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### 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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### 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 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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### 3 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 17 

### 18 19 20 21 

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### ftrinc.net- (800) 921-55551 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 

### ForThe Record, Inc. (301) 870-8025 -www.ftrinc.net- (800) 921-55555 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 of the Air and Radiation Management 14 Administration. A fter Ms. R abin i s finished, I will call 15 on any elected official or government official who wants 16 to make a statement. Then, I wi ll call upon anyone else 17 who indicated on the sign-i n sheet that he or she would 18 like to make a st atement. 19 When giving your statement, please identify 20 yourself and your affiliation, and give your statement 21 loudly and clearly. Are there any questions?

ForThe Record, Inc. (301) 870-8025- www.ftrinc.net- (800) 921-55556 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 the Regulations 19 Coordinator for the Air and Radiation Management 20 Administration, Department of the Environment. 21 This public hearing is being held pursuant to

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### 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 P rocedures Act under the State 5 

### Government Article, beginning at Section 10-101. 6 

### Notice of this hearing appeared in the: 7 

### Maryland Register on January 14, 2011;MDE's website from 8 

### January 11, 2011 through February 16, 2011; Baltimore Sun 9 

### on January 14, 2011; Washington Post on January 13, 2011; 10 and the St. Mary's Enterprise on January 14, 2011. 11 Copies of these notices were submitted for the record. 12 Copies of 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 ForThe Record, Inc

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- .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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### 9 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 incorporated 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 fuel 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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.net- (800) 921 -555510 1 procedures, as found in Part II of 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 this 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.) 19 

### 20 21

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### 11 1 

### CERTIFICATE OF COURT R EPORTER 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 16 

### LINDA M E

TCALF 17 

### Court R eporter 18 19 20 21 

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