# 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. Th i s 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. I f 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 V

ia Maryland Relay Serv iceP ROPOSED 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 Emiss ion 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 biogeni c 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 r evised the NAAQS for PM to add new standards for fine particles, using PM 2.5 as the indicator. Health

based (primary) annual and 24

- hour standards for PM 2.5 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 PM 2.5 and PM 10 (71 FR 61143). In the final rule, the EPA reduced the 24

- hour NAAQS for PM 2.5 to 35 μg/m3 and retained the existing annual PM 2.5 NAAQS of 15 μg/m3. Epidemiological studies measuring health effects associated with PM 2.5 have shown a significant correlation between elevated PM 2.5 levels and premature mortality. Other important effects associated with PM 2.5 exposure include aggravation of respiratory and cardiovascular disease, lung disease, decreased lung function, asthma attacks, and certain cardiovascular problems. Individ uals particularly sensitive to PM 2.5 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: Marc h 12, 2012

- This proposed rule would clarify that condensable particulate matter should be included as part of the emissions measurements for regulation of PM 2.5 and PM 10 . The proposal would remove the inadvertent requirement in the 2008 PM 2.5 NSR Impleme ntation 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 PM 2.5 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 sourc es. 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 fo r 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 modificatio ns 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. Requiremen ts Specific Requirements for PM 2.5 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: • SO 2 and NO x are p recursors to PM 2.5 ; • The emission rate applicable to Major Stationary Source threshold for PM 2.5 and its precursors is 100 tpy; and • The emission rate applicable to Major Modification for PM 2.5 is 10 tpy direct PM 2.5 , 40 tpy of SO 2 and 40 tpy of NO x . 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 Ambie nt 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 (BA CT) 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 p roduction 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 sour ce or major modification, in conjunction with other applicable emissionsPROPOSED ACTION ON REGULATIONS

622

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 assess ment 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 I ndian 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 im

pact 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, howe ver, 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 w ater 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 th is 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 impa ct 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 pr ovisions 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 CO 2 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, re gulated 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;P ROPOSED ACTION ON REGULATIONS 623

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 emi ts 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 Preventio n 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 CO 2 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. SUMME RS, 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 A dministrative 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 wi th an aerodynamic diameter less than or equal to a nominal 2.5 micrometers and is referred to as PM 2.5 . Maryland ‘ s nonattainment area (NAA) NSR program is contained in COMAR 26.11.17, and applies to major stationary sources and major modifications which ar e major for PM 2.5 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. Environm ental 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 PM 2.5 a s the indicator. Health

- based (primary) annual and 24

- hour standards for PM 2.5 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 establishe d welfare

- based (secondary) standards identical to the primary standards. Epidemiological studies measuring health effects associated with PM 2.5 have shown a significant correlation between elevated PM 2.5 levels and premature mortality. Other important ef fects associated with PM 2.5 exposure include aggravation of respiratory and cardiovascular disease, lung disease, decreased lung function, asthma attacks, and certain cardiovascular problems. Individuals particularly sensitive to PM 2.5 exposure include old er 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 PM 2.5 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 inc luded 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 PM 2.5 and PM 10 (71 FR 61143). In the final rule, the EPA reduced the 24

- hour NAAQS for PM 2.5 to 35 μg/m3 and retained the existing annual PM 2.5 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 PM 2.5 precursors ( ― Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ) ‖ (73 FR 28321)). In this final rule, changes associated with PM 2.5 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 (SO 2 ) and nitrogen oxides (NO x) as precursors for PM 2.5 ; the MDE is adopting the same precursors (SO 2 and NO x) to its nonattainment program for PM 2.5 . 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 identi fies 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 pharmaceuti cals. Major stationary sources and major modifications located in PM 2.5 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) PM 2. 5 . Evaluating this, these sources, if newly locating to

# T E C H N I C A L 

# S U P P O R T 

# D O C U M E N T

Department of the Environment 

# Amendments to COMAR 26.11.01.01 General Administrative Provisio ns and COMAR 26.11.06.14 General Emission Standa rds, 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 standard s were set, the EPA al so established welfarebased (secondary) standards identical to the primary standards. On October 17, 2006, the EPA revised the primary and secondary NAAQS fo r 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 e ffects associated with PM2.5 have shown a significant correlation between el evated 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 functi on, asthma attacks, and certain cardiovascular problems. Individuals particularly sensitive to PM2.5 exposure include older adults, people with heart and lung diseas e, 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 rulewould clarify that condensabl e 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 repealthe grandfather provi sion for PM2.5 contained in the federal PSD permit program. January 12, 2011 - EPA announces its plan to de fer, 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 necessa ry 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 leve ls below those established in th e 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 c oncentration (SMC). Affected Sources The NSR PSD program applies to new major s ources locating in attainment areas and major modifications that occur in attainment areas. The programalso 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 Stati onary Source threshold for PM2.5 and its precursors is 100 tpy; and • The emission rate applicable to Major Modifi cation 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 Avai lable 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 base d 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 qualityanalysis is to demonstrate th at new emissions emitted from a proposed major stationary source or major modi fication, in conjunction w ith other applicable emissions increases and decreases from existing sources, will not cause or contribute to a violation of any applicableNAAQS or PSD increment. Generally, the analysis will involve (1) an assess ment 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 a ssociated with the project. Class I areas are areas of special national or regional natural, sc enic, recreational, or historic value for which the PSD regulations provide special protection. The Federal Land Manager (FLM), including the State or Indian governi ng body, where applicable, is responsible for defining specific Air Quality Re lated 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 defi ned 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. Signifi cant deterioration is said to occur when the amount of new pollution would exce ed 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 im pacts 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 o ccur in the area due to the source. Expected Emissions Reductions This incorporation by reference requires affectedmajor 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 acti on, 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, th e 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 th e 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 Administ rator 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 R egulations .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 Per mit 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. S HARFSTEIN, M.D. Secretary of Health and Mental Hygiene 

# Title 15 DEPARTMENT OF AGRICULTURE Subtitle 05 PESTICIDE US E 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 U se 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 FOUNDATI ON 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 pro posed 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 Cr edit

. 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 amen dments 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 th e 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 Re lay Service 

### Martin O’Malley Governor Anthony G. Brown Lieutenant Governor



### March 15, 2013
CERTIFICATE OF PUBLICATION
This is to certify that the “Maryland Departme nt 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 supp orting 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.

# --**·~ --------------"** **~**

MO E Public Hearings, Meetings and Request for Comments

• M OE ca l en d a r The comp l ete l i st i ng of MOE publie meet i ngs and hea ri ngs is posted i n 

### the MOE Ca l endar

. Please ca ll 

### ot ema i l contact person cited i n 

### the meet i ng detai f.s for any Quest i ons 

### or to send a oomment. 

### • M a ry la n d Environmental**R~u ons**  Publ i c: hea ri ngs, meet i ngs, Md reQuest 

### for 

### eommenu re l ated to "1-aty l arw:l environmenta l regu l at i ons are a l so posted at the Air 

### Rcgu!ttlons , Water Regul ations 

### and 

### Lfrxl Bcgulations sections of thi s webs i te . 

### • N o t i ce o f Pu b l ic H e a rings/Comment Periods Concern i ng Propose d 

### Am e n d n le n ts a n d N ew Regu la tions to Ai r 

### Qua lity Regu la tions The Mary l and Oep.3rtment of the Env i ronment g i ves not i ce of pub l i c heari ng:/ comment per i ods eoneem i ng the fo ll ow i ng proposed 

### acti ons: 1. Amendments to Regu l at i on .01 unde r COMAR 26

. 11.01 Gene r a l Adm i n i strat i ve Prov i s i ons and Regu l at i on .14 under COMA.R 26

. 11

. 06 Gene ra l Em i ss i on Standards, Proh i bit i ons, and Rest ri ct i ons to i ncorporate updated federa l standards for the New Source Rev i ew (HSR) Prevent i on of S i gn i ficant Deteri orat i on 

### (PSO) program. These amendments 

### w i ll prov i de that future amendments to the federa l PSO program w i ll 

### be automat i ca l l y i ncluded i n fo.lary l and regu l at i ons. Th i s i ncorporat i on by reference 

### w i ll add prov i s i ons for fine part i cu l ate matter and i ts precut'$ors, provi. : i ons to defer i nclusion of $0urees of b i ogen i c em i ss i ons under PSO and removes certa i n grandfatheri ng prov i s i ons. ( See Techn i co l Supoort. t>os: u ment) 2. Amendments to Regu l at i on .01 under COMAR 26

. 11.01 Gene r a l Adm i n i strat i ve Prov i si ons and Regu l at i ons . 01 and

. 02 under COMAR. 26.11.17 Non.att.a i nment Prov i s i ons for Major New SOut'Ce$ and Major f"lod i fieations to i ncorporate feder-al standards for the New Source Re vi ew (NSR) program for fine part i culate matter and its precursors i nto the Code of t;lary l and Regu l at i ons**(CO~IAA) .**  Maryland's nonatta i nment are.a NSR. program appl i es to major**~at on.ary**  sources and ma j or modificat i ons wh i ch are ma j or for PM2.S or i ts precursors at fac ir rt i es &ocated i n 8alt i more C i ty, An

. ne Arunde l , 8a l t i more, 

### C&N'OII , Char l u, Frederi ck, Hal"ford, Howard, Montgomery, Pri nce Georoe ' $ and Wa$h i noton**count es** **~** ItcfJ n jca! Supoort 

### Qocumeot) 3. Amendments to Regu l at i ons .02 and .03 under COMA.R 26

. 11.27 Em i ss i on L i m itat i ons fer Power P la nts to re i nstate the or i g i nal annua l and otone $e&$On emiu i on l i m i ts for NOX and .annua l em i $$ i on l i m i t$ for S02 for R

. Pau l Sm i th Power Stat i on e l ectr i c generat i ng un i ts as estab l i shed under COMAA 26.ll.2i- Em i ss i on Li m i ta ti ons for Power Plants adopted permanently effective Juty 16, 2007

. Th i s act i on i s i n**respon~** to a reque$t by R

. P.aul sm i th to the f>lary l and oepartment of the Env i ronment to reta i n its T i tle 

### V perm i t a l though the power p l ant has ceased oper-at i ons as of September 1, 2012

. ( see Technical Suooort Document) 4

. New Regu l at i ons . 01 - . 04 under a new c::hal)ter, COt;1AR 26.11

. 37 Outer cont i nenta l She l f A i r Regu l at i ons to adopt regu l at i ons wh i ch w i ll i ncorpo r- ate by reference the prov i s i ons 

## ot the Code of Federa l Regu l at i ons, 40 CFR SS " Outer cont i nen-ta l Shelf A i r Regulations·. < see Technical suooort Document) The fu ll text of the p r oposed amendments 

### w i ll appear i n the Maryland Reg i ster at 

### bUOi li www.dsd

. statc . md.ys/ mdre:gi ste: rl on April 

### 5 , 201 3

. Publ i c hea ri ngs on these act i ons 

### w i ll be he l d on Hay 7, 2 0 1 3 at 10 a.m . at the Department 

## ot the Env i ronment., 1800 Wash i ngton Bou l evard, 1St Floor COnference Rooms, Sa l t i more, l' l aryland 21230-1720

. Comments must be received by 5 pm on H o y 7, 2 01 3

. For more i nformation or to submit comments, ca ! Ve-ma i V fax: Deborah Rab i n, Regulation$ Coord i nator, Air and Rad i at i on Management Adm i n i st r at i on Oepartment of the En vi ronment 1800 wash i ngton 60u l evard, Sui1e 730, 8a; l t i more, r.tary l and 21230-1720 

# . ' 

# .................... ...

# ~)**:__**________________ Sustain a b/e __Attain a b/ e Maryland Department of Planning

March 26, 20 13



### Ms. Deborah Rabin R

e gulations Coordinator, Air & 

### Rad iation Management Administration Maryland Department of the Environment 1800 

### Wa s hington Blvd

. Suite 730 

### Baltimor e, MD 21230-1720 

### STATE CLEARINGHOUSE REVIEW PROCESS

State Application Identifier: MD20130319-0162 

### Project Description: Amendment s to Regulation s: .0 

### I under COMAR 26.11.0 

### I,

. 14 

### und e r 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. 

### Comment s and Public Hearings for May 7, 2013 

### Project Location: Maryland Cleari n ghouse Contact: Sophia Richardson Dear Ms
. Rabin: Thank you for submitting yam project for intergovernmental review

. Pa1ticipation in the Maryland Intergove rnmental Review and Coordination (MIRC) process helps ensure project consistency with plans , program s , and objectives of State agencies and local governments. Noti ce o f your application is being provided to Stat e and local public officials through the Intergovemmental Monitor , 

### which is a database of projects received by the State Clearinghouse for Interg overnmental Assistance. This informati o n may b e viewed at http:/ / planning

. maryland.gov/emircpublic/. The project has been assigned a uniqu e 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 1 0-767-4490 

### or through e-mail at s richardson@mdp

. state . md.us

. Thank you for your cooperatio n with the MIRC process. Sincerely,

# ~iv~~ Linda C

. Janey, J.D
. , As s istant Secretary P
. S. Great News!! Your project may b e e ligible to be " Fa s tTra c k e d" through th e Stat e p e rmitting pr ocesses. For mor e inf or

matio n, go to: http ://e a s )l

. man, lan d.gov/wordp ressl [asttrackl

. 

### LCJ:SR Cc: U .S

. Environmental Protect io n Agency 13 - 0162

_

NM

. N£Wdoc Martin O ' Malley , Governor Anthony G

. Br own, 

### Lt
. Governo r Ri c h a rd E ber h art H a ll , AICP, S ecre tary M a tth ew J
. Powe r, D e puty Sec retary 301 West Pr eston S tr eet - Sui te 1 101 - Baltimore - Maryland - 2 1 20 1 Te l : 410.767

. 4500 - Toll Free : 1

. 877 .76 7

. 6272 - TIY u se rs : Maryland R e l ay - Planning

. M ary l and.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\5146F419MDE... 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

To: Allegany County Environmental Health Director (AL Action Co Env Health Transferred**~[)!f'~~or.FIELD_OFFICES_PO.FIELD** OFFICES)

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3/18/2013 11:03AM 3/18/2013 11:03AM

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### Page 1 of7**~--~~ ~~~~~~~-~~-~~-~-~~-~--~-~·-~·-~~~·-~~~~--~~·-~-~~~~---~~-···-~~·--~-~--** **-~~---·~·--~"~-"'**

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. http://support.google.com/maillbin/answer.py?

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### file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F419MDE... 3/18/2013To: Garrett County Environmental Health Director (GA Co Env Health**[)i!l3ct~r~(=!E~[)=()~~<:!~,.,~~~IE~D** _**O_J=£1~§~)** Transferred To: Garrett County Health Officer (GA Co Health Transferred**Officer.FI§'::[)=()~(=IC~~:=~C>:~I-EL[)=()FFI~-~~L --~------~-----**  3/18/2013 11:03 AM 

### Page 2 of7

To: Harford County Environmental Health Director (HA

. 311812013 550 5.1.1 Co Env Health Undeliverable 11 :0 3 AM http://support.google.com/m9illbin/answer.py?**DirE)~!~r·£!§'::[)=()£.£1CES_PO~IEL[)=()~IC~~l~~---~-- ·--~----~---answer-6~~6**  tll17s_i3..!_364753Pbc.300-**!;!~111..!1'~-**

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### file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F419MDE... 3/18/2013**<:)!!icer.FI~l:D-OFFICES_PO.FIELD** OFFICES) To: Wicomico County Environmental Health Director (WI Co Env Health**_Dir~~~~f=IEI:D,~~~E~-=~<:)~F~ELD_O~IC§~L** Transferred Transferred To: Wicomico County Health Officer (WI Co Health Transferred**<:)ffi~~:f=~§l:D- O~ICE~** **_PO£~LD** _ <:)FFICESL**~--** _**------------~** __ _ 11:03AM 3/18/2013 11:03AM 3/18/2013 11:03AM To: Worcester County Environmental Health Director 311812013 (WO Co Env Health Transferred 11 :0 3 AM**Director.FIEL~D_O£f=I~ES~~f=~-~~.,<:)f=f=~~-~)·~-----~----·~--**

To: 

### Ace Adkins (AAdkins@mde.state.md.us) To: Adam Corry {ACorry@mde.state.md.us) To: Al Hooker (AHooker@mde.state.md.us)**~** To: Alan Kampmeyer**-~~_l<amPf!l.*:¥_!r@mde.state.****~:us~~--------·** To: Allison OHanlon (AOHanlon@mde.state.md.us) CC: Angelo Bianca (abianca@mde.state.md.us) To: Ann McManus (AMcManus@mde.state.md.us) Delivered Delivered Delivered Delivered Delivered Delivered Delivered 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM

------------**----····-~···,.·** 

### ·- To: April Stehr (AStehr@mde.state.md.us) 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 Delivered Delivered 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM ·----,.-··--- Delivered Delivered Delivered Delivered Delivered Downloaded Delivered 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:03AM 3/18/2013 11:01 AM To: Carlton Washburn (cwashbum@mde.state.md.us) Delivered 3/18/2013 11:01 AM 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 Deleted Delivered Forwarded Delivered Delivered 3/18/2013 11:01 AM 3/18/2013 11:03AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM Undeliverable 311812013 11:01 AM 

### Page 3 of7

file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\5146F419MDE... 3/18/2013BC: 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 Delivered 3/18/2013 11:01 AM Delivered 3/18/2013 11:01 AM Delivered 3/18/2013 11:01 AM Read 3/18/2013 11:02 AM Delivered 3/18/2013 11:01 AM Delivered 3/18/2013 11:01 AM Delivered 3/18/2013 11:01 AM Delivered 3/18/2013 11:01 AM Delivered 3/18/2013 11:01 AM Delivered 3/18/2013 11:01 AM Undeliverable 311812013 11:01 AM Delivered 3/18/2013 11:01 AM

--**-~~-----~~~--·--~~~-·~~··~-~-0>~~** -**-~~-~-~~~** -·-·---**----~~----~---·-----~--~---~--~-·--·~-----~--~~-------**

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 11:01 AM Delivered Delivered Delivered Delivered Delivered Delivered Delivered Delivered Delivered Delivered Delivered Delivered Delivered 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 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 11:01 AM 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 11:01 AM 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 11:01 AM To: Don Bradley (dbradley@mde.state.md.us) Undeliverable 311812013 11:01 AM To: Donna Disharoon (DDisharoon@mde.state.md.us) Delivered 3/18/2013 11:01 AM 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 11:01 AM 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 11:01 AM To: lan Spotts (ispotts@mde.state.md.us) Delivered 3/18/2013 11:01 AM 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 11:01 AM To: Jeff Snyder (JSnyder@mde.state.md.us) Delivered 3/18/2013 11:01 AM To: Jennifer Jaber Ojaber@mde.state.md.us) Deleted 3/18/2013 11:02AM To: Joe Kincaid Okincaid@mde.state.md.us) Read 3/18/2013 11:02 AM To: Joe Mills (JMills@mde.state.md.us) Read 3/18/2013 11:03 AM To: John Carey (JCarey@mde.state.md.us) Delivered 3/18/2013 11:01 AM To: Julie OConnor Ooconnor@mde.state.md.us) Delivered 3/18/2013 11:01 AM BC: Karen Irons (kirons@mde.state.md.us) Delivered 3/18/2013 11:01 AM To: Lisa Green (l:Green@mde.state.md.us) Delivered 3/18/2013 11:01 AM To: Lisa Trujillo (ltrujillo@mde.state.md.us) Deleted 3/18/2013 11:01 AM To: Lorri Broadwater (LBroadwater@mde.state.md.us) Delivered 3/18/2013 11:01 AM



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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 11:01 AM To: Mark Hajas (mhajas@mde.state.md.us) Delivered 3/18/2013 11:01 AM To: Mary Lynn Pegg (MPegg@mde.state.md.us) Delivered 3/18/2013 11:01 AM 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

Delivered Delivered Read Delivered Delivered Forwarded Delivered Transferred Transferred Transferred Transferred Transferred Transferred Transferred Transferred Transferred Transferred Transferred Transferred Transferred Delivered Delivered 3/18/2013 11:01 AM

3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:02 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:02 AM 3/18/2013 11:02 AM 3/18/2013 11:02 AM 3/18/2013 11:02 AM 3/18/2013 11:02 AM 3/18/2013 11:02AM 3/18/2013 11:02 AM 3/18/2013 11:02 AM 3/18/2013 11:01 AM 3/18/2013 11:02AM 3/18/2013 11:01 AM 3/18/2013 11:02 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 2.0.0 message relayed 2.0.0 message relayed 2.0.0 message relayed 2.0.0 message relayed 2.0.0 message relayed 2.0.0 message relayed 2.0.0 message relayed 2.0.0 message relayed

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... 3/18/2013To: 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 11:01 AM Delivered 3/18/2013 11:01 AM Delivered 3/18/2013 11:01 AM Delivered 3/18/2013 11:01 AM Delivered 3/18/2013 11:01 AM Undeliverable 311812013 11:01 AM Delivered Delivered Delivered 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 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 Delivered Delivered Forwarded Transferred Delivered Delivered Delivered Delivered Delivered Delivered Deleted Delivered Delivered 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM 3/18/2013 11:02 AM 3/18/2013 11:01 AM 3/18/2013 11:01 AM



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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



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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



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

### Page 1 of 1 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 Transferred 3/18/2013 11 :02 AM**~~-~~-** Transferred 3/18/2013 11:03 AM 2.0.0 message relayed Transferred 3/18/201311:03 AM 2.0.0 message relayed Transferred 3/18/2013 11:03 AM 2.0.0 message relayed Delivered 3/18/2013 11 :02 AM Forwarded 3/18/2013 11 :02 AM Transferred 3118/2013 11:03 AM 2.0.0 message**relaye~~** 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) Transferred 3/18/2013 11:03 AM 2.0.0 message relayed Delivered 3/18/2013 11:02 AM Read 3/18/2013 11:02 AM Transferred 3/18/2013 11:02 AM Transferred 3/18/2013 11 :02 AM Delivered 3/18/2013 11 :02 AM**~ ~-~~~** 

Transferred 3/18/2013 11:03 AM 2.0.0 message relayed**~-----** Delivered 3/18/201311:02AM CC: Marcia Spink (spink.marcia@epa.gov)**---·-~-~~-Transferred** 3/18/2013 11:03 AM 2.0.0 message relayed CC: Marilyn Powers (Powers.Marilyn@epa.gov) Transferred 3/18/2013 11:03 AM 2.0.0 message relayed 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 FR38652). 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

### S ources 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 Modifi cation 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) data base 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 treatme nt 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 Pr o 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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### 7 

### 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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### 8 

### 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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### 10 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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### 11 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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# . . 12 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, 2 1 environmental, and economic impact. BACT can be add-on 22 control equipment or modification of the production



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### 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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### 1 5 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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### 17 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