# MDE MARYLAND DEPARTMENT OF THE ENVIRONMENT 1 800 Washington Boulevard • Baltimore MD 21230 410-537-3000 • 1-800-633-6101 • www.mde.state.md.us

Martin O'Malley Governor Robert M. Summers, Ph.D

. Anthony G. Brown Lieutenant Governor



### January 23, 2013

Mr

. Shawn M. Garvin Regional Administrator (3RAOO) U

. S. Environmental Protection Agency Region Ill 1650 Arch Street Philadelphia PA 19103-2029 Dear Mr. Garvin: The purpose of this letter is to subm i t the enclosed State Implementation Plan (SIP) Secretary



### Revision# 12-10 concerning correction of an unintended consequence of a recent amendment to COMAR 26.11.01.01.The amendment to the definition of a NESHAP source that became effect i ve on March 5, 2012 expanded the universe of sources required to obtain a permit to construct under COMAR 26.11.02.09. This SIP Revision includes amendments to Regulation

. 09 under COMAR 26.11.02 Permits, Approvals, and Registration. The Notice of Proposed Action was published in the Maryland Register on August 10, 2012

. A public hearing was held on September 12, 2012. The action was adopted on November 9, 2012. The Notice of Final Action was published on December 14, 2012 and the action became effective on December 24, 2012. All administrative procedures were properly followed throughout the adoption process. I certify that the electronic copy of this SIP submittal (compact disk enclosed) is an exact duplicate of the official hard copy. If you have any questions concerning this SIP action, please feel free to call me at (41 0) 537-3084 or Mr

. George (Tad) S. Aburn, Jr

. , Director of the Air and Radiation Management Administration, at (410)
- 537-3255

. Sincerely,

# #~~ Robert M. Summers, Ph.D. Secretary Enclosure**~** Recycled Paper 

### www. mde.state.md.us TIY Users 1-800-735-2258 Via Maryland Relay Service

# MARYLAND

STATE IMPLEMENTATION PLAN REVISION # 12 - 10

Amendments to Regulation .09 under COMAR 26.11.02 Permits, Approvals, and Registration

Prepared by:



# MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard • 

## Baltimore MD 21230 410-537-3000 • 

## 1-800-633-6101 • 

## www.mde.state.md.us

# 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 

# Amendment to COMAR 26.11.02.09 regarding Permits to Construct Requirements Purpose of this Amendment The primary purpose of this amendment is to correct an unintended consequence of a recent amendment to COMAR 26.11.01.01. The amendment to the definition of a NESHAP source that became effective on March 5, 2012 expands the univ erse of sources required to obtain a permit to construct under COMAR 26.11.02.09. Submission to EPA as Revision to Maryland' s SIP (or 111(d) Plan, or Title V Program) This action will be submitted to the U.S. Envi ronmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. Background COMAR 26.11.02.09A(4) requires a ll NESHAP sources as defined in COMAR 26.11.01.01 to obtain a permit to construct. With the recent change to the definition (effective on March 5, 2012), now all MACT sources ( a su bset of NESHAP sources) , including all of the numerous Maximum Achievable Control Technology (MACT) area sources will be required to obtain a permit to construct. Prior to the revisi on of the NESHAP definition under 26.11.01.01, some MACT area sources were exempt from the permit to construct requirement because they met the criteria for COMAR 26.11.02.10 Sources Exempt fr om Permits to Construct and Approvals. The Department desires to keep these exemptions. The exempted sources have minimal emissions of air pollutants and negligible enviro nmental impact which is the reason that they qualified for the exemption under COMAR 26.11.02.10. All sources (including NESHAP sources) not otherwise exempt under COMAR 26 .11.02.10 will be required to obtain a permit to construct. Sources Affected and Location Sources across the State that are affected by a MACT area source category. Examples are internal combustion engines with a design capacity of less than 500 bhp (i.e. emergency electric generators rated less than 373 kW) and a myri ad of small miscellaneous metal coating operations. Requirements This amendment restores the permit to construct exemptions under COMAR 26.11.02.10 for applicable MACT area sources that existed prio r to the revision of the definition of "NESHAP source" under COMAR 26.11.01.01 that be came effective on March 5, 2012.

1

## 2 Expected Emissions Reductions No emissions reductions will result from this amendment because it merely updates a citation. Economic Impact on Affected Sources, th e Department, other State Agencies, Local Government, other Industries or Trade Groups, the Public Without this amendment, the unintended consequence of the revised definition of NESHAP source will impact businesses that are now require d to obtain a permit to construct for sources which previously were exempted. Economic Impact on Small Businesses Without this amendment, the unintended consequence of the revised definition of NESHAP source will impact small businesses. Most MACT area sources are small businesses. Is there an Equivalent Federal Standard to this Proposed Regulatory Action? No.PROPOSED ACTION ON REGULATIONS

1118

MARYLAND REGISTER, VOLUME 39, ISSUE 16, FRIDAY, AUGUST 10, 2012

Statement of Purpose The purpose of this action is to clarify that a regulated lobbyist must report the l obbyist ‘ s activity to the State Ethics Commission each reporting period that the lobbyist is registered, regardless of whether the lobbyist had any activity during the reporting period. This proposal codifies longstanding Commission interpretation of the r eporting requirement.

Comparison to Federal Standards There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact The proposed action has no economic impact.

Economic Impact on Small Businesses The proposed action has mi nimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment Comments may be sent to Jennifer K. Allgair, General Counsel, State Ethics Commission, 45 Calvert Street, 3rd Floor, Annapolis, Maryland 21401, or call (410) 260

- 7770, or email to jallgair@gov.state.md.us, or fax to 410

- 260

- 7747. Comments will be accepted through September 10, 2012. A public hearing has not been scheduled. .07 Reports. A. Lobbying Activity Reporting Requirements. (1) Activity Reports Required. (a) A regulated lobbyist shall file with the Ethics Commission a separate report for each registration [ concerning ] disclosing the regulated lobbyist ‘ s lobbying acti vities. (b) A regulated lobbyist who has no lobbying activity related to an employer specified on a registration during a reporting period shall file a report with the Commission disclosing the lack of activity. (2) (text unchanged) (3) (text unchanged) B.

— F. (text unchanged) MICHAEL LORD Executive Director State Ethics Commission 

# Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 11 AIR QUALITY 26.11.02 Permits, Approvals, and Registration Authority: Environment Article, §§1

- 101, 1

- 404, 2

- 101

— 2

- 103, 2

- 301

— 2

-

303, and 2

- 401

— 2

- 404, Annotated Code of Maryland

Notice of Proposed Action

[12

- 196

- P] The Secretary of the Environment proposes to amend Regulation .09 under COMAR 26.11.02 Permits, Approvals, and Registration

. Statement of Purpose The purpose of this action is to correct an unintended consequence of a recent amendment to COMAR 26.11.01.01. The amendmen t to the definition of a NESHAP source that became effective on March 5, 2012, expands the universe of sources required to obtain a permit to construct under COMAR 26.11.02.09. This action will be submitted to the U.S. Environmental Protection Agency (EPA ) for approval as part of Maryland ‘ s State Implementation Plan. Background COMAR 26.11.02.09A(4) requires all NESHAP sources as defined in COMAR 26.11.01.01 to obtain a permit to construct. With the recent change to the definition (effective on March 5, 2 012), now all MACT sources ( a subset of NESHAP sources) , including all of the numerous Maximum Achievable Control Technology (MACT) area sources will be required to obtain a permit to construct. Prior to the revision of the NESHAP definition under 26.11. 01.01, some MACT area sources were exempt from the permit to construct requirement because they met the criteria for COMAR 26.11.02.10 Sources Exempt from Permits to Construct and Approvals. The Department desires to keep these exemptions. The exempted sou rces have minimal emissions of air pollutants and negligible environmental impact which is the reason that they qualified for the exemption under COMAR 26.11.02.10. All sources (including NESHAP sources) not otherwise exempt under COMAR 26.11.02.10 will be required to obtain a permit to construct. Sources Affected and Location Sources across the State that are affected by a MACT area source category. Examples are internal combustion engines with a design capacity of less than 500 bhp (i.e., emergency ele ctric generators rated less than 373 kW) and a myriad of small miscellaneous metal coating operations. Requirements This amendment restores the permit to construct exemptions under COMAR 26.11.02.10 for applicable MACT area sources that existed prior to the revision of the definition of ― NESHAP source ‖ under COMAR 26.11.01.01 that became effective on March 5, 2012. Expected Emissions Reductions No emissions reductions will result from this amendment because it merely updates a citation.

Comparison to Fede ral Standards There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact I. Summary of Economic Impact. Without this amendment, the unintended consequence of the revised definition of NESHAP source will require business es to obtain a permit to construct for sources which previously were exempted. Revenue (R+/R

- ) II. Types of Economic Impact. Expenditure (E+/E

- ) Magnitude A. On issuing agency: NONE B. On other State agencies: NONE C. On local governmen ts: NONE Benefit (+) Cost (

- ) Magnitude D. On regulated industries or trade groups: (+) IndeterminablePROPOSED ACTION ON REGULATIONS 1119

MARYLAND REGISTER, V OLUME 39, ISSUE 16, FRIDAY, AUGUST 10, 2012 E. On other industries or trade groups: NONE F. Direct and indirect effects on public: NONE III. Assumptions. (Identified by Impact Letter and Number from Section II.) D. Without this amendment, the unintended consequence of the revised definition of NESHAP source will require businesses to obtain a permit to construct for sources which previously were exempted. Economic Impact on S mall Businesses The proposed action has minimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment The Department of the Envi ronment will hold a public hearing on the proposed action on September 12, 2012, 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 atten d 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 drabi n@mde.state.md.us. Comments must be received not later than September 12, 2012, 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 t he 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 c ontrol 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. .09 Sources Subj ect to Permits to Construct and Approvals. A. A person may not construct or modify or cause to be constructed or modified any of the following sources without first obtaining, and having in current effect, the specified permits to construct and approvals: (1)

— (3) (text unchanged) (4) National Emission Standards for Hazardous Air Pollutants Source (NESHAP source), as defined at COMAR [ 26.11.01.01 ] 26.11.01.01B(21)(a)

— permit to construct required, except for generating stations constructed by electric c ompanies; (5)

— (6) (text unchanged) B.

— D. (text unchanged) ROBERT M. SUMMERS, Ph.D. Secretary of the Environment 

## Subtitle 11 AIR QUALITY 26.11.08 Control of Incinerators Authority: Environment Article, §§1

- 1 01, 1

- 404, 2

- 101

— 2

- 103, 2

- 301

— 2

- 303, 2

- 406, 10

- 102, and 10

- 103, Annotated Code of Maryland

Notice of Proposed Action

[12

- 198

- P] The Secretary of the Environment proposes to amend Regulation .08 - 2 under COMAR 26.11.08 Control of Incinerators

.

Statement of Purpose The purpose of this action is to amend the requirements pertaining to the compliance schedule for hospital, medical, infectious and medical waste incinerators (HMIWI) that are required to comply with COMAR 26.11.08.08

- 2. Based on testing and analy sis conducted by affected sources, flexibility in meeting the interim compliance dates is needed to better accomplish and optimize the required level of control and achieve compliance by October 6, 2014. The type of technologies being explored require freq uent modifications and adjustments before they can perform at optimal level. While the results show that compliance with the compliance date is feasible, the interim dates may deter the research and development of compliance options. The proposed amendment allows a source to propose and follow an alternate plan and schedule for meeting the October 6, 2014 compliance date. This action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland ‘ s 111(d) Plan. Backgr ound EPA is required to develop and adopt new source performance standards (NSPS) and EG for solid waste incineration units pursuant to CAA Sections 111 and 129. New sources (NSPS program) are regulated under Sections 111(b) and 129(a) of the CAA. Existing sources are regulated under Sections 111(d) and 129(b) of the CAA. The NSPS are directly enforceable Federal regulations, and under CAA Section 129(f)(1) become effective 6 months after promulgation. Under CAA Section 129(f)(2), the EG become effective an d enforceable as expeditiously as practicable after EPA approves a State plan implementing the EG but no later than 3 years after such approval or 5 years after the date the EG are promulgated, whichever is earlier. Hospital waste consists of discards gene rated at a hospital, and medical/infectious waste is generated in the diagnosis, treatment, or immunization of human beings or animals, in research, or in the production or testing of biologicals. Household or hazardous waste, or human and animal remains n ot generated as medical waste are not included. Maximum achievable control technology standards for existing HMIWI are set in EG for particulate matter (PM); heavy metals, including lead (Pb), cadmium (Cd), and mercury (Hg); toxic organics, including chlo rinated dibenzo

- p - dioxins/ dibenzofurans (CDD/CDF); carbon monoxide (CO); nitrogen oxides (NO X ); and acid gases, including hydrogen chloride (HCl) and sulfur dioxide (SO 2 ). Affected Sources and Location The proposed amendments affect HMIWIs in Maryland. Requirements The proposed amendments require HMIWIs in Maryland to submit to the Department an alternative compliance plan that meets the requirements of the regulation by no later than October 6, 2014.FINAL ACTION ON R EGULATIONS 1615

MARYLAND REGISTER, VOLUME 39, ISSUE 25, FRIDAY, DECEMBER 14, 2012 for adoption in 39:18 Md. R. 1211

— 1212 (September 7, 2012), has been adopted as propose d. Effective Date: December 24, 2012. JOHN T. KUO Administrator Motor Vehicle Administration 

# Title 14 INDEPENDENT AGENCIES Subtitle 01 STATE LOTTERY AGENCY 14.01.14 Video Lottery Facility Minimum Internal Control Standards Authority: State Government Article, §9

- 1A

- 04, Annotated Code of Maryland

Notice of Final Action [12

- 264

- F] On Nov ember 19, 2012, the Maryland State Lottery Agency adopted amendments to Regulations .04 , .08 , .37 , .38 , and .45 and new Regulation .50 under COMAR 14.01.14 Video Lottery Facility Minimum Internal Control Standards . This action, which was proposed for adopt ion in 39:20 Md. R. 1343

— 1344 (October 5, 2012), has been adopted as proposed. Effective Date: December 24, 2012. STEPHEN L. MARTINO Director State Lottery Agency 

# Title 15 DEPARTMENT OF AGRICULTURE Subtitle 01 OFFICE OF THE SECRETARY 15.01.05 Cost Sharing ― Water Pollution Control Program Authority: Agriculture Article, §§2

- 103, 8

- 703, 8

- 704, and 8

- 803.1, Annotated

Code of Maryland; Ch. 306, Acts of 1982 (Uncodified)

Notice of Final Action [12

- 279

- F] On December 4, 2012, the Secretaries of Agriculture and the Environment jointly adopted amendments to Regulations .02 , .09 , and .10 under C OMAR 15.01.05 Cost Sharing ― Water Pollution Control Program . This action, which was proposed for adoption in 39:21 Md. R. 1397 ― 1398 (October 19, 2012), has been adopted as proposed. Effective Date: December 24, 2012. EARL F. HANCE Secretary of Agricult ure ROBERT M. SUMMERS, Ph.D. Secretary of the Environment 

## Subtitle 07 APIARY INSPECTION Notice of Final Action [12

- 287

- F] On December 4, 2012, the Secretary of Agriculture adopted: (1) New Regulations .08 and .09 under COMAR 15.07.01 General Regulations ; and (2) The repeal of existing Regulations .01 ― .09 under COMAR 15.07.02 Varroa Mite Control for Bees Transported Into or Through Maryland

. This action, which was proposed for adoption in 39:21 Md. R. 1398

— 1399 (October 19, 2012), has been adopted as proposed. Effective Date: December 24, 2012. EARL F. HANCE Secretary of Agriculture 

# Title 17 DEPARTMENT OF BUDGET AND MANAGEMENT Subtitle 04 PERSONNEL SERVICES

AND BENEFITS 17.04.04 Separations, Reemployment, and Reinstatement Authority: State Personnel and Pensions Article § §2

- 801, 4

- 106 , and Title 11,

Annotated Code of Maryland Notice of Final Action [12

- 262

- F] On November 26, 2012, the Secretary of Budget and Management adopted amendments to Regulation .04 under COMAR 17.04.04 Separations, Reemployment, and Reinstatement . This act ion, which was proposed for adoption in 39:20 Md. R. 1345 (October 5, 2012), has been adopted as proposed. Effective Date: December 24, 2012. T. ELOISE FOSTER Secretary of Budget and Management 

# Tit le 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 11 AIR QUALITY 26.11.02 Permits, Approvals, and Registration Authority: Environment Article, §§1

- 101, 1

- 404, 2

- 101

— 2

- 1 03, 2

- 301

— 2

-

303, and 2

- 401

— 2

- 404, Annotated Code of Maryland

Notice of Final Action [12

- 196

- F] On November 9, 2012, the Secretary of the Environment adopted amendments to Regulation .09 under COMAR 26.11.02 Permits, Approvals, and Registration

.FINAL ACTION ON REGULATIONS

1616

MARYLAND REGISTER, VOLUME 39, ISSUE 25, FRIDAY, DEC EMBER 14, 2012 This acti on, which was proposed for adoption in 39:16 Md. R. 1118

— 1119 (August 10, 2012), has been adopted with the nonsubstantive changes shown below. Effective Date: December 24, 2012.

Attorney General ’ s Certification In accordance with State Government Article , §10

- 113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: COMAR 26.11.02.09A(3) and (4): Corrections made to comply with statutory requirements. .09 Sources Subject to Permits to Construct and Approvals. A. A person may not construct or modify or cause to be constructed or modified any of the following sources without first obtaining, and ha ving in current effect, the specified permits to construct and approvals: (1)

— (2) (proposed text unchanged) (3) New Source Performance Standard Source (NSPS source), as defined at COMAR 26.11.01.01

— permit to construct required, [[ except for generating st ations constructed by electric companies ]] except for electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§7

- 207 and 7

- 208, Annotated Code of Maryland ; (4) National Emission S tandards for Hazardous Air Pollutants Source (NESHAP source), as defined at COMAR 26.11.01.01B(21)(a)

—

permit to construct required, [[ except for generating stations constructed by electric companies ]] except for electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§7

- 207 and 7

- 208, Annotated Code of Maryland ; (5)

— (6) (proposed text unchanged) B.

— D. (proposed text unchanged) ROBERT M. SUMMERS, Ph.D. Secretary of the Environmen t

## COMAR 26.11.02.09 Text after Amendments Adopted and Effective .09 Sources Subject to Permits to Construct and Approvals. A. A person may not construct or modify or cause to be constructed or modified any of the following sources without first obtaining, and having in current effect, the specified permits to construct and approvals: (1) New Source Review Source (NSR source), as defined at COMAR 26.11.01.01—approval required, except for electric generating stations that receive a certificate of public conven ience and necessity (CPCN) under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland; (2) Prevention of Significant Deterioration (PSD) Source, as defined at COMAR 26.11.01.01—approval required, except for electric generating stations th at receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§7- 207 and 7-208, Annotated Code of Maryland; (3) New Source Performance Standard Source (NSPS source), as defined at COMAR 26.11.01.01 — permit to construct required, except for electric genera ting stations that receive a certificate of public convenience and necessity (CPCN) under Public U tilities Article, §§7-207 and 7- 208, Annotated Code of Maryland; (4) National Emission Standards for Hazardous Air Pollutants Source (NESHAP source), as defined at COMAR 26.11.01.01B(21)(a) — permit to construct required, except for electric generating stations that receive a certificate of public co nvenience and necessity (CPCN) un der Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland; (5) Stationary source of lead that discharges 1 ton per year or more of lead or lead compounds measured as elemental lead—permit to construct required; (6) All sources, including installations and air pollutio n control equipment, except as listed in Regulation .10 of this chapter—permit to construct required. B. In the event of a conflict between the applicability of §A(1)—(5) of this regulation and an exemption listed in Regulation .10 of this chapter, the provision that requires a permit applies. C. Approval of a PSD or NSR source by the Department does not relieve the person obtaining approval from also obtaining all permits to construct required by §A(3)—(6) of this regulation. D. General Permits to Construct. The Department may issue a general permit to construct covering similar sources, emissions units, or control equipment.

### Statement of the Air and Radiation Management Administration Department of the Environment for the Public Hearing Relating to Proposed Amendment to COMAR 26.11.02.09 

## To correct an unintended consequence of a recent amendment to COMAR 26.11.01.01 held on September 12, 2012 Baltimore, MD 

## My name is Deborah Rabin. I am the Regulations Coordinator for 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 was appeared in: MDE's website from July 25, 2012 through September 12, 2012; Maryland Register on August 10, 2012; Baltimore Sun on August 10, 2012; Saint Mary's Enterprise on August 10, 2012; Cumberland Times-News on August 10, 2012; Frederick News-Post on August 10, 2012; Cecil Whig on August 10, 2012; Salisbury Daily Times on August 10, 2012; and the Washington Post on August 9, 2012. Copies of these notices were submitted for the record. Copies of the proposed amendment 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 amendment 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 amendment to COMAR 26.11.02.09. Summary The primary purpose of this amendment is to correct an unintended consequence of a recent amendment to COMAR 26.11.01.01. The amendment to the definition of a NESHAP source that became effective on March 5, 2012 expanded the universe of sources required to obtain a permit to construct under COMAR 26.11.02.09.

1

## 2 This correction will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. Background COMAR 26.11.02.09A(4) requires all NESHAP sources as defined in COMAR 26.11.01.01 to obtain a permit to construct. With the recent change to the definition (effective on March 5, 2012), now all MACT sources ( a subset of NESHAP sources), including all of the numerous Maximum Achievable Control Technology (MACT) area sources will be required to obtain a permit to construct. Prior to the revision of the NESHAP definition under 26.11.01.01, some MACT area sources were exempt from the permit to construct requirement because they met the criteria for COMAR 26.11.02.10 Sources Exempt from Permits to Construct and Approvals. The Department desires to keep these exemptions. The exempted sources have minimal emissions of air pollutants and negligible environmental impact which is the reason that they qualified for the exemption under COMAR 26.11.02.10. All sources (including NESHAP sources) not otherwise exempt under COMAR 26.11.02.10 will be required to obtain a permit to construct. Sources Affected Sources across the State that are affected by a MACT area source category. Examples are internal combustion engines with a design capacity of less than 500 bhp (i.e. emergency electric generators rated less than 373 kW) and a myriad of small miscellaneous metal coating operations. Requirements This amendment restores the permit to construct exemptions under COMAR 26.11.02.10 for applicable MACT area sources that existed prio r to the revision of the definition of "NESHAP source" under COMAR 26.11.01.01 that became effective on March 5, 2012. Economic Impact Without this amendment, the unintended consequence of the revised definition of NESHAP source will impact businesses that are now required to obtain a permit to construct for sources which previously were exempted. Economic Impact on Small Businesses Without this amendment, the unintended consequence of the revised definition of NESHAP source will impact small businesses. Most MACT area sources are small businesses. Consideration of Comments The Department will consider all comments before making a decision to adopt this amendment.

### 1 1 

### MARYLAND DEPARTMENT OF THE ENVIRONMENT
2 

### AIR AND RADIATION MANAGEMENT ADMINISTRATION 3 4 

### 5 6 

### PUBLIC HEARING
7 

### CONCERNING PROPOSED AMENDMENTS TO COMAR 26.11.02.09 8 9 

### 10 11 

### 12 The hearing in the above matter commenced on 13 Wednesday, September 12, 2012, at the MOE Headquarters, 14 Montgomery Park, 1800 Washington Boulevard, Baltimore, 15 Maryland. 16 17 18 BEFORE: KATHLEEN PERRY, Hearing Officer 19 20 21 Reported by: Linda Metcalf


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

### 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 Administration
9 

### Maryland Department of the Environment 10 1800 Washington Boulevard 11 

### Baltimore, Maryland 21230 12 13 DEBORAH RABIN 

### 14 Regulations Coordinator 15 Regulation Development Division 16 Air and Radiation Management Administration 17 Maryland Department of the Environment 18 1800 Washington Boulevard, Suite 730 19 Baltimore, Maryland 21230 20 21


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

### 3 

### 1 

### I N D E X 2 3 

### Speaker: Page:
4 

### Opening Remarks, Kathleen Perry, MOE 4 

### 5 

### Hearing Statement, Deborah Rabin, MOE 5
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

### 4 

### 1 

### P R 0 C 

### E E D I N G S
2 3 

### (10:34 a.m.)
4 

### MS. PERRY: 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 Kathleen Perry and I am the
9 

### Legislative Coordinator for the Air and Radiation 10 Management Administration. I will serve as hearing 11 officer for today's hearing. 12 This hearing concerns Air Quality Regulations 13 found in the Code of Maryland Regulations, Title 26, 14 Subtitle 11, Air Quality. The Secretary of the 15 Department proposes to amend Regulation .09 under COMAR 16 26.11.02, Permits, Approvals, and Registration. 17 The purpose of this hearing is to give you the 18 opportunity to comment on this action. 19 The Opportunity for Public Comment for this 20 proposed action appeared in the Maryland Register, Volume 21 39, Issue 16, Page 1119 on August 10, 2012.


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

### 5 1 

### Please let the record show that no one has come 2 

### to attend this hearing; therefore, Deborah Rabin's 3 

### hearing statement will be submitted for the record. 4 

### 5 

### Statement of the Air and Radiation
6 

### Management Administration
7 

### Department of the Environment 8 

### for the Public Hearing Relating to
9 

### Proposed Amendment to COMAR 26.11.02.09 

### 10 To correct an unintended consequence of a 11 

### recent amendment to COMAR 26.11.01.01 

### 12 held on September 12, 2012 

### 13 Baltimore, MD 

### 14 My name is Deborah Rabin. I am the Regulations 15 Coordinator for the Air and Radiation Management 16 Administration, Department of the Environment. 17 This public hearing is being held pursuant to 18 the requirements of 40 CFR Section 51.102 and Sections 2- 19 301 et. seq. of the Environment Article, Annotated Code 20 of Maryland. It is also being held in conformance with 21 the State Administrative Procedures Act under the State


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

### 6 

### 1 

### Government Article, beginning at Section 10-101.
2 

### Notice of this hearing appeared in the: 3 

### Maryland Register on July 25, 2012 through September 12, 4 

### 2012; Baltimore Sun on August 10, 2012; Saint Mary's 5 

### Enterprise on August 10, 2012; Cumberland Times-News on 6 

### August 10, 2012; Frederick News-Post on August 10, 2012;
7 

### Cecil Whig on August 10, 2012; Salisbury Daily Times on 8 

### August 10, 2012; and the Washington Post on August 9,
9 

### 2012. Copies of these notices were submitted for the 10 record. 11 

### Copies of the proposed amendment and supporting 12 documents were submitted for review to the State 13 Clearinghouse and are also submitted at this time into 14 the hearing record. Copies of the proposed amendment and 15 supporting documents were made available for public 16 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 the proposed


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

### 7 

### 1 

### amendment to COMAR 26.11.02.09.
2 

### Summary 3 

### The primary purpose of this amendment is to 4 

### correct an unintended consequence of a recent amendment 5 

### to COMAR 26.11.01.01. The amendment to the definition of
6 

### a NESHAP source that became effective on March 5, 2012
7 

### expanded the universe of sources required to obtain a 8 

### permit to construct under COMAR 26.11.02.09.
9 

### This correction will be submitted to the U.S. 10 Environmental Protection Agency (EPA) for approval as 11 

### part of Maryland's State Implementation Plan. 12 Background 13 COMAR 26.11.02.09A(4) requires all NESHAP 14 sources as defined in COMAR 26.11.01.01 to obtain a 15 permit to construct. With the recent change to the 16 definition (effective on March 5, 2012), now all MACT 17 sources (a subset of NESHAP sources), including all of 18 the numerous Maximum Achievable Control Technology (MACT) 19 area sources will be required to obtain a permit to 20 construct. Prior to the revision of the NESHAP 21 definition under 26.11.01.01, some MACT area sources were


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

### 8 1 

### exempt from the permit to construct requirement because 2 

### they met the criteria for COMAR 26.11.02.10 Sources 3 

### Exempt from Permits to Construct and Approvals. The
4 

### Department desires to keep these exemptions. The 5 

### exempted sources have minimal emissions of air pollutants
6 

### and negligible environmental impact which is the reason 7 

### that they qualified for the exemption under COMAR 8 

### 26.11.02.10. All sources (including NESHAP sources) not 9 

### otherwise exempt under COMAR 26.11.02.10 will be required 10 to obtain a permit to construct. 11 

### Sources Affected 12 Sources across the State that are affected by a 13 MACT area source category. Examples are internal 14 combustion engines with a design capacity of less than 15 500 bhp (i.e., emergency electric generators rated less 16 than 373 kW) and a myriad of small miscellaneous metal 17 coating operations. 18 Requirements 19 This amendment restores the permit to construct 20 exemptions under COMAR 26.11.02.10 for applicable MACT 21 area sources that existed prior to the revision of the


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

### 9 

### 1 

### definition of "NESHAP source" under COMAR 26.11. 01.01 2 

### that became effective on March 5, 2012. 3 

### Economic Impact 4 

### Without this amendment, the unintended 5 

### consequence of the revised definition of NESHAP source 6 

### will impact businesses that are now required to obtain a 7 

### permit to construct for sources which previously were 8 

### exempted.
9 

### Economic Impact on Small Businesses 10 Without this amendment, the unintended 11 

### consequence of the revised definition of NESHAP source 12 will impact small businesses. Most MACT area sources are 13 small businesses. 14 

### Consideration of Comments 15 The Department will consider all comments 16 before making a decision to adopt this amendment. 17 18 MS. PERRY: This will conclude the public 19 hearing regarding proposed amendments to Regulation .09 20 under COMAR 26.11.02, Permits, Approvals, and 21 Registration.


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

### 10 1 Let the record reflect that it is now 10:35 2 a.m., and this hearing is officially concluded. 3 (Whereupon, the hearing was concluded) 4 5 

### 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

### 11 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 

### 16 LINDA METCALF 

### 17 Court Reporter 18 19 

### 20 21


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

# NO ONE ATTENDED THE PUBLIC HEARING

AND

NO COMMENTS WERE RECEIVED DURING THE 30-DAY COMMENT PERIODRecycled Paper 

### www.mde.state.md.us TTY Users 1-800-735-2258 Via Maryland Re lay Service 

# MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard  Baltimore MD 21230 410-537-3000  1-800-633-6101

July 26, 2012

CERTIFICATE OF PUBLICATION This is to certify that the “Mar yland Department of the Environmen t (MDE) Notice of Public Hearing concerning the following proposed actions: Amend COMAR 26.11.02.09; Am end COMAR 26.11.09.08; amend COMAR 26.11.14.06 - .07, adopt new 26.11.14.08; Re peal existing COMAR 26.11.29 and adopt new COMAR 29.11.29; Amend COMAR 26.11.09.08; adopt new COMAR 26.11.30; COMAR 26.11.08.08-2 amendment and 111(d) Plan was published on MDE’s we b site on July 25, 2012. It will remain posted on the site until September 12, 2012. The notice in full w ith links to supporting documents may be found in the following web address: http://www.mde.state.md.us/AboutMDE/pages/reqcomments.aspx Web publication of the notice was at the request of Deborah Rabin, Regula tions Coordinator of the Air and Radiation Management Ad ministration of MDE. By:

JOSEPH E. HERB, JR. MDE Webmaster

Attachments: Copy of web page as published. Robert M. Summers, Ph.D


## . Acting Secretary Martin O’Malley Governor Anthony G. Brown Lieutenant GovernorMDE Request for Comments

http://www.mde.state.md.us/aboutmde/AboutMDEHome/Pages/aboutmde/reqcomments.aspx [7/26/2012 2:57:35 PM] Sign In

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Financial Assistance Featured Staff MDE Fiscal Analysis Project Hearings, Meetings & Request for Comments Work with MDE About MDE Home MDE Public Meetings, Hearings and Request for Comments
MDE Calendar The complete listing of MDE public meetings and hearings is posted in the MDE Calendar
. Please call or email contact person cited in the meeting details for any questions or to send a comment. Notice of Public Hearings Concerning Proposed Amendments to Air Quality Regulations and New Regulations The Maryland Department of the Environment gives notice of public hearings concerning the following proposed actions: 1
. Amend COMAR 26.11.02.09 (sources subject to permits to construct and approvals) to correct an unintended consequence of a recent amendment to COMAR 26.11.01.01. The amendment to the definition of a NESHAP source that became effective on March 5, 2012 expands the universe of sources required to obtain a permit to construct under COMAR 26.11.02.09; ( Technical Support Document ) 2
. Amend COMAR 26.11.09.08; amend COMAR 26.11.14.06 - .07, adopt new 26.11.14.08 (Kraft Pulp Mill requirements) to accurately describe the VOC control system and requirements, to incorporate existing NOx RACT requirements into this Chapter, to clarify Monitoring and Reporting Requirements, and to include emission limits for sulfur dioxide that were part of a consent order with the Department and New Page; ( Technical Support Document ) 3
. Repeal existing COMAR 26.11.29 and adopt new COMAR 29.11.29 to maintain and consolidate NOx emission requirements for internal combustion engines used to compress natural gas located at natural gas pipeline compression stations. These NOx emission requirements were approved as RACT by the U.S. EPA under the NOx SIP Call for affected nontrading sources; ( Technical Support Document ) 4
. Amend COMAR 26.11.09.08; adopt new COMAR 26.11.30 to: (a) combine all of the existing requirements in COMAR 26.11.01, .06, and .29 regarding NOx, SOx and particulate matter that apply to Portland cement manufacturing plants into one chapter; (b) repeal old NOx RACT requirements in COMAR 26.11.09.08 which apply to Portland cement manufacturing plants; and (c) establish procedures for Portland cement manufacturing plants to demonstrate compliance with visible emissions requirements using COM data and compliance with NOx emission requirements using CEM data ( Technical Support Document ) 5
. COMAR 26.11.08.08-2 amendment and 111(d) Plan pertaining to the compliance schedule for hospital, medical, infectious and medical waste (HMIWI) incinerators and the HMIWI requirement 111(d) Plan. Based on testing and analysis conducted by affected sources, flexibility in meeting the interim compliance dates is needed to better accomplish and optimize the required level of control and achieve compliance by October 6, 2014. The proposed amendment allows a source to propose and follow an alternate plan and schedule for meeting the October 6, 2014 compliance date. ( Technical Support Document ) Actions #1 - #4 will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementation Plan. Action #5 will be submitted to the U.S. EPA for approval under Sections 111(d)/129 of the Clean Air Act. The full text of the proposed amendments and new regulations will appear in the Maryland Register at http://www.dsd.state.md.us/mdregister/ on August 10, 2012
. Public hearings on the 5 actions will be held on September 12, 2012 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 not later than September 12, 2012 , or be submitted at the hearing. 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

Notice of Intent to Establish a Total Maximum Daily Load of Nutrients (Phosphorus) in the Antietam Creek watershed, Washington County, Maryland A 30-day public comment period for the draft document will take place from July 16, 2012 to August 15, 2012. Copies of the draft documents have been placed in the Washington County Free Library- Keedysville Branch (22 Taylor Dr., Keedysville, MD 21756) and the Washington County Free Library- Boonsboro Branch (19 N Main St., Boonsboro, MD 21713). The draft document is also available on the Internet at: http://www.mde.state.md.us/programs/Water/TMDL/Pages/Programs/WaterPrograms/tmdl/index.aspx or by contacting Mr. Tony Allred by mail at MDE/SSA, 1800 Washington Boulevard, Suite 540, Baltimore MD 21230-1718, or by telephone at 410-537- 3582 (outside the Baltimore area, dial 1-800-633-6101, x3582). Anyone wishing to review the draft document and supporting information or needing technical information may contact Mr. Allred during normal business hours. Written comments concerning the draft document may be submitted to the Department on or before August 15, 2012 and should be sent to Mr. Allred at the above address or emailed to tallred@mde.state.md.us
. All comments received during the comment period will be considered and the draft document may be revised accordingly prior to its submittal to EPA for approval. Problem Solver | Maryland.gov | Online Services | State Agencies | Phone Directory

email friend print page HOME MARYLANDER BUSINESS RESEARCH CENTER NEWSROOMMDE Request for Comments

http://www.mde.state.md.us/aboutmde/AboutMDEHome/Pages/aboutmde/reqcomments.aspx [7/26/2012 2:57:35 PM] Notice of Intent to Establish a Total Maximum Daily Load of Nutrients (Phosphorus) in the Catoctin Creek watershed, Frederick County, Maryland A 30-day public comment period for the draft document will take place from July 16, 2012 to August 15, 2012. Copies of the draft documents have been placed in the Frederick County Public Library- C. Burr Artz Public Library (110 E Patrick St ., Frederick, MD 21701). The draft document is also available on the Internet at: http://www.mde.state.md.us/programs/Water/TMDL/Pages/Programs/WaterPrograms/tmdl/index.aspx or by contacting Mr. Tony Allred by mail at MDE/SSA, 1800 Washington Boulevard, Suite 540, Baltimore MD 21230-1718, or by telephone at 410-537-3582 (outside the Baltimore area, dial 1-800-633-6101, x3582). Anyone wishing to review the draft document and supporting information or needing technical information may contact Mr. Allred during normal business hours. Written comments concerning the draft document may be submitted to the Department on or before August 15, 2012 and should be sent to Mr. Allred at the above address or emailed to tallred@mde.state.md.us
. All comments received during the comment period will be considered and the draft document may be revised accordingly prior to its submittal to EPA for approval.

Notice of Intent to Establish a Total Maximum Daily Load of Nutrients (Phosphorus) in the Rock Creek watershed, Montgomery County, Maryland A 30-day public comment period for the draft document will take place from July 16, 2012 to August 15, 2012. Copies of the draft documents have been placed in the Montgomery County Public Library- Rockville Branch (99 Maryland Ave., Rockville, MD 20850). The draft document is also available on the Internet at: http://www.mde.state.md.us/programs/Water/TMDL/Pages/Programs/WaterPrograms/tmdl/index.aspx or by contacting Mr. Tony Allred by mail at MDE/TARSA, 1800 Washington Boulevard, Suite 540, Baltimore MD 21230-1718, or by telephone at 410-537-3582 (outside the Baltimore area, dial 1-800-633-6101, x3582). Anyone wishing to review the draft document and supporting information or needing technical information may contact Mr. Allred during normal business hours. Written comments concerning the draft document may be submitted to the Department on or before August 15, 2012 and should be sent to Mr. Allred at the above address or emailed to tallred@mde.state.md.us
. All comments received during the comment period will be considered and the draft document may be revised accordingly prior to its submittal to EPA for approval.

Notice of Intent to Establish a Total Maximum Daily Load of Nutrients (Phosphorus) in the Double Pipe Creek watershed, Carroll and Frederick Counties, Maryland. A 30-day public comment period for the draft document will take place from July 23, 2012 to August 22, 2012. Copies of the draft documents have been placed in the Frederick County Public Library- C. Burr Artz Public Library (110 E Patrick St ., Frederick, MD 21701) and Carroll County Public Library- Westminster Branch (50 E. Main St., Westminster, MD 21157). The draft document is also available on the Internet at: http://www.mde.state.md.us/programs/Water/TMDL/Pages/Programs/WaterPrograms/tmdl/index.aspx or by contacting Mr. Tony Allred by mail at MDE/SSA, 1800 Washington Boulevard, Suite 540, Baltimore MD 21230-1718, or by telephone at 410-537-3582 (outside the Baltimore area, dial 1-800-633-6101, x3582). Anyone wishing to review the draft document and supporting information or needing technical information may contact Mr. Allred during normal business hours. Written comments concerning the draft document may be submitted to the Department on or before August 22, 2012 and should be sent to Mr. Allred at the above address or emailed to tallred@mde.state.md.us
. All comments received during the comment period will be considered and the draft document may be revised accordingly prior to its submittal to EPA for approval.

Notice of Intent to Establish a Total Maximum Daily Load of Nutrients (Phosphorus) in the Upper Monocacy River watershed, Frederick and Carroll Counties, Maryland. A 30-day public comment period for the draft document will take place from July 26, 2012 to August 24, 2012. Copies of the draft documents have been placed in the Frederick County Public Library- C. Burr Artz Public Library (110 E Patrick St ., Frederick, MD 21701) and Carroll County Public Library- Westminster Branch (50 E. Main St., Westminster, MD 21157). The draft document is also available on the Internet at: http://www.mde.state.md.us/programs/Water/TMDL/Pages/Programs/WaterPrograms/tmdl/index.aspx or by contacting Mr. Tony Allred by mail at MDE/SSA, 1800 Washington Boulevard, Suite 540, Baltimore MD 21230-1718, or by telephone at 410-537-3582 (outside the Baltimore area, dial 1-800-633-6101, x3582). Anyone wishing to review the draft document and supporting information or needing technical information may contact Mr. Allred during normal business hours. Written comments concerning the draft document may be submitted to the Department on or before August 24, 2012 and should be sent to Mr. Allred at the above address or emailed to tallred@mde.state.md.us
. All comments received during the comment period will be considered and the draft document may be revised accordingly prior to its submittal to EPA for approval.

Notice of Public Hearings Concerning Proposed Amendments to Air Quality Regulations and Revisions to Maryland's State Implementation Plan The Maryland Department of the Environment gives notice of public hearings concerning the following actions: 1. Proposal to amend Regulation .03 and repeal Regulations .04 - .09 under COMAR 26.11.04 Ambient Air Quality Standards. The purpose of this action is to adopt the following revised National Ambient Air Quality Standards (NAAQS) as required by Section 2-302 (c) of the Environment Article of the Annotated Code of Maryland: the 2006 revised NAAQS for particulate matter (PM) and update the definitions, reference conditions, and methods of measurement as specified in 40 CFR Parts 50, 53, and 58. the 2010 revised NAAQS for sulfur dioxide (SO2) and update the definitions, reference conditions, and methods of measurement as specified in 40 CFR Parts 50, 53 and 58. the 2008 NAAQS for ground-level ozone (O3) and update the definitions, reference conditions, and methods of measurement as specified in 40 CFR Parts 50 and 58. the 2010 revised NAAQS for nitrogen dioxide (NO2) and update the definitions, reference conditions, and methods of measurement as specified in 40 CFR Parts 50 and 58. the 2008 NAAQS for lead (Pb) and update the definitions, reference conditions, and methods of measurement as specified in 40 CFR Parts 50, 51, 53 and 58. In this regulatory action the NAAQS are being incorporated by reference prospectively in order for Maryland’s ambient air quality standards to be identical to the federal standards at all times. ( Technical Support Document ) This action will be submitted to the U.S. Environmental Protection Agency for approval as part of Maryland's State Implementation Plan. 2. Proposal to adopt new Regulation .27-1 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes. The purpose of this action is to adopt the requirements of the EPA’s Control Techniques Guidelines (CTG) for miscellaneous metal and plastic parts which include controls for pleasure craft coating operations. EPA develops CTGs as guidance on control requirements for source categories. States can follow the CTGs or adopt more restrictive standards. MDE proposes to adopt new standards and requirements that have been developed in coordination with EPA and trade associations representing the pleasure craft industry. ( Technical Support Document ) This action will be submitted to the U.S. Environmental Protection Agency for approval as part of Maryland's State ImplementationMDE Request for Comments

http://www.mde.state.md.us/aboutmde/AboutMDEHome/Pages/aboutmde/reqcomments.aspx [7/26/2012 2:57:35 PM] Plan. 3. Proposal to remove the Board of Education of Allegheny County's 1979 Consent Order from the State Implementation Plan. The coal-fired boiler located at Beall High School has been demolished along with the entire school. The Department issued a construction permit for a 15.5 million BTU per hour coal fired boiler on February 6, 1979. ( Fact Sheet ) ( Consent Order ) This action will be submitted to the U.S. Environmental Protection Agency for approval as a revision to Maryland's State Implementation Plan. 4. Proposal to remove the Saint Mary's College 1979 Consent Order from the State Implementation Plan. The coal-fired F. Keeler Company Boiler has been modified by removing the coal firing capability and converting the boiler to mainly fire natural gas with No. 2 fuel oil backup. The Department issued a construction permit for this modification on July 18, 2000. ( Fact Sheet ) ( Permit Application ) ( Permit Modification ) ( Consent Order ) This action will be submitted to the U.S. Environmental Protection Agency for approval as a revision to Maryland's State Implementation Plan. The full text of the proposed amendments and new regulation listed under #1 and #2 will appear in the Maryland Register at http://www.dsd.state.md.us/mdregister on June 15, 2012. Public hearings on the four (4) proposed actions listed above will be held on July 18, 2012 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. The proposed actions and supporting documents are also 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. Interested persons are invited to attend and express their views. Comments may be mailed 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, or faxed to (410) 537-4223. Comments must be received not later than July 18, 2012 , or be submitted at the hearing. For more information, call Deborah Rabin at (410) 537-3240. Anyone needing special accommodations at a 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.
Response to Comments for Selected Public Hearings Response to comments for the public hearing held on July 11, 2011 for COMAR 26.11.19.11- Related to Volatile Organic Compounds from Specific Processes- Lithographic and Letterpress Printing Response to comments for the public hearing held on July 11, 2011 for COMAR 26.11.19.23- Related to Control of VOC Emissions from Vehicle Refinishing

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Contact the Office | Accessibility | Privacy Notice 1800 Washington Boulevard, Baltimore, MD 21230 | (410) 537-3000

## Debbie Rabin- Notice of Public Hearings- Please confirm receipt

From: To: 

### Date: 

### Subject: CC: Debbie Rabin All County Environmental Health Directors; All County Health Officers;

... 

### 8/8/2012 12:09 PM Notice of Public Hearings
- Please confirm receipt Angelo Bianca; Tad Aburn

MARYLAND DEPARTMENT OF THE ENVIRONMENT AIR & RADIATION MANAGEMENT ADMINISTRATION NOTICE OF PUBLIC HEARINGS 

## Page 1 of2

The Maryland Department of the Environment gives notice of public hearings concerning the following proposed actions: 1. Amend COMAR 26.11.02.09 

### (sources subject to permits to construct and approvals) to correct an unintended consequence of a recent amendment to COMAR 26.11.01.01. The amendment to the definition of a NESHAP source that became effective on March 5, 2012 expands the universe of sources required to obtain a permit to construct under COMAR 26.11.02.09; 2. Amend COMAR 26.11.09.08; amend COMAR 26.11.14.06- .07, adopt new 26.11.14.08 

### (Kraft Pulp Mill requirements) to accurately describe the VOC control system and requirements, to incorporate existing NOx RACT requirements into this Chapter, to clarify monitoring and reporting requirements, and to include emission limits for sulfur dioxide that were part of a consent order with the Department and New Page; 3. Repeal existing COMAR 26.11.29 and adopt new COMAR 29.11.29 

### to maintain and consolidate NOx emission requirements for internal combustion engines used to compress**na~ural** 

### gas located at natural gas pipeline compression stations. These NOx emission requirements were approved as RACT by the U.S. EPA under the NOx SIP Call for affected nontrading sources; 

### 4. Amend COMAR 26.11.09.08; adopt new COMAR 26.11.30 

### to: (a) combine all of the existing requirements that apply to Portland cement manufacturing plants into one chapter; (b) repeal old NOx RACT requirements; and (c) establish procedures to demonstrate compliance with visible emissions requirements using COM data and compliance with NOx emission requirements using CEM data. 5. COMAR 26.11.08.08-2 amendment and 111(d) Plan 

### pertaining to the compliance schedule for hospital, medical, infectious and medical waste (HMIWI) incinerators and the HMIWI requirement 111 (d) Plan. Based on testing and analysis conducted by affected sources, flexibility in meeting the interim compliance dates is needed to better accomplish and optimize the required level of control and achieve compliance by October 6, 2014. The proposed amendment allo"Ys a source to propose and follow an alternate plan and schedule for meeting the October 6, 2014 compliance date. Actions #1
- 

### #4 will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementation Plan. Action #5 will be submitted to the U.S. EPA for approval under Sections 111 (d)/129 of the Clean Air Act. The full text of the proposed amendments and new regulations will appear in the Maryland Register at http://www.dsd.state.md.us/mdregister/ on August 10, 2012.



## file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\50225715MDED... 8/8/2012

### Page 2 of2

Public hearings on the 5 actions will be held on 

### September 12, 2012 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. The technical support documents and additional information is available on the Maryland Department of the Environment's website at the following address: http://www. mde. state. md. us/aboutmde/pages/regcomments.aspx Please make these materials available in your office for public review. Comments must be received not later than 

### September 12, 2012, or be submitted at the hearing. 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 Telephone Number: (410)-537-4414



### file://C:\Documents and Settings\drabin\Local Settings\Temp\X.Pgrpwise\50225715MDED... 8/8/2012

### Subject: Created 

### By: Notice of Public Hearings
- Please confirm receipt 

### drabin@mde.state.md.us Scheduled Date: Creation Date: From: Recipient 8/8/2012 12:09 PM Debbie Rabin

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### Page 1 of7

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To: Garrett County Environmental Health Director (GA Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)**-~----~---** --**-----~~~~------------~~-----~-~~~~---~- -~-----~** 

To: Garrett County Health Officer (GA Co Health Officer.FIELD_OFFICES_PO.FIELD_OFFICES)**---------~------~-~~-~~~-~---~~~-~-----**

To: Harford County Environmental Health Director (HA Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES) Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Incomplete 8/8/2012 12:10 PM**~··~~~~"·--··•"·-··** Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Incomplete 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM Transferred 8/8/2012 12:10 PM 451 Recipients not all at same mail host- psmtp

451 Recipients not all at same mail host- psmtp



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To: Harford County Health Officer (HA Co Health Transferred 8/8/2012 Officer. FIELD_ OFFICES_PO. FIELD_ OFFICES) 12:10 PM To: Howard County Environmental Health Director (HO Co Env Health Transferred 8/8/2012 Director.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Howard County Health Officer (HO Co Health Transferred 8/8/2012 Officer. FIELD_ OFFICES_PO. FIELD_ OFFICES) 12:10 PM To: Kent County Environmental Health Director (KE Co Env Health Transferred 8/8/2012 Director. Fl ELD

_ OFFICES_PO.FIELD _OFFICES) 12:10 PM To: Montgomery County Environmental Health Director (MO Co Env Health Transferred 8/8/2012 Director.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Montgomery County Environmental Health Director 2 (MO Co Env Transferred 8/8/2012 Protection.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Montgomery County Health Officer (MO Co Health Transferred 8/8/2012 Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Montgomery County Wells and Permits (MO Co Permits and Transferred 8/8/2012 Wells.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Prince Georges County Environmental Health Director (PG Co Env Health Transferred 8/8/2012 Director.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Prince Georges County Health Officer (PG Co Health Transferred 8/8/2012 Officer. FIELD_ OFFICES_PO. FIELD_ OFFICES) 12:10 PM To: Queen Annes County Environmental Health Director (QA Co Env Health Transferred 8/8/2012 Director. Fl ELD _OFFICES _PO.FIELD _OFFICES) 12:10 PM To: Queen Annes County Health Officer (QA Co Health Transferred 8/8/2012 Officer. FIELD_ OFFICES_PO. Fl ELD _OFFICES) 12:10 PM To: Somerset County Environmental Health Director (SO Co Env Health Transferred 8/8/2012 Director.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Somerset County Health Officer (SO Co Health Transferred 8/8/2012 Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: St Marys County Environmental Health Director (SM Co Env Health Transferred 8/8/2012 Director.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: St Marys County Health Officer (SM Co Health Transferred 8/8/2012 Officer. Fl ELD _OFFICES_PO. FIELD_ OFFICES) 12:10 PM To: Talbot County Environmental Health Director (TACo Env Health Transferred 8/8/2012 Director. Fl ELD

_ OFFICES_PO. FIELD_ OFFICES) 12:10 PM To: Talbot County Health Officer (TACo Health Transferred 8/8/2012 Officer. FIELD_ OFFICES_PO. Fl ELD _OFFICES) 12:10 PM To: Washington County Environmental Health Director (WACo Env Health Transferred 8/8/2012 Director.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Washington County Health Officer (WACo Health Transferred 8/8/2012 Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Wicomico County Environmental Health Director (WI Co Env Health Transferred 8/8/2012 Director.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Wicomico County Health Officer (WI Co Health Transferred 8/8/2012 Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Worcester County Environmental Health Director (WO Co Env Health Transferred 8/8/2012 Director.FIELD_OFFICES_PO.FIELD_OFFICES) 12:10 PM

To: Worcester County Health Officer (WO Co Health Transferred 8/8/2012 Officer. FIELD_ OFFICES_PO. FIELD_ OFFICES) 12:10 PM To: Ace Adkins (AAdkins@mde.state.md.us) Read 8/8/2012 12:21 PM To: Adam Corry (ACorry@mde.state.md.us) Read 8/8/2012 12:58 PM To: AI Hooker (AHooker@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Alan Kampmeyer (AKampmeyer@mde.state.md.us) Deleted 8/8/2012 12:12 PM To: Allison OHanlon (AOHanlon@mde.state.md.us) Delivered 8/8/2012 12:09 PM CC: Angelo Bianca (abianca@mde.state.md.us) Delivered 8/8/2012 12:09 PM



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To: Ann McManus (AMcManus@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: April Stehr**(~Stehr@mde.state.md.us)** Delivered 8/8/2012 12:09 PM To: Audrey Hansen (AHansen@mde.state.md.us) Replied 8/8/2012 12:09 PM To: Barbara Santana (BSantana@mde.state.md.us) Read 8/8/2012 12:45 PM To: Bill Murphy (bmurphy@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Blake Pritts (BPritts@mde.state.md.us) Deleted 8/8/2012 1:52PM To: Brad Metzger (bmetzger@mde.state.md.us) Replied 8/8/2012 12:09 PM To: Bradley Nee (BNee@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Brennan Greene (BGreene@mde.state.md.us) Delivered 8/8/2012 12:09 PM BC: Brian Hug (bhug@mde.state.md.us) Deleted 8/8/2012 12:24 PM To: Brian Littlefield (blittlefield@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Byron Fairall (BFairall@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Carlton Washburn (cwashbum@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Charles Poukish (cpoukish@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Chris Luckett (cluckett@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Dennis Rasmussen (drasmussen@mde.state.md.us) Delivered 8/8/2012 12:09 PM BC: Diana Alegre (dalegre@mde.state.md.us) Read 8/8/2012 12:12 PM To: Elaine Maliniak (EMaliniak@mde.state.md.us) Read 8/8/2012 12:34 PM To: Farah Abi-Akar (FAbi-Akar@mde.state.md.us) Read 8/8/2012 12:19 PM To: Garrett Norris (GNorris@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Gilbert Lookingland (glookingland@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Glen Savage (gsavage@mde.state.md.us) Delivered 8/8/2012 12:09 PM BC: Horacia Tablada (htablada@mde.state.md.us) Replied 8/8/2012 12:25 PM To: James Forrest (qforrest@mde.state.md.us) Delivered 8/8/2012 12:09 PM BC: Jed Miller (JLMiller@mde.state.md.us) Delivered 8/8/2012 12:09 PM BC: Joe Herb Gherb@mde.state.md.us) Read 8/8/2012 12:10PM To: John Holt (JHolt@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: John Lynch GJynch@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: John McKay (JMcKay@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Joseph Gay Ggay@mde.state.md.us) Deleted 8/8/2012 1:20PM



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To: Kathleen Bassett (KBassett@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Marcia Potter (mpotter@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Mitch Welsh (mwelsh@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Nicholas Kaltenbach (NKaltenbach@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Philip Chaing-Smith (PChiang-Smith@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Rob Hill (rhill@mde.state.md.us) Replied 8/8/2012 12:09 PM To: Ross Kelly (RKelly@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Shawn Lowman (SLowman@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Shirley Kirby (SKirby@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Steve Hiner (shiner@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Susan Tiffany (STiffany@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Todd Kamens (Tkamens@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: William Beatty (wbeatty@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: William Evans (WEvans@mde.state.md.us) Replied 8/8/2012 12:09 PM To: Cathy Renner (crenner@mde.state.md.us) Deleted 8/8/2012 1:46PM To: Charles Hatfield (CHatfield@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Chris Pajak (CPajak@mde.state.md.us) Read 8/8/2012 1:43PM To: Chris Westergard (cwestergard@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Connie Loucks (CLoucks@mde.state.md.us) Read 8/8/2012 1:42PM To: Dave Pushkar (dpushkar@mde.state.md.us) Deleted 8/8/2012 1:12PM To: Dave Ryder (dryder@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: David Bramble (DBramble@mde.state.md.us) Delivered 8/8/2012 12:09 PM BC: Debbie Rabin (drabin@mde.state.md.us) Read 8/8/2012 1:51 PM To: Dennis Brown (dbrown@mde.state.md.us) Deleted 8/8/2012 1:50PM BC: Diane Franks (dfranks@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Don Bradley (dbradley@mde.state.md.us)

. 8/8/2012 Undeliverable 12 : 09 PM To: Donna Disharoon (DDisharoon@mde.state.md.us) Read 8/8/2012 1:33PM To: Erik Schafer (ESchafer@mde.state.md.us) Read 8/8/2012 12:57 PM To: Evelyn Stavrou (estavrou@mde.state.md.us) Read 8/8/2012 1:16PM To: Finka Cathey (fcathey@mde.state.md.us) Delivered 8/8/2012 12:09 PM



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## Page 5 of7

BC: Frank Courtright (fcourtright@mde.state.md.us) Replied 8/8/2012 12:09 PM To: Harald Vanaller (hvanaller@mde.state.md.us) Read 8/8/2012 12:14 PM To: Harry Hunsicker (hhunsicker@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: lan Spotts (ispotts@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: James Craig (JCraig@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Jared Tanaka Otanaka@mde.state.md.us) Deleted 8/8/2012 1:24PM To: Jay Bozman (JBozman@mde.state.md.us) Delivered 8/8/2012 12:09 PM BC: Jay Sakai Osakai@mde.state.md.us) Replied 8/8/2012 12:09 PM To: Jeff Snyder (JSnyder@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Jennifer Jaber (jjaber@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Joe Kincaid Okincaid@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Joe Mills (JMills@mde.state.md.us) Deleted 8/8/2012 1:07PM To: John Carey (JCarey@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Julie OConnor Ooconnor@mde.state.md.us) Delivered 8/8/2012 12:09 PM BC: Karen Irons (kirons@mde.state.md.us) Deleted 8/8/2012 12:52 PM BC: Kathleen Perry (kperry@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Lisa Green (LGreen@mde.state.md.us) Read 8/8/2012 12:10 PM To: Lisa Trujillo (ltrujillo@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Lorri Broadwater (LBroadwater@mde.state.md.us) Deleted 8/8/2012 1:40PM To: Mark Carney (MCarney@mde.state.md.us) Read 8/8/2012 1:14PM To: Mark Ecker (mecker@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Mark Hajas (mhajas@mde.state.md.us) Deleted 8/8/2012 1:39PM To: Mary Lynn Pegg (MPegg@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Mary Phipps-Dickerson (MPhipps-Dickerson@mde.state.md.us) Read 8/8/2012 12:13 PM To: Matt Radcliffe (MRadcliffe@mde.state.md.us) Deleted 8/8/2012 1:25PM To: Maureen Eckard (meckard@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Michele Burroughs (MBurroughs@mde.state.md.us) Read 8/8/2012 12:52 PM To: Michelle Arrington (marrington@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Michelle Walston (MWalston@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Mike Garner (MGarner@mde.state.md.us) Delivered 8/8/2012 12:09 PM



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To: Nancy Craft (ncraft@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Oladapo John (OJohn@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Pavia Dilnesahu (PDilnesahu@mde.state.md.us) Deleted 8/8/2012 12:47 PM CC: Tad Aburn (gaburn@mde.state.md.us) Deleted 8/8/2012 12:35 PM BC: Bob Rosenbush (BRosenbush@mdp.state.md.us) Transferred 8/8/2012 12:09 PM BC: Diana Esher (esher.diana@epa.gov) Transferred 8/8/2012 2.0.0 message relayed 12:09 PM BC: Hal Frankford (frankford.harold@epa.gov) Transferred 8/8/2012 2.0.0 message relayed 12:09 PM BC: Linda Janey (ljaney@mdp.state.md.us) Transferred 8/8/2012 12:09 PM BC: Marcia Spink (spink.marcia@epa.gov) Transferred 8/8/2012 2.0.0 message relayed 12:09 PM To: Maryland Clearinghouse (clearinghouse@mdp.state.md.us) Transferred 8/8/2012 12:09 PM To: Paul Ferreri (pferreri@mde.state.md.us) Read 8/8/2012 12:40 PM To: Pete Hartman (PHartman@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Punam Tyagi (ptyagi@mde.state.md.us) Delivered 8/8/2012 12:09 PM BC: Ralph Hall (rhall@mde.state.md.us) Read 8/8/2012 12:58 PM To: Ralph Mongold (RMongold@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Randy Denny (rdenny@mde.state.md.us) Delivered 8/8/2012 12:09 PM BC: Randy Mosier (rmosier@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Ray Karlstrand (RKarlstrand@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Rich Wolters (rwolters@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Richard Stewart (RStewart@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Robert Rushlow (RRushlow@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Sarah Harvey (SJHarvey@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Scot Nicol (SNicol@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Scott Boylan (sboylan@mde.state.md.us) Read 8/8/2012 1:31 PM To: Sean McKewen (SMcKewen@mde.state.md.us) Forwarded 8/8/2012 12:09 PM To: Steve Dawson (SDawson@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Tamara Davis (TDavis@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Terri Palamaras (tpalamaras@mde.state.md.us) Delivered 8/8/2012 12:09 PM To: Tim Miller (TMiller@mde.state.md.us) Read 8/8/2012 1:54PM To: Tom Murray (tmurray@mde.state.md.us) Read 8/8/2012 1:00PM



### file://C:\Documents and Settings\drabin\Local Settings\Temp\X.Pgrpwise\50225715MDED... 8/8/2012To: Tracey Thomas (tthomas@mde.state.md.us) Delivered To: Tymika Brown (tkbrown@mde.state.md.us) Read To: Waldo Nelson (WNelson@mde.state.md.us) Delivered To: William Fracassi (wfracassi@mde.state.md.us) Read 8/8/2012 12:09 PM 8/8/2012 12:10PM 8/8/2012 12:09 PM 8/8/2012 1:18PM 

## Page 7 of7

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## Debbie Rabin - Notice of Public Hearings - Please confirm receipt

From: 

### Debbie Rabin To: Date: 

### Ali Mirzakhalili; Cecily Beall; Diana Esher; John Benedict; Joyce Ep

... 8/8/2012 12:10 PM Subject: 

### Notice of Public Hearings
- Please confirm receipt 

### CC: Angelo Bianca; Hal Frankford; Kathleen Cox; Marcia Spink; Tad Aburn

MARYLAND DEPARTMENT OF THE ENVIRONMENT AIR & RADIATION MANAGEMENT ADMINISTRATION. NOTICE OF PUBLIC HEARINGS



### The Maryland**Departm~nt** 

### of the Environment gives notice of public hearings concerning the following proposed actions:



### 1. Amend COMAR 

### 26.11.02.09 (sources subject to permits to construct and approvals) to correct an unintended consequence of a recent amendment to COMAR 

### 26.11.01.01. The amendment to the definition of a NESHAP source that became effective on March 

### 5, 2012 expands the universe of sources required to obtain a permit to construct under COMAR 

### 26.11.02.09;

2. Amend COMAR 

### 26.11.09.08; amend COMAR 

### 26.11.14.06- .07, adopt new 

### 26.11.14.08 (Kraft Pulp Mill requirements) to accurately describe the VOC control system and requirements, to incorporate existing NOx RACT requirements into this Chapter, to clarify monitoring and reporting requirements, and to include emission limits for sulfur dioxide that were part of a consent order with the Department and New Page;



### 3. Repeal existing COMAR 

### 26.11.29 and adopt new COMAR 

### 29.11.29 to maintain and.consolidate NOx emission requirements for internal combustion engines used to compress natural gas located at natural gas pipeline compression stations. These NOx emission requirements were approved as RACT by the U.S. EPA under the NOx SIP Call for affected nontrading sources;



### 4. Amend COMAR 

### 26.11.09.08; adopt new COMAR 

### 26.11.30 to: (a) combine all of the existing requirements that apply to Portland cement manufacturing plants into one


## file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\50225742MDED... 8/8/2012

### Page 2 of3

chapter; (b) repeal old NOx RACT requirements; and (c) establish procedures to demonstrate compliance with visible emissions requirements using COM data and compliance with NOx emission requirements using CEM data.

5. COMAR 26.11.08.08-2 amendment and 111(d) Plan pertaining to the compliance schedule for hospital, medical, infectious and medical waste (HMIWI) incinerators and the HMIWI requirement 111 (d) Plan. Based on testing and analysis conducted by affected sources, flexibility in meeting the interim compliance dates is needed to better accomplish and optimize the required level of control and achieve compliance by October 6, 2014. The proposed amendment allows a source to propose and follow an alternate plan and schedule for meeting the October 

### 6, 2014 compliance date.

Actions #1
- 

### #4 will be submitted to the U.S. EPA for approval as revisions to Maryland's State Implementation Plan. Action #5 will be submitted to the U.S. EPA for approval under Sections 111 (d)/129 of the Clean Air Act.

The full text of the proposed amendments and new regulations will appear in the Maryland Register at http://www.dsd.state.md.us/mdregister/ on August 10, 2012.

Public hearings on the 5 actions will be held on September 12, 2012 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720.

The technical support documents and additional information is available on the Maryland Department of the Environment's website at the following address: http://www. mde.state. md. us/aboutmde/pages/regcomments. aspx

Comments must be received not later than September 12, 2012,
or be submitted at the hearing. 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


### file://C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\50225742MDED... 8/8/2012Email: 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 Telephone Number: (410)-537-4414 

## Page 3 of3

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### Page 1 of 1

Subject: Created 

### By: Notice of Public Hearings
- Please confirm receipt drabin@mde.state.md.us Scheduled Date: Creation Date: From: 8/8/2012 12:10 PM Debbie Rabin

To: Ali Mirzakhalili (Aii.Mirzakhalili@state.de.us) CC: Angelo Bianca (abian?t@mde.state.md.us) BC: Brian To: Cecily Beall (cecily.beall@dc.gov)**~--~~---** - Action Transferred Read**~** Deleted Transferred Date& Comment
8/8/201212:37 PM 8/8/201212:24 PM 8/8/2012 12:10 PM Transferred 8/8/2012 12:11 PM 2.0.0 message relayed**~~~-~-~-~··~~·~--~-~~~~·----~~~~~-~--~·~"·~--~~-** Transferred 8/8/2012 12:11 PM 2.0.0 message relayed**·~~·~-----~-~·*****~--~-~** Read 8/8/2012 1:52 PM Read 8/8/2012 12:12 PM Transferred 8/8/2012 12:11 PM 2.0.0 message relayed**~---~~~~~--·~··-~---~~--** Delivered 8/8/201212:10 PM Delivered 8/8/2012 12:10 PM**_T~o~:** Joyce Epps**Oeepps@st~at~e~.p~_.u_s)~~~~~~--~-~~-~~~~** Transferred**··-~~-/8_129~2_1~2~:1~0-PM_~-~~ ··~~--·~~·~·-···~--~-~~~·-·~­**  BC: Karen Irons
BC:**K~~!hleen** Perry (kperry@md,:.state.md.us)
To: Michael Dowd**(mgdowd@deq.virgi~~:.golfJ ~~**  .. BC: Ralph Hall (rhall@mde.state.md.us)**··------~~~-·~·-**

_ BC: Randy**Mo~.:.rJ.f'!Tlosier@lll_de.state:.rTl.d.~~L**

CC: Tad Aburn (gaburn@mde.state.md.us) Read 8/8/2012 12:49 PM

Transferred 8/8/2012 12:10 PM Read 8/8/2012 1:04 PM Delivered Deleted 8/8/2012 12:10 PM 8/8/201212:35 PM



### file:/ /C :\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\502257 42MDED... 8/8/2012