# 0 . .

# . MARYLAND DEPARTMENT OF THE ENVIRONMENT 

# MDE 1800 Washington Boulevard • Baltimore MD 21230 410-537-3000. 1-800-633-6101 Martin O'Malley Governor Anthony G. Brown Lieutenant Governor



### January 26, 20 I 0
CERTIFICATE OF PUBLICATION Shari T
. Wilson Secrewy Robert M
. Summers, Ph.D. Deputy Secretary



### This is to certifY that the "Maryland Department ofthe Environment (MOE) Notice ofPublic Hearings Concerning Proposed Amendments to Air Quality Regulations and Submission ofRegulations,. was published on MOE's web site on January 26, 2010. It will remain posted on the site until the public hearings have been held on March 3, 2010. The notice in full with links to technical supporting documents may be found in the following web address: http://www .mde.state.md
.us/ AboutMDE/regcomments.asp Web publication ofthe notice was at the request ofOeborah Rabin. Regulations Coordinator ofthe Air and Radiation Management Administration ofMOE
.

Attachments : Copy ofweb page as published
. MOE CMS Content History Report.

Recycled Paper www.mde.state.md.us 

### By:

DIANA ALEGRE MOE Webmaster

ITY Users 1-8Q0.735·:Z2S8 V

ia Maryland Relay Serv•ceMOE Requctt for C'ommenb

EmrtmMtltm feM!rnl $WI MD' Drpcbyrw coas-t w GAotw I FJnndat 

# ,..,. Dlrect!AO! tp MDI HQII,.,.,., !hoe! MQI HQ011 MDE Public Meetings, Hearings and Request for Comments

... MDI C:.lendar The**compte~** listing of Moe public meetings and hearings Is posted In the MDI Calwndlr P l ease call or email contact person cited In the meeting details for any questions or to send a comment.

.. Notice of Public Hearing• Concerning PropoHCI Amendments to Air Quality Regulation• and Submlalon of Regulation• The Maryland Department of the Environment g i ves notke of public heatlngs concerning proposed amendments to ai r QtJahty n!9Uiatlons and submission of regulatlons to the Envi ronmental Protection Agency (EPA) for approval as part of Maryland' s State lmplementat
. on Plan (SIP)
. The actions are briefly described below: 1. 0p8dty Requlrementl far Fuel Burning l!qulpment th•t Demanmate Compliance with COM Dm (1) Adopt amendments to Regulation .Oland
. 05, repeal existing Regulati ons . 10 and .11 and adopt new Regulations .10 and
. 11 under COMAR 26
. 11
. 01 General Admlnl strauve Prov s t ons ; and ( 2) Amend Regulatio ns .Oland
. 05 under COMAR 26.11
. 09 Control of Fuei · Bumtng Equ ipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations . This action will adopt rtew requ rements to demonstrate comp' lance with visible emiSSion limitations through the use of continuous opacity monitors ( COMs)
. To determine the effect of a variety of exceedance times and l evel s that m ght occur under realistic operating conditions at a fact. lty In Mary l and, the Department performed an air quality Impact modeUng analysis. The purpose of this ai r quality Impact analysis was to support this proposal to set standards for sources that have Installed COMs
. This air qua' lty modeling analys.s demonstrated that under the conditions allowed I n this 1'1!9Uiatron revision, there wrn be no nterference tn meeting and malnta ntng the PM10 24· hour National Amb ient Air Quality Standard (NAAQS). The proposed standards w m al'fect power plants and other facl 'ltfes that measure opacity through use of a COM
. The mass em sslon k mlts wttl remain J n effect for all facl 'lties that have Installed a COM
. The use of Technical Memorandum 90•01 ·continuous EmiSSion Monitoring (CEM) Polldes and Procedures• for the fuel bum lno equipment will be d iscont i nued except for Part II "Quality Assurance Requirements for Continuous Opao;ty Mon tor1ng Systems•. This Technical Memorand um 90-01 Is Incorporated by reference under COMAR 26.11.01.11. (See Ttd!nlq! Supnnrt !)Qcy!ZIIf!tl**~)** 1.**~ropDAI** to Submit COMAit 21 , 11.08.07 and .01 COMAR 21 , 11
. 14.05 ta I!PA for Appi'0¥81, This action will allow opportunity for public comment on the Department's proposal to submi t COMAR 26
. 11
. 08.07and
. 08 (relati ng to mun icipal waste combustors) and COMAR 26.11
. 14
. 05 (relating to Kraft pulp mills) to the Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan4SIP)
. 

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## ;';';;!!:'W' > 3. NO• l!mluJon• Llmltlltlon •t Krllft Pulp Mill• This action will adopt new Regulation
.07 under COMAR 26.11.14 Control of Emissions from Kraft P ulp Milts to establish 11 NOx emissions limitation for fuel burning equipment located at Kraft pulp mills. (Sn Ttd!n!c.tf SUppqrt pgcurn!PI**~~** 4. NOx llequlrementll far IC& at Natul'lll Ga• Pipeline Compre
..lon Station• •nd •t Cement Kiln•**lae~~ted** •t Portlend Cement Manufecblrlng Plenbl This action will : (1) repeal Regulations .01 - .15 under COMAR 26.11.29 NOx Reduction and Trading Program and adopt new Regulations .01 - . OS under a new Chapter COMAR 26.11.29 NOx Reduction Requ i rements for Non-Electric Generating Uni ts under the Oean Air Interstate Rule; and (2) repeal Regulations .01 - . 09 under COMAR 26.11.30 Policies and Procedures Relating to Maryland's NOx Reduction and Trading Program. This action will continue the NOx emlsslort requirements for Internal combustion engines located at nat ural gas pipeline compression statiOns and NOx requirements for cement kllns located at Portland cement manufacturing plants that were Included In the NOx Reduction and Trading Program (NOx SIP Call) under COMAR 26.11.29 and .30. The action will make the NOx emission requirements for those cement kilns more str1ct than the existing requirements beginning In Apr11 2011. ($M Jecbnlc!al 5vpn9d PA9amegt**~)** s. Amend the M•ryl•nd C02 Budgllt Tl'lldlng Progl'llm This action will : (a) amend Regu l ations . 02, .OJ and .05 under COMAR 26
. 09
. 01 General Admin i strative Provis ions; {b) amend Regulation
. OS under COMAR 26
. 09
. 02 Applicability, Determ i ning Compliance, and Allowance D lstr1butlon ; (c) amend Regulations
. 04, . 06 and
. 07 under COMAR 26
. 09
. 03 Ol'fset ProJects ; and (d) amend Regu l ations
.03,
. 08 and
. 09 under COMAR 26
. 09
. 04 Auctions. This action will amend regulations under COMAR 26
. 09 wtth regard to the fonowJn9: (1) deftnltlons ; (2) minor language changes ; (3) Incorporation by reference documents; (4) language deletion for consistency; and (5) modlncatlons to the bidder app licati on and submittal process . All of the actions described above except the C02 Budget Trading Program amendments will be submitted to the U
.s. EPA for approval as revisions to Maryland's State Implementation Plan (SIP). All of the actions described above except the C02 Budget Trading Program amendments will be submitted to the u.s. EPA for approval as revisions to Maryland's State Implementation Plan (SIP). (5M Ted!niAI $11QMrt DPcu!IW!I**~)** The full text of the 4 new proposed actions will appear In the Maryland Register and at Mtp · Uwwp dw! .,, me! ,wmclrn''lt!r! on January 29, 2010. The proposed acti ons and supporting documents are also available for review at the following locations: the Air and Radiation Management Adm i nistration ; 1'1!9lonal offices of the Department In Cumberland and Sa lisbury; an IOGIII air quality con t rol otnces; and local health departments In those count ies rtot havi ng separate air quality control omces. Pvbllc heerlnge on the propoMCI actions will be held an Merdt 3, 2010 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Aer1s Conference Rooms, Baltimore, Maryland 21230·1720.

h!lp i!www .mck
. slal•.md.us/About.\oiOE/rcq,ornmmrt
.up[l/2612010**10 03** **~0** AMI 

# ..Interested persons are Invited to attend and express their vleM. Comments may be mailed to Deborah Rabin, Regulatloos Coordinator, Air and Radiation Man3Qemeot Administration, Department or the environment, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230·1720, or em1iled to dCJI!InOmde state md "' or fiXed to (410) 537·4223. Comment• mutt be received not later then March l, :2010, or be aubmltted It the he1rtng. For more Information, call Deborah Rabin It (410) 537 · 3240
. Anyone needing special accommodati ons at a public hearing should contact the Department's Fair Practices omce at (410) 537·3964
. TTY users may contact the Department through the Maryland Relay Service at 1·800·735-2258
.

... Notice or• 30·D•y Comment Period an PropoMCI Amendment. to Chapters .01, .02, and .14 In COMAR 211.10 (Oil Pollution •nd Tank M•n•gement) In the December 18, 2090 edition of the Htrvlfod ,,,,. MDE I s proposing amendments to Chapters
.01, .02, and , 14 In COMAR 26.10 (OU Pollution and Tank Man3Qement)
. In !lddltlon the proposal Includes the adoption of a new Chapter 16, Trllned Facility Operators. The energy Polley Act of 2005 requires the states adopt regulations governing training of underground stor1ge tank (UST) facUlty operaton1
. Thesa 1mendments as well as the new Chapter address the following: 1. The updating of certain reference Standards (Chaptenl 1 and 2). 2, The correction or certain starute references (Chapters 1 and 14). 3. A clarlllcatlon to regulations pertaining to the UST facilities loCited In the high risk groundwater use area (Chapter 2). 4. UST flclllty operator tr111n1 ng (Chapter 16)**rtc~ulrements** will: 11
. 11pply to "fl!derillly" regullted UST systems
. b
. establish three clilsstS of operators : • Class A : Persons hilvlng pnmary responsibility for the UST operation and maintenance (owner or

gene,.& man1ger) • aass B: Persons having dally on·slte responsibility for the UST operation and maintenance (shift:

manager) • Class C: Dally, on·slte employees having pnm1ry responsibility for addressing emergencies presented

by a spill or release from an UST system (cashier). • At a minimum each UST system must have a designated aass A, B, and C ope111tor. c. Implement this training as follows: • The vendors will establish certlftcatlon programs to provide training for Class A and B operators
. • aass A, B or operator trainer may provide train ing to Class C operators
. • Owners or operators will be required to maintain records documenting the training received for all

Class A, Class B, and Class C operators. • Reciprocity with other state programs will be 111lowed If MOE determines the training program Is as

stringent as Maryland's. A Publ ic Hearing will nat be scheduled, however, • lO · dliy comment period I a In effKt until the dote of bualn- on January 111, :2010
. If anyone has questions concerning the M'endments/new chapter, they may contact Herb Meade or Greg Sonberg of the 011 Control Program at (410) 537· 3442
. Wntten comments may be sent to Gall Cilstleman , Regulations Coordinator, land Management Administration, 1800 Washington Blvd, Baltimore MD 21230·1719. Comments may be faxed to Ms. castleman at (410) 537 · 3156 or emalled to era"'tm!nOayte lt!tt md 111

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User Who Perfonned Action Action Perfonned Date Action was Logged Joe Herb 

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Joe Herb Edit 1 12512010 11 :33:52AM View Content
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Joe Herb Publish 1125/2010 10:59:36AM View Content
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# • From: Debbie Rabin To: All County Environmental Health Directors; All County Health Officers;
.. . CC: Angelo Bianca; Brian Hug; Diane Franks; Horacia Tablada; Jay Sakai;
.. . Date: 1/29/2010 3:56 PM Subject: Notice of Public Hearings - Please Confirm Receipt MARYLAND DEPARTMENT OF THE ENVIRONMENT AIR & RADIATION MANAGEMENT ADMINISTRATION NOTICE OF PUBUC HEARINGS In March, 2010, the Air and Radiation Management Adm nistration will hold public hearings concerning proposed amendments to air quality regulations and submiss1on of regulations to the Environmental Protectlon Agency (EPA) for approval as part of Maryland's State Implementation Plan (SIP). The actions are brieny described below: 1. Opacity Requirements for Fuel Burning Equipment that Demonstrate Compliance with COM Data Adopt amendments to Regulation .01 and .05, repeat existing Regulations .10 and .11 and adopt new Regulations .10 and .11 under COMAR 26.11.01 General Admin istrative Provi sions; and (2) Amend Regulations .01 and .05 under COMAR 26.11.09 Control of Fuel-Burn i ng Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations. This action will adopt new requirements to demonstrate compliance with vis1ble emi ssion li mitations through the use of continuous opacity monitors (COMs). To determine the effect of a variety of exceedance times and levels that might occur under realistic operating conditions at a facility in Maryland, the Department performed an air quality impact modeling analysis. The purpose of this air quality impact analysis was to support this proposal to set standards for sources that have installed COMs. This air quality modeling analysis demonstrated that under the conditions allowed in this regulation revision, there will be no interference in meeting and maintaining the PM10 24-hour National Ambient Air Quality Standard (NAAQS). The proposed standards will affect power plants and other facilities that measure opacity through use of a COM. The mass emission limits will remain in effect for all facilities that have installed a COM. The use of Techn ical Memorandum 90-01 "Continuous Emission Monitoring (CEM) Policies and Procedures" for the fuel burning equipment will be discontinued except for Part II "Quality Assurance Requirements for Continuous Opacity Monitoring Systems". This Techn ical Memorandum 90·01 is incorporated by reference under COMAR 26.11.01.11. 2. Proposal to Submit COMAR 26.11.08.07 and .08 COMAR 26.11.14.05 to EPA for Approval. This action will allow ;• opportunity for public comment on the Department's proposal to subm i t COMAR 26.11.08.07 and .OB (relating to municipal waste**~** combustors) and COMAR 26.11.14.05 (relating to Kraft pulp m1lls} to the Environmental Protection Agency (EPA) for approval as

part of Maryland's State Implementation Plan (SIP). 3. NOx Emissions Limitation at Kraft Pulp Mills This action will adopt new Regulation .07 under COMAR 26.11.14 Control of Emissions from Kraft Pulp Mills to establish a NOx emissions limitabon for fuel burning equipment located at Kraft pulp mills. 4. NOx Requirements for ICEs at Natural Gas Pipeline Compression Stations and at Cement Kilns located at Portland Cement Manufacturing Plants This action will: (1) repeal Regulations .01- .15 under COMAR 26.11.29 NOx Reduction and Trading Program and adopt new Regulations .01 • .05 under a new Chapter COMAR 26.11.29 NOx Reduction Requirements for Non-Electric Generatin g Units under the aean A i r Interstate Rule; and (2) repeal Regulations .01 - .09 under COMAR 26.11.30 Policies and Procedures Relating to Maryland's NOx Reduction and Trad ing Program. Th i s action will continue the NOx emission requirements for i nternal combustion engines located at natural gas pipeline compression stations and NOx requirements for cement kilns located at Portland cement manufac:tunng plants that were included in the NOx Reduction and Trading Program (NOx SIP call) under COMAR 26.11.29 and .30. The action will make the NOx emission requi rements for those cement kilns more strict than the existing requirements beginnmg in April 2011. 5. Amend the Maryland C02 Budget Trading Program This action will: (a) amend R eg ulations .02, .03 and .OS under COMAR 26.09.01 General Administrative Provisions; (b) amend Regu ation .05 under COMAR 26.09.02 Applicability, Determining Compliance, and Allowance Distnbution; (c) amend R egulatr.ons .04, .06 and .07 under COMAR 26.09.03 Offset Projects; and (d) amend Regulat1ons .03, .OB and .09 under COMAR 26.09.04 Auctions. Th is acbon will amend regulat1ons under COMAR 26.09 w th regard to the following: (1) definitions; (2) m nor language changes; (3) incorporation by reference documents; (4) language deletion for consistency; and (5) modifications to the bidder application and subm 1 ttat process. Please make these materials available in your office for public review. All of the actions descnbed above**~the** C02 Budget Trading Program amendments wil l be subm itted to the 

### u.s. EPA for approval as revisi ons to Maryland's State Implementation Plan (SIP). The fu ll text of the 4 new pr oposed actions may be found today (January 29, 2010) 1 n the Maryland Reaister and at !J.!!J;r//www.dsd.state.md.us/md reg!s@

. The technical support documents (TSDs) are ava·rable for public review on the Maryland Page 1



# --- "'(1/29/2010) Debbie Rabin- Notice of Pub lic Heanngs - P lease Confirm Receipt

Department of the Environment's webs1te at the following address :**l~w.rnde.state d.us/** **bo tf\** **~j~comments.asQ** . Public hearings on the proposed actions will be held on March 3, 2010 at 10 a.m. a t t he Department of the Environment , 1800 Washington Boulevard, 1st Floor Aens Conference Rooms, Baltimore, Maryland 21230-1720. Interested persons are inv1ted to attend and expr ess thei r views. Comments may be ma1 led to Deborah Rabin, Regulations Coord inatOI', A1 r and Radiatioo Management Adm inistration, Department of the Environment , 1800 Washmgton Boulevard, S wte 730, Baltimore, Maryland 21230-1720, or ema1led to ctrabi n @mde.state.md.us, or faxed to (410} 537-4223. Comments must be recei ved not later than March 3, 2010, or be submitted at the hearing
. For more information, call Deborah Rabin at (410) 537·3240. Anyone needing special accommodations at a publ ic heanng should contact the Department's Fair Pract1ces Office at (410) 537- 3964. TlY users may contact the Department through the Maryland Relay Service a t 1 -800-735-2258
. Deborah Rabin, Regulations Coord nator Air & R adi ation Management Admin;strat1on Maryland Dept. of the Environment 1800 Washington Blvd
. , Suite 730 Baltimore, MD 21230 Telephone Number: (410}·537-4414 · Pag'e 2C \DOCUME-1\drabln\LOCALS-1\Temp\GW}00002.TMP



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### l/29/2010 3:56:50 PM Debbie Rabin 

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.md
.us 

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WI Co Env Health Director (Wicomico County Environmental Health Director) WI Co Health Officer (Wicomico County Health Officer) WO Co Env Health Director 

### l Worcester County Environmental Health Director) WO Co Health Officer (Worcester County Health Officer) epa.gov PM anderson.kathleen BC (Kathleen Anderson) fernandez.cristina BC (Cristina Fernandez) frankford.harold BC (Hal Frankford) Powers.Marilyn BC (Marilyn Powers) spink
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MDEPOl.MDEDOM PM JOConner (Julie OConner) MPegg (Mary Lynn Pegg) mde.state
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PO MAILI.MDEDOM PM AHansen (Audrey Hansen) dalegre BC (Diana Alegre) PM htablada CC (Horacio Tablada) AM JBuser (Jeffrey Buser) JHollern (Janet Hollern) mde.state.md.us

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### To: CC: 

### Date: Subject: Debbie Rabin Ali Mirzakhalili; Cecily Beall; David Arnold; John Benedict; Joyce E
... Angelo Bianca; Brian Hug; Diane Franks; Linda Janey; Tad Aburn 1/29/2010 3:53PM Notice of Public Hearings - Please Confirm Receipt MARYLAND DEPARTMENT OF THE ENVIRONMENT AIR & RADIATION MANAGEMENT ADMINISTRATION NOTICE OF PUBUC HEARINGS In March, 2010, the Air and Radiation Management Administration will hold public hearings concerning proposed amendments to air quality regulations and submission of regulations to the Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan (SIP). The actions are bnefly described below: 1. Opadty Requirements for Fuel Burning Equipment that Demonstrate Compliance with COM Data Amendments to Regulation .01 and .05, repeal exi sting Regulations .10 and .11 and adopt new Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions; and (2) Amend Regulations .01 and .05 under COMAR 26.11.09 Control of FuelBurning Equipment, Stationary Internal CombuStion Engi nes, and Certai n Fuel-Burni ng Installations. This action will adopt new requ irements to demonstrate compliance with visible emission limitations through the use of continuous opadty monitors (COMs). To determ i ne the effect of a variety of exceedance times and levels that might occur under realistic operating conditions at a fadlity In Maryland, the Department performed an air quality impact modeling analysis. The purpose of this ai r quality impact analysis was to support this proposal to set standards for sources that have installed COMs. This air quality modeling analysis demonstrated that under the conditions allowed in this regulation revision, there will be no interference in meeting and maintain i ng the PM10 24-hour National Amb ient Air Quality Standard (NMQS). The proposed standards will affect power plants and other facilities that measure opadty through use of a COM. The mass emission limits will remain in effect for all faolities that have installed a COM. The use of Technical Memorandum 90-01 "Continuous Emission Monitoring (CEM) Policies and Procedures" for the fuel burning equipment will be discontinued except for Part II "Quality Assurance Requirements for Continuous Opadtv Monitoring Systems". This Technical Memorandum 90·011s .ncorporated by reference under COMAR 26.11.01.11. 2. Proposal to Submit COMAR 26.11.08.07 and .08 COMAR 26.11.14.05 to EPA for Approval. This action will allow opportunity for public comment on the Department's proposal to submit COMAR 26.11.08.07 and .08 (relating to municipal waste combustors) and COMAR 26.11.14.05 (relating to Kraft pulp mills) to the Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan (SIP). 3. NOx Emissions Umltatlon at Kraft Pulp Mills This action will adopt new Regulation .07 under COMAR 26.11.14 Control of Emissions from Kraft Pulp Mills to establish a NOx emi ssions limitation for fuel burni ng eqUipment located at Kraft pulp m1lls. 4. NOx Requirements for ICEs at Natural Gas Pipeline Compression Stations and at Cement Kilns located at Portland Cement Manufacturing Plants This action will: (1) repeal Regulations .01- .15 under COMAR 26.11.29 NOx Reduction and Trading Program and adopt new Regulations .01 • .05 under a new Chapter COMAR 26.11.29 NOx Reduction Requ irements for Non-Electric Generating Units under the Oean Air Interstate Rule; and (2) repeal Regulations .01 - .09 under COMAR 26.11.30 Policies and Procedures Re l ating to Maryland's NOx Reduction and Trading Program. This action will continue the NOx emission requi rements for internal combustion engines located at natural gas pipeline compresslon stations and NOx requirements for cement k i lns located at Portland cement manufacturing plants that were included in the NOx Rec:luctlon and Trad1ng Program (NOx SIP 

### can) under COMAR 26.11.29 and .30. The action will make the NOx**em SSion**  requirements for those cement kilns more strict than the exiSting requirements beginning i n April 2011. 

### s. Amend the Maryland C02 BudgetTrading Program This action w1ll: (a) amend Regulations .02, .03 and .05 under COMAR 26.09.01 General Administrative Provisions; (b) amend Regulation .05 under COMAR 26.09.02 Applicability, Determining Comp rance, and Allowance Distribution; (c) amend Regula ti ons .04, .06 and .07 under COMAR 26.09.03 Offset Projects; and (d) amend Regulations .03, .08 and .09 under COMAR 26.09.04 Auctions. Th1s action will amend regulations under COMAR 26.09 with regard to the following: (1) definitions; (2) minor language changes; (3) incorporation by reference documents; (4) language deletion for cons1stency; and (5) modifications to the bidder appl' cation and subm•ttal process. All of the actions described above**~the** C02 Budget Trading Program amendments will be submitted to the U.S. EPA for approval as revis ens to Maryland's State Implementation Plan (SIP). The full text of the 4 new proposed actmns may be found today (January 29, 2010) in the Marvland Recister and at**tlt1 rU** **ww ,dS6** **sta te** **md l.l5/;:;:odl:erut>-t~**  . The techn1cal support documents (TSDs) are available for public review on the Maryland Department of the Envi ronment's website at the following address: t!.tm;i/w ww.mde.state.md
. us/ A

boutt-1D E h acom ments.asp
.(1/29/2010) Debbie Rabin- Notice of Public Hearings - Please Confirm Rece1pt

Public hearings on the proposed actions will be held on March 3, 2010 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Aens Conference Rooms, Bait more, Maryland 21230-1720. Interested persons are mvited to attend and express thetr views
. Comments may be mailed to Deborah Rabin, Regulations Coordinator, AJr and Radiabon Management Adm in1strabon, Department of the Env1r onment, 1800 Washington Bou le vard, Su ite 730, Baltimore, Maryland 21230-1720, or emalled to drabii',O: mde .state.md u; , or faxed to (410) 537·4223. Comments must be receoved not later than March 3, 2010, or be submitted at the heanng. For more information, call Deborah Rabin at (410) 537

-3240. Anyone needing spec1al accommodations at a public heanng should contact the Department's Fai r Pr actices Office at (410) 537- 3964. TTY users may contact the Department through the Maryland Relay Serv1ce at 1-800-735-2258
.

Deborah Rabin, Regulations Coord inator Air & Radiation Management Administration Maryland Dept. of the Environment 1800 Washington Blvd., Suite 730 Baltimore, MD 21230 Telephone Number: (410)-537-4414**E() OUME-1\d** **abi CALS-1\Te** **mp \GW}** **oo o2** 

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·-.**-~------------ ------·-------~** **age**

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Mail Envelope Properties (4B63047D.B4E : 96: 46318) Subject: Creation Date From: Notice of Public Hearings

- Please Confirm Receipt 1/29/2010 3:53:33 PM
Created 

### By: Recipients dc.gov PM Debbie Rabin drabin@mde.state.md. us

cecily.beall (Cecily Beall) deq.virginia.gov PM mdowd (Michael Dowd) epa.gov PM anderson.kathleen BC (Kathleen Anderson) amold.dave (David Arnold) PM Action Transferred

Transferred

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### Date & Time 1/29/2010 3:53:44

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1129/2010 3:53:54
1129/2010 3:53:54 5505.1.1 <amold.dave@epa.gov>: Recipient address rejected: User unknown in relay recipient table fernandez.cristina BC (Cristina Fernandez) frankford.harold BC (Hal Frankford) Powers.Marilyn BC (Marilyn Powers) spink.marcia BC (Marcia Spink) epamail.epa.gov PM Caprio.Amy BC (Amy Caprio) Cripps.Christopher BC (Chris Cripps) mde.state.md.us

POMAIL2.MDEDOM PM abianca CC (Angelo Bianca) PM bhug CC (Brian Hug) dfranks CC (Diane Franks) drabin BC (Debbie Rabin) PM fcourtright BC (Frank Courtright) Transferred l/29/2010 3:53:45

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gaburn CC (Tad Abum) kirons BC (Karen Irons) rmosier BC (Randy Mosier) mdp.state.md.us PM clearinghouse (Maryland Clearinghouse} ljaney CC (Linda Janey) state.de.us PM Ali
.Mirzakhalili (Ali Mirzakhalili) state.pa.us PM jeepps (Joyce Epps) wv.gov PM John.A.Benedict (John Benedict) 

### Post Office

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# - ---
Concealed Subject: Security: To Be Delivered: Status Tracking: 

### No Standard Immediate Delivered & Opened Page 3

### . 

# -Martin 0 \\la/lty Cowmor A11tho1!J C. Brown U. Golltmor

Ms. Deborah Rabin 

# i1DP ,waryk1nd

# Department of Planning

February 5, 2010
Regulations Coordinator, Air & Radiation Management Administration Maryland Department ofthe Environment Suite 730 1800 Washington Boulevard Baltimore, MD 21230 STATE CLEARINGHOUSE REVIEW PROCESS

State Application Identifier: MD20100202-0056 Ri t httrrl F.btrhart 1-f,t/1 Surttmy : \lallhtw ]. PoJII'fr Dtpii{Y 5mrtary

Project Description: Proposed Amendments to Air Quality Regulations: Opacity requirements for Fuel Burning Equipment; Municipal Waste Combustors; control ofemi ssions from Kraft Pulp Mills: NOx requirements for ICEs at natural gas pipeline compression stat ions and Portland Cement Manufacturing Plant cement kilns; C02 Budget Trading Program: Public Hearings March 3, 2010 Project Loc:ation: Maryland Clearinghouse Contact: Bob Rosenbush
a ear Ms. Rabin: Thank you for submitting your project for intergovernmental revi ew. Participation in the Maryland Intergovernmental Review and Coordination (MIRC) process helps ensure project consistency with plans, programs, and objectives of State agencies and local governments. Notice ofyour application is being provided to State and local public officials through the Intergovernmental Monitor. which is a weekly Internet publication identifying projects received by the State Clearinghouse for Intergovernmental Assistance. This document may be viewed at http ://www .mdp
.state.md.us/CLHOUSE/moni tor fy04
.htm. The project has been assigned a unique State Application Identifier that should be used on all documents and correspondence
. One form is enclosed with this letter
. The "Project Status Form" should be completed and returned after you receive notice that your project was approved or di sapproved
. All MIRC requirements have been met in accordance with Code ofMaryland Regulations (COMAR 34
.02.01
.04

- .06) and this concludes the review process for the above ref erenced project. Ifyou need assistance or have questions, contact the State Clearing house staffperson noted above at 410-767-4490 or through e-mail at brosenbush@mdp
.state.md.us. Thank you for your cooperation wi th the MIRC process.

LCJ :HR E

nclo sure cc: K athleen Blinebury

-E PA 0-0056

_NM.NEW.doc Sincerely,

·1 

# '- lv/,y-

- tl/c../ 

# L \ I

# )J~(-t I 

## J)tb/,- Linda C
. Janey, J.D
. , Assistant Secretary for Cleari nghouse and Communications

JO/**117~sl** Pmton 5/ml •S ui

t t 1101 • Balt i mort ,**Mt~ryland** 2 1201-2)05 Ttltphont : 410. 767. 4500 • Fax ·410.767 .4

480 • Toll Fm: 1
. 877
. 767.6272 • TTY Usm : M aryland &/try I nlmttl' Plannin ,g.l

tf

aryhnd.§Jv

### Statement ofthe Air and Radiation Management Administration Department ofthe Environment for the Public Hearing Relating to Proposed Amendments to COMAR 26.11.01 and COMAR 26.11.09 Concerning Fuel BurningEquipment that are Required to Demonstrate Compliance with Visible Emissions Requirements using COM Data held on March 3, 2010 Baltimore, MD My name is Diane Franks. I am the Program Manager ofthe Air Quality Planning Program ofthe Air and Radiation Management Administration, Department ofthe Environment.
This public hearing is being held pursuant to the requirements of40 CFR Section 51.102 and Sections 2-301 et. seq. ofthe Environment Article, Annotated Code ofMaryland. It is also being held in conformance with the State Administrative Procedures Act under the State Government Article, beginning at Section 1 0-1 01
. Notice ofthis hearing appeared in the: Maryland Register on January 29, 2010; MOE's website from January 26, 2010 to March 3, 2010; Baltimore Sun on January 29, 2010; Saint Mary's Enterprise on January 29, 2010 ; Cumberland Times-News on January 29, 2010; Frederick News-Post on January 29, 2010: Salisbury Daily Times on January 29, 2010; and the Washington Post on January 28 , 2010
. Copies ofthese notices were submitted for the record. Copies ofthis proposed action and supporting documents were made available for review by the State Clearinghouse and are also submitted at this time into the hearing record
. Copies were also made available for public inspection at the Air and Radiation Management Administration offices in Baltimore, Cumberland, and Salisbury, and at all local health departments or local air quality control offices. The purpose oftoday's hearing is to give the public an opportunity to comment on the proposed amendments to CO MAR 26.11
.01 and 26.11.09 related to fuel burning equipment that are required to demonstrate compliance with visible emissions requirements using COM data. 

### Summary The purpose ofthis action is to :

### 1. Amend COMAR 26.11.0 1.01 to clarify the definition of' 'Continuous Emission Monitor" (CEM} and add a definition for "Continuous Opacity Monitor" (COM}; 2. Amend Regulation 26.11.01.05 to clarify that submission oftest results, reports, or other information to the Department must be submitted to the Program Manager of the Air Quality Compliance Program and that all records and documentation must be maintained on-site and made available to the Department upon request; 3. Repeal existing Regulations 26.11.0 1.10 and .11 and adopt new Regulations .1 0 and .11 in order to clarify which requirements are for COMs and CEMs; 4. Discontinue the use ofTechnical Memorandum 90-01 ''Continuous Emission Monitoring (CEM} Policies and Procedures" for the fuel burning equipment except for Part II "Quality Assurance Requirements for Continuous Opacity Monitoring Systems". This Technical Memorandum 90-01 is incorporated by reference under**26.11.01.11~** 

### and 5. Amend COMAR 26.11.09.05 to: (a) Add new definitions for "Capacity factor" and "Operating time"; (b) Expand the regulation to include revised procedures for demonstrating compliance with visible emissions (VE} requirements for sources that are required to install COMs; (c) Add procedures that under certain conditions, allow fuel burning equipment with flue gas desulfurization (FGD) units to replace COMs with CEMs for particulate matter; and (d) Add enforcement procedures for COMs for fuel burning equipment. Sources Affected A number ofsource categories such as power plants, cement plants and incinerators are required to install CO Ms. These amendments affect fuel burning equipment of a certain size which covers boilers, furnaces, stationary internal combustion engines and stationary combustion turbines. Requirements The visible emissions standards applicable to these units remain unchanged. The amount oftime a source is exempt from the visible emissions standard has been reduced and the exceptions are noted here. Exceptions for start up, load changing and other activities have been eliminated. Baseload Units For 2010 and beyond, baseload units are allowed: 2% ofoperating time at greater than the applicable standards (10%or 20%) up to 40.0% opacity. Within the 2%, baseload units are allowed: 0.5% ofoperating time or 5 hours per quarter whichever is greater at 40.0-70.0% opacity; (4} six minute periods greater than 70.0% opacity except for coal fired units with ESP particulate**controls~** 

### Coal fired units with ESP particulate controls are allowed 2.2 hours per quarter above 70.0% opacity. Regardless ofthe quarterly allowances, the daily limit below must be met. 

### 2 J



### . 

# .

### Low Capacity Units Low capacity = 

### 25% capacity factor or less on a rolling average Units with less than 300 hours operating time per quarter are allowed 12 hours per quarter above the applicable standards (10%or 20%) up to 40.0% opacity; Units with greater than 300 hours operating time per quarter are allowed 20 hours per quarter above the applicable standards (10%or 20%) up to 40
.0% opacity.
Within the 12 and 20 hours, all low capacity units are allowed: 2
.2 hours per quarter at 40.0%-70
.0% opacity (4) six minute periods above 70.0% Regardless ofthe quarterly allowances, the daily limit below must be met. 

### Daily Limit for Both Baseload Units and Low Capacity Units A daily limit of4.1 hours above the standard including : 2.7 hours above the applicable standards (10%or 20%) up to 40.0% opacity and 1.2 hours at 40.0% up to 70
.0% opacity and (2) six minute periods above 70
.0% opacity In 2010, 9 ofthe 17 affected units will install S02 scrubbers. These scrubbers are expected to significantly further reduce particulate matter and opacity
. The owner oft hose units that install scrubbers will have the opportunity to demonstrate that the saturated plume from the scrubber interferes with accurate measurement ofVE and install a Continuous Emission Monitor (CEM) for particulate matter in place ofthe COM. If the CEM provides accurate measurement for particulate matter, the source may discontinue use ofthe COM and provide quarterly data for particulate matter emissions. 

### Maryland's State Implementation Plan (SIP) This action will be submitted to the U
.S. Environmental Protection Agency (EPA) for approval as part ofMaryland's State Implementation Plan
. 

### Consideration ofComments The Department will consider all comments before making a decision to adopt these amendments to COMAR 26.11
.01 and COMAR 26.11.09.

L:\AQPi annmg and Monitoring\Rcgulation Developm ent Division \CEMS & COMS\Hcaring Slatement\Hcaring Stmt- 26-11..01 & 26- 1 1..09 Opacity.doc



### 31 1 

### MARYLAND DEPARTMENT OF THE ENVIRONMENT 2 

### AIR AN D RAD I A TION MANAGEMEN T ADMINISTRATION 3 

### 4 5 

### PUBLIC HEARING 6 

### PROPOSED AMENDMENTS TO COMAR 26.11.01 AND 26.11.09 7 

### RE: FUEL BURNING EQUIPMENT THAT ARE REQU I RED TO 8 

### DEMONSTRATE COMPLIANCE WITH VISIBLE EMISSIONS 9 

### REQUIREMENTS USING COM DATA 10 11 12 The hea r ing i n the above matter commenced on 13 Wednesday, March 

### 3,
. 2 010, at the MDE Headquarters, 14 Montgomery Par k, 1800 Washington Boulevard, Baltimore, 15 Mar yland. 16 17 BEFORE: DEBORAH RABIN, Heari ng Office r 18 19 Reported by: Linda Metcalf 2 0 

### 2 1 

### Fo r The Record , Inc. (301) 870-8025- www .ftri nc.net- (800) 9 2 1-55552 1 

### A P P E A R A N C E S 2 

### 3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 

### 4 DEBORAH RABIN 5 Regulation Development Coordinator 6 Regulation Development Division

- ARMA 7 Maryland Department of the Environment 8 1800 Washington Boulevard, Suite 730 9 Baltimore, Maryland 21230 10 11 DIANE FRANKS 

### 1 2 Pr og r am Manager 13 Ai r Quality Planning Pr og ram 14 Air a nd Radi a t ion Manageme nt 

### 1 5 Maryland D e pa r tment o f the Environment 

### 16 1800 Wa s h i ngton B oulevar d 17 Baltimore, Ma r yland 21230 18 19 ALSO PRESENT: 2 0 Steve McLa i n, Panda- Bra n dywine 2 1 David Cr amer, Mirant 

### For The Record, Inc. (301} 870-8025- www.ftrinc.net- (800) 921-5555

# 0 3 1 INDEX 

### 2 3 

### Speaker: 4 

### Deborah Rabin, MOE 4 

### 5 

### Diane Franks, MOE 6 

### 6 7 8 

### 9 10 11 12 1 3 14 15 16 17 18 

### 19 20 21 

### For The Record, Inc. 

### (301) 870-8025- www.ftrinc
. net - 

### (800) 921-5555

# 0 4 1 PROCEEDINGS 2 

### 3 

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

### Department o f the Environment and the Air and Radiation 5 

### Management Administration, I would like to welcome you to 6 

### this public heari ng. 7 

### My name is Deborah Rabin and I am the 8 

### Regulation s C o ord in ator f or the A ir and Radiation 9 

### Management A dministration. I w i ll serve as heari ng 10 

### o ff icer f or today's hearing. 11 I woul d like to ask all of you in attendance 1 2 

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

### This will help us to keep an accur a te record of the 14 people who participate in the hearing. Also, copies of 1 5 

### our regulation proposal, support documents, and t he 16 

### Department's statement are available on the t able for 17 

### your information. 18 

### This hearing concerns Air Qua lity Regulations 19 

### found in the Code of Maryland Regulations, Title 26, 2 0 

### Subtitle 11, Air Quality. The Secretary of the 2 1 

### D e partment proposes to : 

## For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800} 921-5555

# · o 5 

### 1 (1) amend Regulations .01 and .05, repeal 2 existing Regulations .10 and .11 and adopt new 3 Regulat i ons .10 and .11 under COMAR 26.11.01, General 4 Administrative Provisions; and 5 (2) amend Regulation s .01 and .05 under COMAR 6 26.11.09, Control of Fuel-Burni ng Equipment, Stationary 7 Internal Combustion Eng i nes, and Certain Fuel-Burning 8 

### Installation s . 9 The pur pos e of thi s hear i ng is to give you the 10 opportuni t y to comment on thi s action. 11 The Oppo r tunity f or Public Comment for this 12 proposed action appeared in the**Maryla~d** 

### Register, Volume 13 37, Issue 3, Page 271 on January 29, 2010. 14 The hearing will proceed in the following 15 order. First, Diane Franks will make a statement on 16 behalf of the Air and Radiation Management 17 Administration. After Ms. Franks is finished, I will 18 call on any elected official or government official who 19 wants to make a statement. Then, I will call upon anyone 20 else who indicated on the sign-in sheet that he or she 21 would like to make a statement. 

### For The Record, Inc. (301) 870-8025 - www.ftrinc.net- (800) 921-5555

# 0 6 1 

### When giving your statement, please come up 2 

### front, identify yourself and your a f f iliation, and give 3 

### your statement loudly and clearly. Are there any 4 

### questions? 5 

### (No response}
. 6 

### MS. RABIN: I will now call on Diane Franks. 7 8 

### Statement of the Air and Radiation 9 Management Administration 10 Department of the Environment 

### 11 for the Public Hearing 1 2 Relating to Proposed Amendments to**CO~** 

### 26.11.01 and 1 3**co~** 

### 26.11.09 1 4 Concerning Fuel Burning Equipment that are Required to 1 5 Demonstrate Compliance with Vis1ble Emissions 1 6 Requirements using COM Data 17 held on March 3, 2010 1 8 Baltimore, MD 1 9 

### My name is Diane Franks. I am t he Program 20 

### Manager of the Air Quality Planning Program of the Ai r 2 1 

### and Radiation Management Admin i st r at i on, Department o f 

### For The Record, Inc
. (301) 870-8025- www.ftrinc.net- (800) 921-55557 1 

### the Environment. 2 

### This public hearing is being held pursuant to 3 

### the requirements of 40 CFR Section 51.102 and Sections 2- 4 

### 301 et. seq. of the Environment Article, Annotated Code 5 

### of Maryland. It is also being held in conformance**~ith** 

### 6 

### the State Administrative Procedures Act under the State 7 

### Government Article, beginning at Section 10-101. 8 

### Notice of this hearing appeared in the: 9 

### Maryland Register on January 29, 2010; MOE's website from 10 January 26, 2010 to March 3, 2010; the Baltimore Sun on 11 January 29, 2010; Saint Mary's Enterprise on January 29, 12 2010; Cumberland Times-News on January 29, 2010; 13 Frederick News-Post on January 29, 2010; Salisbury Daily 14 Times on January 29, 2010; and the Washington Post on 15 January 28, 2010. 16 Copies of these notices were submitted for the 17 record. 18 Copies of this proposed action and supporting 19 documents we r e made ava i lable for review by the State 20 Clearinghouse and are also submitted at this time into 21 the hearing record. Copies were also made available for 

## For The Record, Inc. (301) 870-8025- www.ftrinc.net- 

### (800) 921-5555

# 0 1 2 3 4 

### 5 6 7 8 

### 9 10 11 12 13 14 15 16 17 18 19 20 21 8 

### public i nspect i on at the A i r and Rad i ation Management Administration offices in Baltimore, Cumberland, and Salisbury,

_ and at a ll local health departments or local
a i r 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 and 2 6.11.09 r elated to f uel burni ng equipment th a t a re requ i r e d to demonstrate compl iance with vis i ble emi ssions requirements using continuous opacity monitoring data. Summary 

### The purpose of th is action is to: 1. Amend COMAR 26.11.01.01 to clarify the de f inition o f "Continuous E m

iss ion Monitorn (CEM) and add
a de f in it ion f or "Continuous Opac i ty Monitorn (COM); 2. Ame nd Regulat io n 2 6.11.01.05 to clarify t hat submi s s ion of te st re s ults, r eports, or other i n f ormat i on t o t he Depart m ent must be submitted to the I 

## ..

Program Manager o f the Ai r Qua lity Compliance Program and that all records and docume nt a t i on must be maintained onsite and made available to the Department upon request; 

## For The Record, Inc. (301) 870-8025 - www .ftrinc
. net- (800) 921-55559 1 

### 3. Repeal existing Regulations 26.11.01.10 and 2 

### .11 and adopt new Regulations .10 and .11 in order to 3 

### clarify which requirements are for continuous opacity 4 

### monitors and continuos emission monitors; 5 

### 4. Discontinue the use of Technical Memorandum 6 

### 90-01 "Continuous Emission Monitoring (CEM)Policies and 7 

### Procedures" for the fuel burning equipment except for 8 

### Part II "Quality Assurance Requirements for Continuous 9 

### Opacity Monitoring Systems". This Technical Memorandum 10 90-01 is incorporated by reference under 26.11.01.11; and 11 5. Amend COMAR 26.11.09.05 to: 12 (a) Add new definitions for "Capacity 13 

### factor" and "Operating time"; 14 

### (b) Expand the regulation to incl ude 15 revised procedures for demonstrating compli ance with 16 visible emission requirements for sources that are 17 required to install COMs; 18 

### (c ) Add procedures that under ce r t a in 19 

### conditions allow fuel burning equipment with f lue g a s 20 desulfurization units to replace continuous opacity 21 monitors with continuous emission monitors for 

## For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800) 921-5555

# 0 1 0 1 

### particulate matter; and 2 (d) Add en f orcement procedures for 3 

### continuous opacity monito r s f or f uel burning equipment. 4 

### Sources Affected 

### 5 

### A number of source categories such as power 6 

### plants, cement plants and incinerators are required to 7 

### i n s t a ll continuous opac i ty mon i tors . These amendments 8 aff ect fue l burni ng equipment of a c e rtain size which 9 

### cove r s boilers, f urn aces , stat i ona ry internal combustion 10 engines and stationary combust i on turbines. 11 Requireme nts 12 The visible emissions standards applicable to 13 these units r emain 'unchanged. The amount of time a 14 source is exempt from the visible emissions standard ' has 15 

### been reduced and the exceptions are noted here. 16 

### Exceptions f or start up, load chang i ng and other 17 activi ti e s ha ve been eliminated. 18 B aseload Units 19 For 2010 and beyond, b as eload units are 20 allowed: 21 2 % o f ope r ating time at greater than the 

## For The Record, Inc. (301) 870-8025 - www.ftrinc
. net- (800) 921-5555

### 11 1 applicable standards (10% or 20%) up to 40.0 % opacity. 2 Within the 2%, baseload units are allowed: 3 0.5% of operating time or 5 hours per quarter 4 whichever is greater at 40.0-70.0% opacity; 5 (4) six minute periods greater than 70.0% 6 o p acity except for coal fired units with ESP particulate 7 c o ntrols; 8 Co al fired units with ESP particulate controls 9 are allowed 2.2 hours per quarter above 70.0% opacity. 10 Regardless of the quarterly allowances, the daily limit 11 below must be met. 12 Low Capacity Units 

### 13 Low capac i ty 

### = 25% capacity factor or less on a 14 rolling average. 15 Units with less than 300 hours operating time 16 per quarter are a l lowed 12 hours per quarter above the 17 applicable standar ds (10% or 20%) up to 40.0 % opacity; 18 units with greater t han 300 hours operating t ime per 19 quarter are allowed 20 hours per quarter above t he 2 0 applicable standards (10 % or 20%) up to 40.0% opac i ty. 21 Within the 12 and 20 hours, all low capacity 

### For The Record, Inc. 

### {301) 870 -8025- www .ftrinc
. net- 

### (800) 921-5555

### 12 1 units are allowed: 2 2.2 hours per quarter at 40.0%-70.0% opacity 3 (4) six minute periods above 70.0% 4 Regardless of the quarterly allowances, the 5 daily limit below must be met. 

### 6 Daily**L~it** 

### for Both Baseload Units and Low Capacity 7 Units 8 A daily limit of 4.1 hours above the standard 9 including: 10 2.7 hours above the applicable standards (10% 11 or 20 %) up to 40.0% opacity and 1.2 hours at 40.0% up to 12 70.0 % opaci ty and 13 ( 2 ) six minute pe ri ods a bove 70.0 % opacity 14 In 2010, 9 o f the 1 7 affected units will 15 install S02 scrubbers. The s e sc r ubbe rs are expected to 16 signi fi c a ntly further reduc e pa r t i culate matter and 17 opacity. 18 The owner of those units that install scrubbers 19 will have the opportunity to demonstrate that the 20 satu r ated plume from the scrubber interferes with 21 accur ate measurement of visible emissions and install a 

## For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800) 921-5555

### 13 1 

### continuous emission monitor (CEM) for particulate matter 2 

### in place of the continuous opacity monitor. If the CEM 3 

### provides accurate measurement for particulate matter, the 4 

### source may discontinue use of the continuous opacity 5 

### monitor and provide quarterly data for particulate matter 6 

### emissions. 7 

### Maryland's State Implementation Plan (SIP) B 

### This action will be submitted to the U.S. 9 

### Environmental Protection Agency for approval as part of 10 Maryland's State Implementation Plan. 11 

### Consideration of Comments 

### 12 The Department will consider all comments 13 

### before making a decision to adopt these amendments to 

### 14 COMAR 26.11.01 and COMAR 26.11
. 09. 

### 15 16 MS. RABIN: Would anyone l i ke to comment on 17 

### this proposed action? 18 

### (No response)
. 19 MS. RABIN: Please let the record show that no 20 one has commented on this proposed a ction. 2 1 This will conclude the public hearing regarding 

### For The Record, Inc. (30 1) 870-8025 - www.ftrinc.net- {800) 921-5555

### 14 1 proposed amendments to COMAR 26.11.01 and 26.11.09 2 concerning opacity requirements. Let the record reflect 3 that it is now 10:21, and this hearing is officially 4 concluded. 5 (Whereupon, the hearing was concluded)
. 6 7 

### 8 9 

### 10 11 12 13 14 

### 15 16 17 18 19 20 21 

### For The Record, Inc. (301) 870-8025- www.ftrinc.net- 

### {800) 921-5555

### 1 5 1 

### CERTIFICATE OF COURT R EPORTER 2 3 I, Li nda Metcalf, do hereby certify that the 4 foregoing transcript i on was reduced to typewriting via 5 audiotapes r ecorded by me; that I am neither counsel for, 6 nor related to, nor employed by any of the parties to the 7 cas e in which these proceed i ng s were transcribed; that I 8 am no t a rela t ive o r e mployee o f a ny attorney or counsel 9 employed by the parties h eret o, n or f inancially or 10 otherwise i nterested in t he out come of the action. 

### 11 12 

### 13 14 

### 15 16 

### LINDA METCAL F 17 Court Reporter 

### 18 19 20 21 

### For The Record, Inc. 

### (301) 870-8025- www.ftri nc.net- 

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### M OE

Name

(please print) 

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### MARYLAND DEPARTMENT OF THE ENVIRONMENT AIR AND RADIATION MANAGEMENT ADMINISTRATION PUBLIC HEARING ON REGULATIONS/AMENDMENTS Date: March 3, 2010 Signature Street Address City/State/ Zip Code Organization or Affiliation 

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