.

EARL F. HANCE

Secretary of Agriculture

Subtitle 15 MARYLAND 

AGRICULTURAL LAND 

PRESERVATION FOUNDATION

15.15.06 Lot Released from Easement for 

Landowner or Child

Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of 

Maryland 

Notice of Final Action

[13-127-F] 

On June 18, 2013, the Secretary of Agriculture adopted 

amendments to Regulations .01—.04, the repeal of existing 

Regulations .05 and .06, and new Regulations .05— .07 under 

COMAR 15.15.06 Lot Released from Easement for Landowner 

or Child. This action, which was proposed for adoption in 40:9 Md. 

R. 806—808 (May 3, 2013), has been adopted as proposed. 

Effective Date: July 8, 2013.

EARL F. HANCE

Secretary of Agriculture

Title 20 

PUBLIC SERVICE 

COMMISSION

Subtitle 61 RENEWABLE ENERGY 

PORTFOLIO STANDARD PROGRAM

Notice of Final Action

[13-112-F] 

On June 12, 2013, the Public Service Commission adopted 

amendments to:

(1) Regulation .03 under COMAR 20.61.01 General; 

(2) Regulations .01 and .03 under COMAR 20.61.02 

Certifiable Renewable Energy Facilities; and 

(3) Regulation .02 under COMAR 20.61.03 Renewable 

Energy Credit.

This action, which was proposed for adoption in 40:8 Md. R. 

763—764 (April 19, 2013), has been adopted as proposed. 

Effective Date: July 8, 2013.

DAVID COLLINS

Executive Secretary

Public Service Commission

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT

Subtitle 11 AIR QUALITY

Notice of Final Action

[13-096-F] 

On June 14, 2013, the Secretary of the Environment adopted 

amendments to: 

(1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulation .14 under COMAR 26.11.06 General Emission 

Standards, Prohibitions, and Restrictions. 

This action, which was proposed for adoption in 40:7 Md. R. 

621—623 (April 5, 2013), has been adopted as proposed. 

Effective Date: July 8, 2013.

ROBERT M. SUMMERS, Ph.D.

Secretary of the Environment
MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard  Baltimore MD 21230 

410-537-3000  1-800-633-6101 

 Robert M. Summers, Ph.D. Secretary 

 Recycled Paper www.mde.state.md.us TTY Users 1-800-735-2258 

 Via Maryland Relay Service 

 

Martin O’Malley 

Governor 

Anthony G. Brown 

Lieutenant Governor 

 March 15, 2013 

CERTIFICATE OF PUBLICATION 

This is to certify that the “Maryland Department of the Environment (MDE) Notice of Public 

Hearings/Comment Periods Concerning Proposed Amendments and New Regulations to Air Quality 

Regulations” was published on MDE’s web site on March 15, 2013. It will remain posted on the site until 

May 8, 2013. The notice in full with links to supporting documents may be found in the following web 

address: 

http://www.mde.state.md.us/AboutMDE/pages/reqcomments.aspx

Web publication of the notice was at the request of Deborah Rabin, Regulations Coordinator of the Air and 

Radiation Management Administration of MDE. 

 By: 

 Joseph E. Herb, Jr. 

 MDE Webmaster 

 

Attachments: 

Copy of web page as published. 
--·~--------------"~ 

MOE Public Hearings, Meetings and Request for Comments 

• MOE calendar 

The complete listing of MOE publie meetings and hearings is posted in the MOE Calendar. Please call ot email contact person cited in 

the meeting detaif.s for any Questions or to send a oomment. 

• Maryland Environmental R~u ons 

Public: hearings, meetings, Md reQuest for eommenu related to "1-atylarw:l environmental regulations are also posted at the Air 

Rcgu!ttlons, Water Regulations and Lfrxl Bcgulations sections of this website. 

• Noti ce of Public Hearings/Comment Periods Concerning Proposed Amendnlents and New Regulations to Air 

Quality Regulations 

The Maryland Oep.3rtment of the Environment gives notice of public hearing:/ comment periods eoneeming the following proposed 

actions: 

1. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and Regulation .14 under COMA.R 

26.11.06 General Emission Standards, Prohibitions, and Restrictions to incorporate updated federal standards for the New 

Source Review (HSR) Prevention of Significant Deterioration (PSO) program. These amendments will provide that future 

amendments to the federal PSO program will be automatically included in fo.laryland regulations. This incorporation by 

reference will add provisions for fine particulate matter and its precut'$ors, provi.: ions to defer inclusion of $0urees of 

biogenic emissions under PSO and removes certain grandfathering provisions. (See Technicol Supoort. t>os:ument) 

2. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and Regulations .01 and .02 

under COMAR. 26.11.17 Non.att.ainment Provisions for Major New SOut'Ce$ and Major f"lodifieations to incorporate feder-al 

standards for the New Source Review (NSR) program for fine particulate matter and its precursors into the Code of 

t;laryland Regulations (CO~IAA). Maryland's nonattainment are.a NSR. program applies to major ~at on.ary sources and 

maj or modifications which are maj or for PM2.S or its precursors at facirrties &ocated in 8altimore City, An.ne Arundel, 

8altimore, C&N'OII, Charlu, Frederick, Hal"ford, Howard, Montgomery, Prince Georoe'$ and Wa$hinoton count es ~ 

ItcfJnjca! Supoort Qocumeot) 

3. Amendments to Regulations .02 and .03 under COMA.R 26.11.27 Emission Limitations fer Power Plants to reinstate the 

original annual and otone $e&$On emiuion limits for NOX and .annual emi$$ion limit$ for S02 for R. Paul Smith Power 

Station electric generating units as established under COMAA 26.ll.2i- Emission Limitations for Power Plants adopted 

permanently effective Juty 16, 2007. This action is in respon~ to a reque$t by R. P.aul smith to the f>laryland oepartment 

of the Environment to retain its Title V permit although the power plant has ceased oper-ations as of September 1, 2012. 

(see Technical Suooort Document) 

4 . New Regulations .01 - .04 under a new c::hal)ter, COt;1AR 26.11.37 Outer continental Shelf Air Regulations to adopt 

regulations which will incorpor-ate by reference the provisions ot the Code of Federal Regulations, 40 CFR SS " Outer 

continen-tal Shelf Air Regulations·. <see Technical suooort Document) 

The full text of the proposed amendments will appear in the Maryland Register at bUOiliwww.dsd.statc.md.ys/mdre:giste:rl on April 5, 

2013 . 

Public hearings on these actions will be held on Hay 7, 2 0 13 at 10 a.m. at the Department ot the Environment., 1800 Washington 

Boulevard, 1St Floor COnference Rooms, Saltimore, l'laryland 21230-1720. 

Comments must be received by 5 pm on Hoy 7, 2013 . 

For more information or to submit comments, ca!Ve-maiV fax: 

Deborah Rabin, Regulation$ Coordinator, Air and Radiation Management Administration 

Oepartment of the Environment 

1800 washington 60ulevard, Sui1e 730, 8a;ltimore, r.taryland 21230-1720 . ' .................... ... 
~):__ ________________ Sustainab/e __ Attainab/e 

Maryland Department of Planning 

March 26, 20 13 

Ms. Deborah Rabin 

Regulations Coordinator, Air & Rad iation Management Administration 

Maryland Department of the Environment 

1800 Washington Blvd. 

Suite 730 

Baltimore, MD 21230-1720 

STATE CLEARINGHOUSE REVIEW PROCESS 

State Application Identifier: MD20130319-0162 

Project Description: Amendments to Regulations: .0 I under COMAR 26.11.0 I, . 14 under COMAR 26.11 .06, 

.0 I and .02 under CO MAR 26.11.17, .02 and .03 under CO MAR 26.11.27, and New Regulations .OJ -.04, 

COMAR 26.11.37. Comments and Public Hearings for May 7, 2013 

Project Location: Maryland 

Clearinghouse Contact: Sophia Richardson 

Dear Ms. Rabin: 

Thank you for submitting yam project for intergovernmental review. Pa1ticipation in the Maryland 

Intergovernmental Review and Coordination (MIRC) process helps ensure project consistency with plans, 

programs, and objectives of State agencies and local governments. 

Notice of your application is being provided to State and local public officials through the Intergovemmental 

Monitor, which is a database of projects received by the State Clearinghouse for Intergovernmental Assistance. 

This information may be viewed at http://planning.maryland.gov/emircpublic/. The project has been assigned a 

unique State Application Identifier that should be used on all documents and correspondence. 

If you need assistance or have questions, contact the State Clearinghouse staff noted above at 4 10-767-4490 or 

through e-mail at srichardson@mdp.state.md.us. Thank you for your cooperation with the MIRC process. 

Sincerely, 

~iv~~ Linda C. Janey, J.D., Assistant Secretary 

P.S. Great News!! Your project may be eligible to be "FastTracked" through the State permitting processes. For more 

information, go to: http://eas)l.man,land.gov/wordpressl[asttrackl . 

LCJ:SR 

Cc: U.S. Environmental Protection Agency 

13-0162_NM.N£Wdoc 

Martin O'Malley, Governor 

Anthony G. Brown, Lt. Governor 

Richard Eberhart Hall, AICP, Secretary 

Matthew J. Power, Deputy Secretary 

301 West Preston Street - Suite 1101 - Baltimore - Maryland - 21201 

Tel: 410.767.4500 - Toll Free: 1.877.767.6272 - TIY users: Maryland Relay - Planning.Maryland.gov 
Page 1 of2 

Debbie Rabin- Notice of Public Hearings/Comment Pds- Please confirm receipt 

From: Debbie Rabin 

To: All County Environmental Health Directors; All County Health Officers; ... 

Date: 3/18/2013 11:01 AM 

SUbject: Notice of Public Hearings/Comment Pds - Please confirm receipt 

CC: Angelo Bianca; Cristina Fernandez; Dave Campbell; David Arnold; Davi ... 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR & RADIATION MANAGEMENT ADMINISTRATION 

NOTICE OF PUBLIC HEARINGS/COMMENT PERIODS 

The Maryland Department of the Environment gives notice of public hearings/comment periods concerning the 

following proposed actions: 

1. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and 

Regulation .14 under COMAR 26.11.06 General Emission Standards, Prohibitions, and Restrictions to 

incorporate updated federal standards for the New Source Review (NSR) Prevention of Significant 

Deterioration (PSD) program. These amendments will provide that future amendments to the federal PSD 

program will be automatically included in Maryland regulations. This incorporation by reference will add 

provisions for fine particulate matter and its precursors, provisions to defer inclusion of sources of biogenic 

emissions under PSD and removes certain grandfathering provisions. 

2. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and 

Regulations .01 and .02 under COMAR 26.11.17 Nonattainment Provisions for Major New Sources 

and Major Modifications to incorporate federal standards for the New Source Review (NSR) program for 

fine particulate matter and its precursors into the Code of Maryland Regulations (COMAR). Maryland's 

nonattainment area NSR program applies to major stationary sources and major modifications which are 

major for PM2.5 or its precursors at facilities located in Baltimore City, Anne Arundel, Baltimore, Carroll, 

Charles, Frederick, Harford, Howard, Montgomery, Prince George's and Washington counties. 

3. Amendments to Regulations .02 and .03 under COMAR 26.11.27 Emission Limitations for Power 

Plants to reinstate the original annual and ozone season emission limits for NOx and annual emission limits 

for S02 for R. Paul Smith Power Station electric generating units as established under COMAR 26.11.27 -

Emission Limitations for Power Plants adopted permanently effective July 16, 2007. This action is in 

response to a request by R. Paul Smith to the Maryland Department of the Environment to retain its Title V 

permit although the power plant has ceased operations as of September 1, 2012. 

4. New Regulations .01-.04 under a new chapter, COMAR 26.11.37 Outer Continental Shelf Air 

Regulations to adopt regulations which will incorporate by reference the provisions of the Code of Federal 

Regulations, 40 CFR 55 "Outer Continental Shelf Air Regulations". 

Actions #1 - #4 will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementation 

Plan. 

The full text of the proposed amendments will appear in the Marvland Register at 

http:/lwww.dsd.state.md.us/mdregister/ on April 5, 2013. 

Technical. support documents and additional information are available on the Maryland Department of the 

Environment's website at the following address: 

http://www. mde. state. md. us/programs/regulations/air/Pages/regcomments.aspx 

Please make these materials available in your office for public review: 

file://C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\5146F419MDE... 3118/2013 
Page 2 of2 

Public hearings on these actions will be held on May 7, 2013 at 10 a.m. at the Department of the Environment, 

1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. 

Comments must be received by 5 pm on May 7, 2013. 

For more information ·or to submit comments, call/e-mail/ fax: 

Deborah Rabin, Regulations Coordinator, Air and Radiation Management Administration 

Department of the Environment 

1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 

Telephone: (410) 537-3240 

Email: drabin@mde.state.md.us 

Fax: (41 0) 537-4223 

Deborah Rabin, Regulations Coordinator 

Air & Radiation Management Administration 

Maryland Dept. of the Environment · 

1800 Washington Blvd., Suite 730 

Baltimore, MD 21230 

Telephone Number: (410)-537-4414 

file://C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\5146F 419MDE... 3/18/2013 
Subject: 

Created By: 

Notice of Public Hearings/Comment Pds - Please confirm receipt 

drabin@mde.state.md.us 

Scheduled Date: 

Creation Date: · 

From: 

3/18/2013 11:01 AM 

Debbie Rabin 

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To: Audrey Hansen (AHansen@mde.state.md.us) 

To: Barbara Santana (BSantana@mde.state.md.us) 

To: Bill Murphy (bmurphy@mde.state.md.us) 

To: Brad Metzger (bmetzger@mde.state.md.us) 

To: Bradley Nee (BNee@mde.state.md.us) 

To: Brennan Greene (BGreene@mde.state.md.us) 

BC: Brian Hug (bhug@mde.state.md.us) 

To: Brian Littlefield (blittlefield@mde.state.md.us) 

To: Byron Fairall (BFairall@mde.state.md.us) 

Delivered 

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To: Carlton Washburn (cwashbum@mde.state.md.us) Delivered 3/18/2013 

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To: Charles Poukish (cpoukish@mde.state.md.us) 

To: Chris Luckett (cluckett@mde.state.md.us) 

To: Dennis Rasmussen 

(~rasmu~e_n@~~e:~~t'::rT1~·_lls) 

BC: Diana Alegre (dalegre@mde.state.md.us) 

To: Elaine Maliniak (EMaliniak@mde.state.md.us) 

To: Farah Abi-Akar (FAbi-Akar@mde.state.md.us) 

To: Garrett Norris (GNorris@mde.state.md.us) 

Delivered 

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BC: Horacia Tablada (htablada@mde.state.md.us) 

To: James Forrest (qforrest@mde.state.md.us) 

BC: Jed Miller (JLMiller@mde.state.md.us) 

BC: Joe Herb Oherb@mde.state.md.us) 

To: John Holt (JHolt@mde.state.md.us) 

To: John Lynch Olynch@mde.state.md.us) 

To: John McKay (JMcKay@mde.state.md.us) 

To: Joseph Gay Qgay@mde.state.md.us) 

To: Kathleen Bassett (KBassett@mde.state.md.us) 

To: Marcia Potter (mpotter@mde.state.md.us) 

To: Mitch Welsh (mwelsh@mde.state.md.us) 

To: Nicholas Kaltenbach 

(NKaltenbach@mde.state.md.us) 

Delivered 3/18/2013 

11:01 AM 

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To: Paul Sudano (psudano@mde.state.md.us) 

To: Philip Chaing-Smith (PChiangSmith@mde. state. md. us) __ , --------------- ---~--~---~ ----~--~------- ~---~~-----

To: Rob Hill (rhill@mde.state.md.us) 

To: Ross Kelly (RKelly@mde.state.md.us) 

To: Shawn Lowman (SLowman@mde.state.md.us) 

To: Shirley Kirby (SKirby@mde.state.md.us) 

To: Steve Hiner (shiner@mde.state.md.us) 

To: Susan Tiffany (STiffany@mde.state.md.us) 

To: Todd Kamens (Tkamens@mde.state.md.us) 

To: William Beatty (wbeatty@mde.state.md.us) 

To: William Evans (WEvans@mde.state.md.us) 

To: Blake Pritts (BPritts@mde.state.md.us) 

To: Cathy Renner (crenner@mde.state.md.us) 

To: Charles Hatfield (CHatfield@mde.state.md.us) 

-- To: Chris Pajak (CPajak@mde.state.md.us) 

Delivered 3/18/2013 

11:01 AM 

Undeliverable 311812013 

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Delivered 

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To: Chris Westergard (cwestergard@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

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To: Connie Loucks (CLoucks@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

To: Dave Pushkar {dpushkar@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

To: Dave Ryder (dryder@mde.state.md.us) Delivered 3/18/2013 

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To: David Bramble (DBramble@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

BC: Debbie Rabin (drabin@mde.state.md.us) Delivered 3/18/2013 

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To: Dennis Brown (dbrown@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

BC: Diane Franks (dfranks@mde.state.md.us) Delivered 3/18/2013 

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To: Don Bradley (dbradley@mde.state.md.us) Undeliverable 311812013 

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To: Donna Disharoon (DDisharoon@mde.state.md.us) Delivered 3/18/2013 

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To: Erik Schafer (ESchafer@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

To: Evelyn Stavrou (estavrou@mde.state.md.us) Delivered 3/18/2013 

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To: Finka Cathey (fcathey@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

BC: Frank Courtright (fcourtright@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

To: Harald Vanaller (hvanaller@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

To: Harry Hunsicker (hhunsicker@mde.state.md.us) Delivered 3/18/2013 

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To: lan Spotts (ispotts@mde.state.md.us) Delivered 3/18/2013 

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To: James Craig (JCraig@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

To: Jared Tanaka Otanaka@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

To: Jay Bozman (JBozman@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

BC: Jay Sakai Osakai@mde.state.md.us) Delivered 3/18/2013 

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To: Jeff Snyder (JSnyder@mde.state.md.us) Delivered 3/18/2013 

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To: Jennifer Jaber Ojaber@mde.state.md.us) Deleted 3/18/2013 

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To: Joe Kincaid Okincaid@mde.state.md.us) Read 3/18/2013 

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To: Joe Mills (JMills@mde.state.md.us) Read 3/18/2013 

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To: John Carey (JCarey@mde.state.md.us) Delivered 3/18/2013 

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To: Julie OConnor Ooconnor@mde.state.md.us) Delivered 3/18/2013 

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BC: Karen Irons (kirons@mde.state.md.us) Delivered 3/18/2013 

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To: Lisa Green (l:Green@mde.state.md.us) Delivered 3/18/2013 

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To: Lisa Trujillo (ltrujillo@mde.state.md.us) Deleted 3/18/2013 

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To: Lorri Broadwater (LBroadwater@mde.state.md.us) Delivered 3/18/2013 

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To: Mark Carney (MCarney@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

To: Mark Ecker (mecker@mde.state.md.us) Delivered 3/18/2013 

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To: Mark Hajas (mhajas@mde.state.md.us) Delivered 3/18/2013 

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To: Mary Lynn Pegg (MPegg@mde.state.md.us) Delivered 3/18/2013 

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To: Mary Phipps-Dickerson (MPhipps- Delivered 3/18/2013 

Pic~~~~?~~@mde~tate.md.usL __ ~~-~~~-"~-<-~-<--~-"~~~-"~~~1 AM~".""--~--~<·~~·~·-~--~-~--~-~~ To: Matt Radcliffe (MRadcliffe@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

To: Maureen Eckard (meckard@mde.state.md.us) 

To: Michelle Arrington (marrington@mde.state.md.us) 

To: Michelle Walston (MWalston@mde.state.md.us) 

To: Mike Garner (MGarner@mde.state.md.us) 

To: Nancy Craft (ncraft@mde.state.md.us) 

To: Oladapo John (OJohn@mde.state.md.us) 

To: Pavia Dilnesahu (PDilnesahu@mde.state.md.us) 

CC: Tad Aburn (gaburn@mde.state.md.us) 

BC: Bob Rosenbush (BRosenbush@mdp.state.md.us) 

CC: Cristina Fernandez (fernandez.cristina@epa.gov) 

CC: Dave Campbell (campbell.dave@epa.gov) 

CC: David Arnold (arnold.david@epa.gov) 

CC: David Talley (talley.david@epa.gov) 

CC: Diana Esher (esher.diana@epa.gov) 

"<-N~O---·-~-~<·-~-,--~~~-·"~>->-

CC: Donna Mastro (Mastro.Donna@epamail.epa.gov) 

CC: Hal Frankford (frankford.harold@epa.gov) 

CC: Kathleen Cox (cox.kathleen@epa.gov) 

BC: Linda Janey (ljaney@mdp.state.md.us) 

CC: Marcia Spink (spink.marcia@epa.gov) 

To: Maryland Clearinghouse 

(~~~ril1~h~_u_~~~clp.state)~!ll.~":.~~l.~~ ~ ·""·"< ~· .. "<< 

CC: Mike Gordon (gordon.mike@epa.gov) 

To: Paul Ferreri (pferreri@mde.state.md.us) 

To: Pete Hartman (PHartman@mde.state.md.us) 

Delivered 

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To: Punam Tyagi (ptyagi@mde.state.md.us) 

BC: Ralph Hall (rhall@mde.state.md.us) 

To: Ralph Mongold (RMongold@mde.state.md.us) 

To: Randy Denny (rdenny@mde.state.md.us) 

BC: Randy Mosier (rmosier@mde.state.md.us) 

To: Ray Karlstrand (RKarlstrand@mde.state.md.us) 

To: Rich Wolters (rwolters@mde.state.md.us) 

To: Richard Stewart (RStewart@mde.state.md.us) 

To: Robert Rushlow (RRushlow@mde.state.md.us) 

Delivered 3/18/2013 

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To: Ronald Schartiger (RSchartiger@mde.state.md.us) Delivered 3/18/2013 

11:01 AM 

To: Sarah Harvey (SJHarvey@mde.state.md.us) 

To: Scot Nicol (SNicol@mde.state.md.us) 

To: Scott Boylan (sboylan@mde.state.md.us) 

To: Sean McKewen (SMcKewen@mde.state.md.us) 

BC: Sophia Richardson 

(~"i~~rdso~~~ll"l~e:S~~t~:md~~L~···· 

To: Steve Dawson (SDawson@mde.state.md.us) 

To: Tamara Davis (TDavis@mde.state.md.us) 

To: Terri Palamaras (tpalamaras@mde.state.md.us) 

To: Tim Miller (TMiller@mde.state.md.us) 

To: Tom Murray (trnurray@mde.state.md.us) 

To: Tracey Thomas (tthomas@mde.state.md.us) 

To: Tymika Brown (tkbrown@mde.state.md.us) 

To: Waldo Nelson (WNelson@mde.state.md.us) 

To: William Fracassi (wfracassi@mde.state.md.us) 

Delivered 

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Debbie Rabin- Notice of Public Hearings/Comment Periods -Please confirm 

receipt 

From: Debbie Rabin 

To: Ali Mirzakhalili; Cecily Beall; Diana Esher; John Benedict; Joyce Ep ... 

Date: 3/18/2013 11:02 AM 

SUbject: Notice of Public Hearings/Comment Periods - Please confirm receipt 

CC: Angelo Bianca; Chris Cripps; Dave Campbell; David Arnold; David Tall. .• 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR & RADIATION MANAGEMENT ADMINISTRATION 

NOTICE OF PUBLIC HEARINGS/COMMENT PERIODS 

The Maryland Department of the Environment gives notice of public hearings/comment periods concerning the 

following proposed actions: 

1. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and 

Regulation .14 under COMAR 26.11.06 General Emission Standards, Prohibitions, and Restrictions to 

incorporate updated federal standards for the New Source Review (NSR) Prevention of Significant 

Deterioration (PSD) program. These amendments will provide that future amendments to the federal PSD 

program will be automatically included in Maryland regulations. This incorporation by reference will add 

provisions for fine particulate matter and its precursors, provisions to defer inclusion of sources of biogenic 

emissions under PSD and removes certain grandfathering provisions. 

2. Amendments to Regulation .01 under COMAR 26.11.01 General Administrative Provisions and. 

Regulations .01 and .02 under COMAR 26.11.17 Nonattainment Provisions for Major New Sources 

and Major Modifications to incorporate federal standards for the New Source Review (NSR) program for 

fine particulate matter and its precursors into the Code of Maryland Regulations (COMAR). Maryland's 

nonattainment area NSR program applies to major stationary sources and major modifications yvhich are 

major for PM2.5 or its precursors at facilities located in Baltimore City, Anne Arundel, Baltimore, Carroll, 

Charles, Frederick, Harford, Howard, Montgomery, Prince George's and Washington counties. 

3. Amendments to Regulations .02 and .03 under COMAR 26.11.27 Emission Limitations for Power 

Plants to reinstate the original annual and ozone season emission limits for NOx and annual emission limits 

file://C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\5146F44AMDE... 3/18/2013 
Page 2 of3 

for S02 for R. Paul Smith Power Station electric generating units as established under COMAR 26.11.27 -

Emission Limitations for Power Plants adopted perma'nently effective July 16, 2007. This action is in 

response to a request by R. Paul Smith to the Maryland Department of the Environment to retain its Title V 

permit although the power plant has ceased operations as of September 1, 2012. 

4. New Regulations .01 - .04 under a new chapter, COMAR 26.11.37 Outer Continental· Shelf Air 

Regulations to adopt regulations which will incorporate by reference the provisions of the Code of Federal 

Regulations, 40 CFR 55 "Outer Continental Shelf Air Regulations". 

Actions #1 - #4 will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementation 

Plan. 

The full text of the proposed amendments will appear in the Marvland Register at 

http://www.dsd.state.md.us/mdregister/ on April 5, 2013. 

Technical support documents and additional information are available on the Maryland Department of the 

Environment's website at the following address: 

http://www.mde.state.md.us/proqrams/requlations/air/Pages/regcomments.aspx 

Public hearings on these actions will be held on May 7, 2013 at 10 a.m. at the Department of the Environment, 

1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. 

Comments must be received by 5 pm on May 7, 2013. 

For more information or to submit comments, call/e-mail/ fax: 

Deborah Rabin, Regulations Coordinator, Air and Radiation Management Administration 

Department of the Environment 

1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 

Telephone: (410) 537-3240 

Email: drabin@mde.state.md.us 

Fax: (410) 537-4223 

Deborah Rabin, Regulations Coordinator 

Air & Radiation Management Administration 

Maryland Dept. of the Environment 

1800 Washington Blvd., Suite 730 

Baltimore, MD 21230 

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Page 3 of3 

Telephone Number: (410)-537-4414 

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Subject: 

Created By: 

Notice of Public Hearings/Comment Periods - Please confirm receipt 

drabin@mde.state.md.us 

Scheduled Date: 

Creation Date: 

From: 

3/18/2013 11:02 AM 

Debbie Rabin 

Action Date & Time Comment 

~BC: Carolyn A Jones (CAJones@mde.state.md.us) Delivered 3118/201311:02 AM 

To: Transferred 3/18/2013 11:02 AM 

CC: Chris Cripps (Cripps.Christopher@epamail.epa.gov) 

CC: Dave Campbell {campbell.dave@epa.gov) 

CC: David Amold {arnold.david@epa.gov) 

CC: David Talley (talley.david@epa.gov) 

BC: Debbie Rabin 

BC: Diane Franks 

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Delivered 3/18/201311:02AM 

CC: Donna Mastro (Mastro.Donna@epamail.epa.gov) Transferred 3/18/2013 11:02 AM 

BC: Frank Courtright (fcourtright@mde:state.md.us) --~" Delivered 3/18/2013 11:02 AM 

BC: Karen Irons 

CC: Kathleen. Cox ( cox.kathleen@epa.gov) 

~:~Kathy Wehnes (kwehnes@mde.state.md.us) 

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To: Michael Dowd (mgdowd@deq.virginia.gov) Transferred 3/18/2013 11 :02 AM 

--~~: Mike Gordon (gordon.mike@epa.gov) Transferr:~~~8/2013 1! :03 AM -~·0 message relaj'!cl_.~~ 

BC: Pars Ramnarain (pramnarain@mde.state.md.us) Read 3/18/2013 11 :03 AM 

BC: Ralph Hall (rhall@mde.state.md.us) Delivered 3/18/2013 11 :02 AM -

_ _13C~ Ra~dy Mosier (rrnosie~@_mde.state.md~.U~~-- --- ·~De_liv~e~re~d~~-31_1_81~_01_3 ~!:0~2~A~M-~~---~··--·-~·----

CC: Tad Abum (gabum@mde.state.md.us) Delivered 3/18/2013 11:02 AM 

file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F44AMDE... 3/18/2013 

Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the 

Public Hearing Relating to 

Proposed Amendments to COMAR 26.11.01.01 General Administrative Provisions 

and COMAR 26.11.06.14 General Emission Standards, Prohibitions, and Restrictions 

held on May 7, 2013 

Baltimore, MD 

My name is Randy Mosier. I am the Division Chief of the Regulations Development Division in 

the Air Quality Planning Program of the Air and Radiation Management Administration, 

Department of the Environment. 

This public hearing is being held pursuant to the requirements of 40 CFR Section 51.102 and 

Sections 2-301 et. seq. of the Environment Article, Annotated Code of Maryland. It is also being 

held in conformance with the State Administrative Procedures Act under the State Government 

Article, beginning at Section 10-101. 

Notice of this hearing appeared in the following: 

Maryland Register on April 5, 2013; 

MDE's website from March 15, 2013 through May 8, 2013; 

Baltimore Sun on April 5, 2013; 

Saint Mary's Enterprise on April 5, 2013; 

Cumberland Times-News on April 5, 2013; 

Frederick News-Post on April 5, 2013; 

Cecil Whig on April 5, 2013; 

Salisbury Daily Times on April 5, 2013; and the 

Washington Post on April 4, 2013. 

Copies of these notices were submitted for the record. 

Copies of the proposed amendments and supporting documents were submitted for review to the 

State Clearinghouse and are also submitted at this time into the hearing record. Copies of the 

proposed amendments and supporting documents were 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 air quality control offices. 

The purpose of today's hearing is to give the public an opportunity to comment on the proposed 

amendments to COMAR 26.11.01.01 and COMAR 26.11.06.14. 

Summary 

The purpose of this action is to incorporate updated federal standards for the New Source 

Review (NSR) Prevention of Significant Deterioration (PSD) program. This amendment will 

provide that future amendments to the federal PSD program will be automatically included in 

1 
Maryland regulations. This incorporation by reference will add provisions for fine particulate 

matter and its precursors, provisions to defer inclusion of sources of biogenic emissions under 

PSD and removes certain grandfathering provisions. 

Background

O

using PM2.5 as the indicator. Health-based (primary) annual and 24-hour standards for PM2.5 

were established at 15 micrograms per cubic meter (μg/m3) and 65 μg/m3, respectively (62 FR 

38652). At the same time that the primary standards were set, the EPA also established welfarebased (secondary) standards identical to the primary standards. On October 17, 2006, the EPA 

revised the primary and secondary NAAQS for PM2.5 and PM10 (71 FR 61143). In the final 

rule, the EPA reduced the 24-hour NAAQS for PM2.5 to 35 μg/m3 and retained the existing 

annual PM2.5 NAAQS of 15 μg/m3. 

E

significant correlation between elevated PM2.5 levels and premature mortality. Other im

effects associated with PM2.5 exposure include aggravation of respiratory and cardiovascular 

disease, lung disease, decreased lung function, asthma attacks, and certain cardiovascular 

problems. Individuals particularly sensitive to PM2.5 exposure include older adults, people

heart and lung disease, and children. 

E

2012. These amendments include the following: 

M

included as part of the emissions measurements for regulation of PM2.5 and PM10. The proposal 

would remove the inadvertent requirement in the 2008 PM2.5 NSR Implementation Rule, that 

measurements of condensable particulate matter be included as part of the measurement and 

regulation of much larger particles included as "particulate matter emissions." 

M

in the federal PSD permit program. 

Ja

permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other 

biogenic sources. 

O

rules that put the necessary regulatory framework in place to ensure that 1) industrial facilitie

can get Clean Air Act permits covering their greenhouse gas (GHG) emissions when needed an

2) facilities emitting GHGs at levels below those established in the Tailoring Rule do not need to 

obtain Clean Air Act permits. 

S

determinations for fine particle pollution - increments, significant impact levels (SILs), a

significant monitoring concentration (SMC). 

n July 18, 1997, the EPA revised the NAAQS for PM to add new standards for fine particles, 

pidemiological studies measuring health effects associated with PM2.5 have shown a 

portant 

 with 

PA has finalized a number of amendments to the PSD requirements during 2010, 2011, and 

arch 12, 2012 - This proposed rule would clarify that condensable particulate matter should be 

ay 10, 2011 - EPA issues a final rule to repeal the grandfather provision for PM2.5 contained 

nuary 12, 2011 - EPA announces its plan to defer, for three years, greenhouse gas (GHG) 

n December 23, 2010, the U.S. Environmental Protection Agency (EPA) issued a series of 

s 

d 

eptember 29, 2010 - EPA has established key components for making PSD permitting 

nd a 

2 
Sources Affected and Location 

he NSR PSD program applies to new major sources locating in attainment areas and 

inment 

equirements

T

major modifications that occur in attainment areas. The program also applies in nonatta

areas. In nonattainment areas, new major sources or major modifications of regulated NSR 

pollutants for which the area is not nonattainment must meet PSD requirements. 

R

pecific Requirements for PM2.5 

hese amendments to COMAR 26.11.17, Nonattainment Provisions for Major New Sources and 

rsors to PM2.5; 

ationary Source threshold for PM2.5 and its precursors 

te applicable to Major Modification for PM2.5 is 10 tpy direct PM2.5, 40 tpy of 

eneral Requirements for PSD 

revention of Significant Deterioration (PSD) applies to new major sources or major 

in 

 It 

st Available Control Technology (BACT)"; 

alysis; and 

est Available Control Technology (BACT) 

ACT is an emissions limitation which is based on the maximum degree of control that can be 

s or 

ghouse (RBLC) database contains information on what has 

ir Quality Analysis 

he main purpose of the air quality analysis is to demonstrate that new emissions emitted from a 

S

T

Major Modifications, reflecting the amendments to 40 CFR 51.165 and 40 CFR 51 Appendix S, 

establish the following: 

• SO2 and NOx are precu

• The emission rate applicable to Major St

is 100 tpy; and 

• The emission ra

SO2 and 40 tpy of NOx. 

G

P

modifications at existing sources for pollutants where the area the source is located is 

attainment or unclassifiable with the National Ambient Air Quality Standards (NAAQS).

requires the following: 

1. installation of the "Be

2. an air quality analysis; 

3. an additional impacts an

4. public involvement. 

B

B

achieve. It is a case-by-case decision that considers energy, environmental, and economic 

impact. BACT can be add-on control equipment or modification of the production processe

methods. This includes fuel cleaning or treatment and innovative fuel combustion techniques. 

BACT may be a design, equipment, work practice, or operational standard if imposition of an 

emissions standard is infeasible. 

The RACT/BACT/LAER Clearin

been required as BACT in air permits. 

A

T

3 
4 

 existing air quality, which may include 

atural, scenic, recreational, or historic 

ill 

y 

SD Increment 

SD increment is the amount of pollution an area is allowed to increase. PSD increments prevent 

d, in 

dditional Impacts Analysis 

he additional impacts analysis assesses the impacts of air, ground and water pollution on soils, 

e. 

onsideration of Comments

The Department will consider all comments before making a decision to adopt these 

amendm

proposed major stationary source or major modification, in conjunction with other applicable 

emissions increases and decreases from existing sources, will not cause or contribute to a 

violation of any applicable NAAQS or PSD increment. 

Generally, the analysis will involve (1) an assessment of

ambient monitoring data and air quality dispersion modeling results, and (2) predictions, using 

dispersion modeling, of ambient concentrations that will result from the applicant's proposed 

project and future growth associated with the project. 

Class I areas are areas of special national or regional n

value for which the PSD regulations provide special protection. The Federal Land Manager 

(FLM), including the State or Indian governing body, where applicable, is responsible for 

defining specific Air Quality Related Values (AQRV's) for an area and for establishing the

criteria to determine an adverse impact on the AQRV's. If a FLM determines that a source w

adversely impact AQRV's in a Class I area, the FLM may recommend that the permitting agenc

deny issuance of the permit, even in cases where no applicable increments would be exceeded. 

However, the permitting authority makes the final decision to issue or deny the permit. 

P

P

the air quality in clean areas from deteriorating to the level set by the NAAQS. The NAAQS is a 

maximum allowable concentration "ceiling." A PSD increment, on the other hand, is the 

maximum allowable increase in concentration that is allowed to occur above a baseline 

concentration for a pollutant. The baseline concentration is defined for each pollutant an

general, is the ambient concentration existing at the time that the first complete PSD permit 

application affecting the area is submitted. Significant deterioration is said to occur when the

amount of new pollution would exceed the applicable PSD increment. It is important to note, 

however, that the air quality cannot deteriorate beyond the concentration allowed by the 

applicable NAAQS, even if not all of the PSD increment is consumed. 

A

T

vegetation, and visibility caused by any increase in emissions of any regulated pollutant from the

source or modification under review, and from associated growth. Associated growth is 

industrial, commercial, and residential growth that will occur in the area due to the sourc

C

ents. 
•-"': . .,, 1 ·.· . 

1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION 

3 

4 

5 PUBLIC HEARING 

6 CONCERNING PROPOSED AMENDMENTS TO INCORPORATE UPDATED 

7 FEDERAL STANDARDS FOR PREVENTION OF SIGNIFICANT 

8 DETERIORATION (PSD) PROGRAM 

9 

10 

11 

12 The hearing in the above matter commenced on 

13 Tuesday, May 7, 2013, at the MOE Headquarters, Montgomery 

14 Park, 1800 Washington Boulevard, Baltimore, Maryland. 

15 

16 

17 BEFORE: DEBORAH RABIN, Hearing Officer 

18 

19 Reported by: Linda Metcalf 

20 

21 

22 

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2 

1 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 Regulations Coordinator 

7 Regulation Development Division 

8 Air and Radiation Management 

9 Maryland Department of the Environment 

10 1800 Washington Boulevard, Suite 730 

11 Baltimore, Maryland 21230 

12 

13 RANDY MOSIER 

14 Division Chief 

15 Regulations Development Division 

16 Air Quality Planning Program 

17 Air and Radiation Management Administration 

18 Maryland Department of the Environment 

19 1800 Washington Boulevard, Suite 730 

20 Baltimore, Maryland 21230 

21 

22 

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., 

·,· 3 

1 I N D E X 

2 

3 Speaker : Page : 

4 Opening Remarks, Deborah Rabin, MOE 4 

5 Hearing Statement, Randy Mosier, MOE 5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

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.'· , 4 

1 P R 0 C E E D I N G S 

2 

3 (10 :24 a.m.) 

4 MS. RABIN: Good morning. On behalf of the 

5 Department of the Environment and the Air and Radiation 

6 Management Administration, I would like to welcome you to 

7 this public hearing. 

8 My name is Deborah Rabin and I am the 

9 Regulations Coordinator for the Air and Radiation 

10 Management Administration. I will serve as hearing 

11 officer for today's hearing. 

12 I would like to ask all of you in attendance 

13 today to please sign in, if you haven't already done so. 

14 This will help us to keep an accurate record of the 

15 people who participate in the hearing. Also, copies of 

16 our regulation proposal, support documents, and the 

17 Department's statement are available on the table for 

18 your information. 

19 This hearing concerns Air Quality Regulations 

20 found in the Code of Maryland Regulations, Title 26, 

21 Subtitle 11, Air Quality. The Secretary of the 

22 Department proposes to amend: (1) Regulation .01 under 

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~~ 5 

1 COMAR 26.11.01, General Administrative Provisions; and 

2 (2) Regulation .14 under COMAR 26.11.06, General Emission 

3 Standards, Prohibitions, and Restrictions. 

4 The purpose of this hearing is to give you the 

5 opportunity to comment on this action. 

6 The Opportunity for Public Comment for this 

7 proposed action appeared in the Maryland Register, Volume 

8 40, Issue 7, Page 622 on April 5, 2013. 

9 The hearing will proceed in the following 

10 order. First, Mr. Randy Mosier will make a statement on 

11 behalf of the Air and Radiation Management 

12 Administration. After Mr. Mosier is finished, I will 

13 call on any elected official or government official who 

14 wants to make a statement. Then, I will call upon anyone 

15 else who indicated on the sign-in sheet that he or she 

16 would like to make a statement . 

17 When giving your statement, please identify 

18 yourself and your affiliation, and give your statement 

19 loudly and clearly. Are there any questions? 

20 I will .now call on Mr. Mosier. 

21 MR. MOSIER: Thank you, Debbie. My name is 

22 Randy Mosier. I am the Division Chief of the Regulations 

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1 Development Division in the Air Quality Planning Program 

2 of the Air and Radiation Management Administration, 

3 Department of the Environment. Let the record show that 

4 there is nobody in attendance for this public hearing; 

5 therefore, I will be submitting my hearing statement to 

6 the record . 

7 

8 Statement of the Air and Radiation 

9 Management Administration 

10 Department of the Environment 

11 for the Public Hearing Relating to 

12 Proposed Amendments to COMAR 26.11.01.01 

13 General Administrative Provisions and 

14 COMAR 26.11.06.14 General Emission Standards, 

15 Prohibitions, and Restrictions 

16 held on May 7, 2013 

17 Baltimore, MD 

18 My name is Randy Mosier. I am the Division 

19 Chief of the Regulations Development Division in the Air 

20 Quality Planning Pro gram of the Air and Radiation 

21 Management Administration, Department of the Environment. 

22 This public hearing is being held pursuant to 

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

2 301 et. seq. of the Environment Article, Annotated Code 

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

4 the State Administrative Procedures Act under the State 

5 Government Article, beginning at Section 10-101. 

6 Notice of this hearing appeared in the 

7 following: Maryland Register on April 5, 2013; 

8 MOE's website from March 15, 2013 through May 8, 2013; 

9 Baltimore Sun on April 5, 2013; Saint Mary's Enterprise 

10 on April 5, 2013; Cumberland Times-News on April 5, 2013; 

11 Frederick News-Post on April 5, 2013; Cecil Whig on April 

12 5, 2013; Salisbury Daily Times on April 5, 2013; and the 

13 Washington Post on April 4, 2013. 

14 Copies of these notices were submitted for the 

15 record. 

16 Copies of the proposed amendments and 

17 supporting documents were submitted for review to the 

18 State Clearinghouse and are also submitted at this time 

19 into the hearing record. Copies of the proposed 

20 amendments and supporting documents were made available 

21 for public inspection at the Air and Radiation Management 

22 Administration offices in Baltimore, Cumberland, and 

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1 Salisbury, and at all local health departments or local 

2 air quality control offices. 

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

4 public an opportunity to comment on the proposed 

5 amendments to COMAR 26.11.01.01 and COMAR 26.11.06.14. 

6 Summary 

7 The purpose of this action is to incorporate 

8 updated federal standards for the New Source Review (NSR) 

9 Prevention of Significant Deterioration (PSD) program. 

10 This amendment will provide that future amendments to the 

11 federal PSD program will be automatically included in 

12 Maryland regulations. This incorporation by reference 

13 will add provisions for fine particulate matter and its 

14 precursors, provisions to defer inclusion of sources of 

15 biogenic emissions under PSD and removes certain 

16 grandfathering provisions. 

17 Background 

18 On July 18, 1997, the EPA revised the NAAQS for 

19 PM to add new standards for fine particles, using PM2.5 

20 as the indicator. Health-based (primary) annual and 24-

2 1 hour standards for PM2.5 were established at 15 

22 micrograms per cubic meter (pg/m3) and 65 pg/m3, 

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1 respectively (62 FR 38652). At the same time that the 

2 primary standards were set, the EPA also established 

3 welfare-based (secondary) standards identical to the 

4 primary standards. On October 17, 2006, the EPA revised 

5 the primary and secondary NAAQS for PM2.5 and PM10 (71 FR 

6 61143) . In the final rule, the EPA reduced the 24-hour 

7 NAAQS for PM2.5 to 35 ~g/m3 and retained the existing 

8 annual PM2.5 NAAQS of 15 pg/m3. 

9 Epidemiological studies measuring health 

10 effects associated with PM2.5 have shown a significant 

1 1 correlation between elevated PM2.5 levels and premature 

12 mortality. Other important effects associated with PM2.5 

13 exposure include aggravation of respiratory and 

1 4 cardiovascular disease, lung disease, decreased lung 

15 function, asthma attacks, and certain cardiovascular 

16 problems. Individuals particularly sensitive to PM2.5 

17 exposure include older adults, people with heart and lung 

18 disease, and children. 

19 EPA has finalized a number of amendments to the 

20 PSD requirements during 2010, 2011, and 2012. These 

21 amendments include the following: 

22 March 12, 2012 - This proposed rule would 

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1 clarify that condensable particulate matter should be 

2 included as part of the emissions measurements for 

3 regulation of PM2.5 and PM10. The proposal would remove 

4 the inadvertent requirement in the 2008 PM2.5 NSR 

5 Implementation Rule, that measurements of condensable 

6 particulate matter be included as part of the measurement 

7 and regulation of much larger particles included as 

8 "particulate matter emissions." 

9 May 10, 2011 - EPA issues a final rule to 

10 repeal the grandfather provision for PM2.5 contained in 

11 the federal PSD permit program. 

12 January 12, 2011 - EPA announces its plan to 

13 defer, for three years, greenhouse gas (GHG) permitting 

14 requirements for carbon dioxide (C02) emissions from 

15 biomass-fired and other biogenic sources. 

16 On December 23, 2010, the U.S. Environmental 

17 Protection Agency (EPA) issued a series of rules that put 

18 the necessary regulatory framework in place to ensure 

19 that 1) industrial facilities can get Clean Air Act 

20 permits covering their greenhouse gas (GHG) emissions 

21 when needed and 2) facilities emitting GHGs at levels 

22 below those established in the Tailoring Rule do not need 

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1 to obtain Clean Air Act permits. 

2 September 29, 2010 - EPA has established key 

3 components for making PSD permitting determinations for 

4 fine particle pollution - increments, significant impact 

5 levels (SILs), and a significant monitoring concentration 

6 (SMC). 

7 Sources Affected and Location 

8 The NSR PSD program applies to new major 

9 sources locating in attainment areas and major 

10 modifications that occur in attainment areas. The 

11 program also applies in nonattainment areas. In 

12 nonattainment areas, new major sources or major 

13 modifications of regulated NSR pollutants for which the 

14 area is not nonattainment must meet PSD requirements. 

15 Requirements 

16 Specific Requirements for PM2.5 . 

17 These amendments to COMAR 26.11.17, 

18 Nonattainment Provisions for Major New Sources and Major 

19 Modifications, reflecting the amendments to 40 CFR 51.165 

20 and 40 CFR 51 Appendix S, establish the following: 

21 • S02 and NOx are precursors to PM2.5; 

22 • The emission rate applicable to Major Stationary Source 

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1 threshold for PM2.5 and its precursors is 100 tpy; and 

2 • The emission rate applicable to Major Modification for 

3 PM2.5 is 10 tpy direct PM2.5, 40 tpy of S02 and 40 tpy of 

4 NOx. 

5 General Requirements for PSD 

6 Prevention of Significant Deterioration (PSD) 

7 applies to new major sources or major modifications at 

8 existing sources for pollutants where the area the source 

9 is located is in attainment or unclassifiable with the 

10 National Ambient Air Quality Standards (NAAQS). It 

11 requires the following: 

12 1. installation of the "Best Available Control Technology 

13 (BACT)"; 

14 2. an air quality analysis; 

15 3. an additional impacts analysis; and 

16 4. public invo~vement. 

17 Best Available Control Technology (BACT) 

18 BACT is an emissions limitation which is based 

19 on the maximum degree of control that can be achieve. It 

20 is a case-by-case decision that considers energy, 

21 environmental, and economic impact. BACT can be add-on 

22 control equipment or modification of the production 

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13 -, 

1 processes or methods. This includes fuel cleaning or 

2 treatment and innovative fuel combustion techniques. 

3 BACT may be a design, equipment, work practice, or 

4 operational standard if imposition of an emissions 

5 standard is infeasible. The RACT/BACT/LAER Clearinghouse 

6 (RBLC) database contains information on what has been 

7 required as BACT in air permits. 

8 Air Quality Analysis 

9 The main purpose of the air quality analysis is 

10 to demonstrate that new emissions emitted from a proposed 

11 major stationary source or major modification, in 

12 conjunction with other applicable emissions increases and 

13 decreases from existing sources, will not cause or 

14 contribute to a violation of any applicable NAAQS or PSD 

15 increment. Generally, the analysis will involve (1) an 

16 assessment of existing air quality, which may include 

17 ambient monitoring data and air quality dispersion 

18 modeling results, and (2) predictions, using dispersion 

19 modeling, of ambient concentrations that will result from 

20 the applicant's proposed project and future growth 

21 associated with the project. 

22 Class I areas are areas of special national or 

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·-·::- 14 

1 regional natural, scenic, recreational, or historic value 

2 for which the PSD regulations provide special protection . 

3 The Federal Land Manager (FLM), including the State or 

4 Indian governing body, where applicable, is responsible 

5 for defining specific Air Quality Related Values (AQRV's) 

6 for an area and for establishing the criteria to 

7 determine an adverse impact on the AQRV's. If a FLM 

8 determines that a source will adversely impact AQRV's in 

9 a Class I area, the FLM may recommend that the permitting 

10 agency deny issuance of the permit, even in cases where 

11 no applicable increments would be exceeded. However, the 

12 permitting authority makes the final decision to issue or 

13 deny the permit. 

14 PSD Increment 

15 PSD increment is the amount of pollution an 

16 area is allowed to increase. PSD increments prevent the 

17 air quality in clean areas from deteriorating to the 

18 level set by the NAAQS. The NAAQS is a maximum allowable 

19 concentration "ceiling." A PSD increment, on the other 

20 hand, is the maximum allowable increase in concentration 

21 that is allowed to occur above a baseline concentration 

22 for a pollutant. The baseline concentration is defined 

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"'":· -; .. 15 

1 for each pollutant and, in general, is the ambient 

2 concentration existing at the time that the first 

3 complete PSD permit application affecting the area is 

4 submitted. Significant deterioration is said to occur 

5 when the amount of new pollution would exceed the 

6 applicable PSD increment. It is important to note, 

7 however, that the air quality cannot deteriorate beyond 

8 the concentration allowed by the applicable NAAQS, even 

9 if not all of the PSD increment is consumed. 

10 Additional Impacts Analysis 

11 The additional impacts analysis assesses the 

12 impacts of air, ground and water pollution on soils, 

13 vegetation, and visibility caused by any increase in 

14 emissions of any regulated pollutant from the source or 

15 modification under review, and from associated growth. 

16 Associated growth is industrial, commercial, and 

17 residential growth that will occur in the area due to the 

18 source. 

19 Consideration of Comments 

20 The Department will consider all comments 

21 before making a decision to adopt these amendments. 

22 

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-:.-:··.· 16 

1 MS. RABIN: Because no one has come to attend 

2 this public hearing, we will now conclude the public 

3 hearing regarding amendments to (1) Regulation .01 under 

4 COMAR 26.11.01, General Administrative Provisions and (2) 

5 Regulation .14 under COMAR 26.11.06, General Emission 

6 Standards, Prohibitions, and Restrictions. 

7 Please let the record reflect that it is now 

8 10:26 and this hearing is officially concluded. 

9 (Whereupon, the hearing was concluded.) 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

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1 CERTIFICATE OF COURT REPORTER 

2 

3 I, Linda Metcalf, do hereby certify that the 

4 foregoing transcription was reduced 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 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 

b 

16 LINDA METCALF 

17 Court Reporter 

18 

19 

20 

21 

22 

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NO ONE ATTENDED THE PUBLIC HEARING 

AND 

NO COMMENTS WERE RECEIVED 

 DURING THE 30-DAY COMMENT PERIOD