lb!~JJ\l. 1 

1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION 

3 

4 

5 PUBLIC HEARING 

6 

7 REPEAL OF THE SMALL BUSINESS POLLUTION COMPLIANCE 

8 LOAN PROGRAM UNDER COMAR 26.11.31 AND 

9 ADOPTION OF NEW COMAR 26.11.31 QUALITY ASSURANCE 

10 REQUIREMENTS FOR CONTINUOUS OPACITY MONITORS (COMS) 

11 

12 

13 

14 The hearing in the above matter commenced on 

15 Tuesday, February 15, 2011, at the MDE Headquarters, 

16 Montgomery Park, 1800 Washington Boulevard, Baltimore, 

17 Maryland. 

18 

19 BEFORE: DEBORAH RABIN, Hearing Officer 

20 

21 Reported by: Linda Metcalf 

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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 KATHLEEN PERRY 

6 Legislative Coordinator 

7 Regulation Development Division 

8 Air and Radiation Management 

9 Maryland Department of the Environment 

10 1800 Washington Boulevard 

11 Baltimore, Maryland 21230 

12 

13 DEBORAH RABIN 

14 Regulation Development Coordinator 

15 Regulation Development Division - ARMA 

16 Maryland Department of the Environment 

17 1800 Washington Boulevard, Suite 730 

18 Baltimore, Maryland 21230 

19 

20 

21 

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1 I.NDEX 

2 

3 Speaker: Page : 

4 Katherine Perry, MDE 4 

5 Deborah Rabin, MDE 6 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

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

2 

3 MS. PERRY: Good morning. On behalf of the 

4 Department of the Environment and the Air and Radiation 

5 Management Administration, I would like to welcome you to 

6 this public hearing. 

7 My name is Kathleen Perry and I am the 

8 Legislative Coordinator for the Air and Radiation 

9 Management Administration. I will serve as hearing 

10 officer for today's hearing. 

11 I would like to ask all of you in attendance 

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

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

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

15 our regulation proposal, support documents, and the 

16 Department's statement are available on the table for 

17 your information. 

18 This hearing concerns regulations found in the 

19 Code of Maryland Regulations, Title 26, Subtiile 11, Air 

20 Quality. The Secretary of the Department proposes to: 

21 (1} repeal Regulations .01 - .15 under COMAR 

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1 26.11.31, Small Business Pollution Compliance Loan 

2 Program; and 

3 (2) adopt new Regulations .01 - .12 under a 

4 new chapter, COMAR 26.11.31, Quality Assurance 

5 Requirements for Continuous Opacity Monitors (COMs). 

6 The purpose of this hearing is to give you the 

7 opportunity to comment on this action. 

8 The Opportunity for Public Comment for this 

9 proposed action appeared in the Maryland Register, Volume 

10 38, Issue 2, Page 121 on January 14, 2011. 

11 The hearing will proceed in the following 

12 order. First, Deborah Rabin will make a statement on 

13 behalf o f the Air and Radi ati on Management 

14 Administra t ion. Af ter Ms. Ra bin i s finished, I will call 

15 on any elected o fficial or government official who wants 

16 to make a statement. Then, I wi ll call upon anyone else 

17 who indicated on t he sign-i n s heet that he or she would 

18 like to make a st atement. 

19 When giving your statement, please identify 

20 yourself and your a f filiation, and give your statement 

21 loudly and clearly. Are there any questions? 

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1 (No response.) 

2 MS. PERRY: I will now call on Ms. Rabin. 

3 MS. RABIN: My name is Deborah Rabin. I am the 

4 Regulations Coordinator for the Air and Radiation 

5 Management Administration, Department of the Environment. 

6 I would like to enter my hearing statement into the 

7 record. 

8 

9 Statement of the Air and Radiation 

10 Management Administration 

11 Department of the Environment 

12 for the Public Hearing 

13 Relating to Proposed new Regulations .01 - .12 under a 

14 new chapter, COMAR 26.11.31 Quality Assurance 

15 Requirements for Continuous Opacity MOnitors (CONS) 

16 held on February 15, 2011 

17 Baltimore, MD 

18 My name is Deborah Rabin. I am t he Regulations 

19 Coordinator f or the Air and Radiation Management 

20 Administration, Department of the Environment. 

21 This public hearing is being held pursuant to 

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1 the requirements o f 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 Pr ocedures Act under the State 

5 Government Article, beginni ng at Section 10-101. 

6 Noti ce of this heari ng appeared in the: 

7 Maryland Register on January 14, 2011;MDE's website from 

8 January 11, 2011 thr ough February 16, 2011; Baltimore Sun 

9 on January 14, 2011; Wa s hi ngton Post on January 13, 2011; 

10 and the St. Mary's Enter pr ise on January 14, 2011. 

11 Copies o f these notices we r e submitted for the record. 

12 Copies o f this proposed action and supporting 

13 documents were made available for review by the State 

14 Clearinghouse and are also submitted at this time into 

15 the hearing record. Copies were also made available for 

16 public inspection at the Air and Radiation Management 

17 Administration offices in Baltimore, Cumberland, and 

18 Salisbury, and at all local health departments or local 

19 air quality control offices. 

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

21 public an opportunity to comment on proposed new 

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1 Regulations .01 - .12 under a new chapter, COMAR 26.11.31 

2 Quality Assurance Requirements for Continuous Opacity 

3 Monitors (COMs). 

4 Summary 

5 The purpose of this action is to: 

6 (1) Repeal the current regulations under COMAR 

7 26.11.31 to reflect the repeal of the Small Business 

8 Pollution Compliance Loan Fund effective October 1, 2009 

9 (House Bill 1416); and 

10 (2) Codify the quality assurance (QA) and 

11 quality control (QC) procedures for continuous opacity 

12 monitors (COMs). The procedures are currently contained 

13 in the Department's Technical Memorandum 90-01 (TM). 

14 This action will be submitted to the U.S. 

15 Environmental Protection Agency (EPA) for approval as 

16 part of Maryland's State Implementation Plan. 

17 Background 

18 TM 90-01 was adopted in 1991 when continuous 

19 emissions monitoring requirements were first promulgated 

20 by the State. Those regulations were approved as part of 

21 the Department's continuous emission monitoring program 

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1 by the EPA on February 28, 1996. It is now necessary to 

2 promulgate a regulation codifying the QA and QC 

3 procedures found in the TM because the Department 

4 proposes to terminate its use. Specifically, the QA and 

5 QC procedures for COMs which are currently applied 

6 through use of the TM will be incor porated in this new 

7 chapter, COMAR 26.11.31. 

8 These proposed regulations incorporate by 

9 reference the current federal performance and design 

10 specification requirements for the operation of opacity 

11 monitoring systems. To the extent that the EPA adopts 

12 revised requirements in the future, the Department will 

13 review those federal procedures and consider amendment of 

14 its regulations to adopt and incorporate any federal QA 

15 and QC procedures. 

16 Sources Affected and Location 

17 This action affects any source required to 

18 install and operate COMs, including f uel burning 

19 equipment with a heat input capacity of 100 million Btu 

20 per hour, cement plants and municipal waste combustors. 

21 These sources currently utilize the proposed QA and QC 

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1 procedures, as found in Part II o f TM 90-01. 

2 Consideration of Comments 

3 The Department will consider all comments 

4 before making a decision to adopt these new regulations. 

5 

6 MS. PERRY: Thank you, Ms. Rabin. Are there 

7 any comments? 

8 (No response.) 

9 MS. PERRY: Please let the record reflect that 

10 nobody has shown up to comment on t his notice of proposed 

11 action. This will conclude the public hearing regarding 

12 repeal of the Small Business Pollution Compliance Loan 

13 Program under COMAR 26.11.31 and adoption of new COMAR 

14 26.11.31, Quality Assurance Requirements for Continuous 

15 Opacity Monitors (COMs). 

16 Let the record reflect that it is now 11:30 and 

17 this hearing is officially concluded. 

18 (Whereupon, the hearinq was conc1uded.) 

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20 

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1 CERTIFICATE OF COURT REPORTER 

2 

3 I, Linda Metcalf, do hereby certify that the 

4 foregoing transcription was reduced to typewriting vi a 

5 audiotapes recorded by me; that I am neither counsel f or, 

6 nor related to, nor employed by any o f the parti es to the 

7 case in which these proceedings were t ranscribed; that I 

8 am not a relative or employee o f any a ttorney or counse l 

9 employed by the parties hereto, nor f i nancially or 

10 otherwise interested in the outcome o f t he action. 

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15 

1 6 LINDA METCALF 

17 Court Reporter 

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