# (. l . MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard • Baltimore MD 21230 

# 0 MDE 4to-s37-3ooo. t-8oo-633-61o1 Martin O'Malley Governor Anthony G. Brown Lieutenant Governor



### June 3, 2011


### CERTIFICATE OF PUBLICATION Robert M
. Summers, Ph.D. Secretary



### This is to certify that the "Maryland Department ofthe Environment (MOE) Notice ofPublic Hearings Concerning Proposed Amendments to Air Quality Regulations and Submission ofRegulations to the Environmental Protection Agency (EPA) for approval as part ofMaryland's State Implementation Plan (SIP)'' was published on MOE's web site on May 26, 2011. It will remain posted on the site until July 11, 2011. The notice in full with links to supporting documents may be found in the following web address: http : //www
.mde.state.md
. us/ AboutMDE/pageslregcomments.aspx Web publication ofthe notice was at the request ofDeborah Rabin, Regulations Coordinator ofthe Air and Radiation Management Administration ofMOE
.

DIANA

Attachments: Copy ofweb page 

### as published.

www.mde
.state.md.us By:



### ALEGRE MOE Webmaster

TTY Users 1-8(){).735

-2258 Via Maryland Relay Serv1ceMOE Request for Comments

MDE Public Meetings, Hearings and Request for Comments

... MDI! Calend•r The complete listi ng of MOE**pub ll** **~~;** meetings an d hearings I!J p ottiid I n tile HDr; Qlnndnr Please call or email contact person c o ted in the meeting detilils for any questions or to send a comment.

... Notice of Public Hurlng• Concerning PropoMd Amendment. to Air Quality Regulation• and Subml••ion of Regulation• to the Environment.! Protection Agency (EPA) for approval •• part of Maryland'• State Implementation Plan (SIP), The Maryland Department of the Environment ;lves Notice of Public Hearings**Con emlng**  Proposed Ame l'l(l ments to A! r Quality Regulations and SubmlSslon of Regulations to the Environmental Protection Agency (EPA) for a.,.proval as part of Maryland's State Implementation**n** (SIP). 1. Opilclty Amendments Under COMAR 2.6.11.01 This action w. ll amend Regulatj o111s .10 and

. 11 under COMAR 26, 11

. 01 General AdmlnlstratiVI! Provisions. The purpose of this action I s to remove the references to Technrcal Memorandum 9 D-O 1 from the Department's opacity regulations under COMAR 26

. 11.01.10 and COMAR 26.11

. 01

. 11 and cllrify that the Quality Assurance/Quality Control for Continuous Opaclty Monitors (COM) ! snow located In COMAR 26

. 11.31

. (See pmPOsftd Action,) (See Te<:bniQII SupPOrt QOGument) 2.. Clarlftc.tlan of Permit to Con.truct •nd Permit to Oper•te I!Xemptlona This "tlon amends Regu lations

. 01, .10 and

. 13 under COMAR 26.11 .02 Perm its, Approva l'S, and Registration. The purpose of this actiOn Is to (1) clarify requirements under COMAR 26

. 11.02

. 1 0X ( Sources Exempt from Permits to Construct and Approvals) and (2) clarify what**nstallatlons** must obta in 11 State Permit to Operate under 26.11.02.13 (Sources Subject to State Permits to Operate

. ) (See pmnosed Art!pn ) (See l§bnlgtl Sngpgrf QQ<:nment.) 3. Uthotr•phlc and Letter PreA Printing This action will amend Regulation . 11 under CO MAR 26

. 11.19 Volatile Organ ic Compounds from**Spe c~** **fl c**  Processes to incorporate EPA's CTG for [lthograph l c and letterpress pri nti ng I nto Mary land 's cu rrent regulations for the control or volaW e org11nlc compounds (VOC). (See Pmoosed AaiQn

. ) (SM l§hnlcal Supoorf pocyment.) The full text of the proposed acti ons appe11red In the Maryland Reg ister and at httn·/fwww dSd state md y:s/mdreahster/mdreglf!ter 

### osax on April 22, 2011. The Proposed Actions are also attached to this he11ring noti ce. Ple11se note that the dilte for the public hearing and end of the comment period have changed from what was published In the April 22, 2011 Issue of the Maryland Register. The corrected date Is I ndicated be' ow and will also be noted In the June 3, 2011 Issue of the Maryland Register. The proposed actions and supporting documents are also available for review at the following locations: the Air and Radl11tlon 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 alr quality control offices. Public hearings on the proposed actions will be held on July 11, :Z011 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230·1720. Interested persons are invited to attend and express their views. Comments may be 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 emalled to drablnOmde.state.md.us, or faxed to (410) 537·4223. Comments must be received not later than July 11, 2011, or be submitted at the hearing. For more Information, call Deborah Rabin at (410) 537-3240. Anyo ne needing special accommodations at a public hearing should contact the Department'' Fair Practices Office at (410) 537· 3964. TlY users may contact the Department through the Maryland Relay Service <It 1·800· 735·2258

.

... Requat for Comment. on Maryland'• Ambient Air Monitoring Network Plan for Calendar Year 2012 A thirty-day public comment period for Maryland's Ambient Air Monitoring Network Pl11n for Calendar Yeilr 2012 wilt take place from Mav 23, 2011 through June 23, 2011. Written comments concerning the network plan**c;~n** be submitted to the Department on or before June 23, 2011, and should be sent to Ms. Janice Lafon at MOE's address or em11iled to jlafonOmde.state.md.us. Click Jw:& for more Info.

... Request for Comment. on Maryland's Demonstration to lu.tlfy tl'!e Exclu•lon of an Air Quality Exceedance Due to an Exceptional Event: The Van Dusen Fire and tl'!e 24-Hour Aver•g• PM2.5 l!xceedance on february 11, 2011 A 30-day public comment period for Maryland's Demonstration to Justify the Exclus on of an Air Quality Exceed11nce Due to an Exceptional Event: The Van Dusen Fire and the 24·Hour Average PM2.5 Exceedance on February 19, 2011 will take place from May 17 through June 17, 2011. Written comments concerning the demonstration may be submitted to the Department on or before luna 17, 2011, and should be sent to Ms. Janice Lafon by mall at 1800 Washington Blvd, Suite 730, Baltimore, MD 21230 or by email to jlatooOmde mttt rod us, Click llete for more details.

... Notice of Public Hurlng Concerning Submittal of MDI! and Public Service Commiulon (PSC) Material• to tl'!e environmental Protection Agency (I!PA) a• Revl1lon• to Maryland'• State Implementation Plan The Maryland Department of the Environment (MOE) gives notice of a public hearing concerning submittal of the following MOE and Public Service Commission (PSC) materials to the Environmental Protection Agency (EPA) as revisions to Maryland's State Implementation Plan: 1. MDI •mendmanc. to Regulatlona 

### .oe •nd .10 under COMAR :Z6.11.0:Z Permit., Approval., and Regi.Uatlon (effective date: November 1e, ZOOt). The amendments clarified permit to construct and 11pproval requirements for electric generating stations that are not required to receive a Certificate of Public C o nvenience and Necessity (CPCN) from the PSC before commencing construction. (See pmoovd and Final A<:tlgns ond AdAPted Begulotlgns,)

http:f/WWW.mde.state.md.uS/aboubnde/AboutMDEHome/Pagesjaboutmde/reqcomments.aspx[S/26/20111 1 :21:41 AM]

# • Page 1 of2


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

## To: Date: Debbie Rabin All County Environmental Health Directors; All County Health Officers; All MOE Field Office Personnel 5/31/201110:49 AM 

### Subject: Notice of Public Hearings Please confirm receipt CC: 

### Angelo Blanca; Horacia Tablada; Jay Sakai; Rich Eskin; Tad Abum Attachments: 

### Opacity Aniend In MD Reg 4-22-2011.pdf; Permit Clarifications NPA in MD Reg 4-22- 2011.pdf; 26-11-19-11 NPA In MD Reg 4-22-2011.pdf
MARYLAND DEPARTMENT OF THE ENVIRONMENT AIR & RADIATION MANAGEMENT ADMINISTRATION NOTICE OF PUBLIC HEARINGS The Maryland Department of the Environment gives notice of public heari ngs concern i ng proposed amendments to air quality regulations and submission of regulations to the Environmental Protection Agency (EPA) for approv al as part of Maryland's State Implementation Plan {SIP). The actions are briefly described below:



# - 1. Opacity amendments under COMAR 26.11.01 This action will amend Regulations .10 and .11 un der COMAR 26.11.01 General Administrative Provisions. The purpose ofthis action is to remove the references to Tech nical Memorandum 90·01 from the Departmenrs opadty regulations under COMAR 26.11.01.10 and COMAR 26.11.01.11 and darify that the Quality Assurance/Quality Control for Continuous Opacity Monitors (COM) is now located In COMAR 26.11.31. 2. Clarification of Permit to Construct and Permit to Operate Exemptions This action amends Regulations .01, .10 and .13 under COMAR 26.11.02 Permlb, Approvals, and.Reglstratlon. The purpose of this action is 

### to (1) darify requirements under COMAR 26.11.02.10X (Sources Exempt from Pennits to Construct and Approvals) and (2) darify what installations must obtain a State Permit to Operate under 26.11.02.13 (Sources Subject to State Pennits to Operate. 3. Uthographlc and Letter Press Printing This action will amend Regulation .11 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes to incorporate EPA's CTG for lithographic and letterpress printing into Maryland's current regulations for the control ofvolatile organic compounds (VOC). 

### The full text 

### ofthe proposed actions appeared in the Marvland Register and at htto://www.dsd.state.md.us/mdreaister/mdreaister.aspx on April 22, 2011. The Proposed Actions are also attached to this hearing notice. Please note that the date for the public hearing and end of the comment period have changed from what 

### was published In the April 22, 20111ssue of the Maa1and Realster. The corrected date Is Indicated below and will also be noted In the June 3, 20111ssue of the Marvland Realster. The technical support documents (TSOs) are available for public review on the Maryland Department of the Environment's website at the following address: htto;Uwww.mc!e.state.md.uslaboutmde/oaaes/regcommeots.aspx 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. Please malse 

## these materials available jn your 

### office fur oublic 

### review. Public hearings on the proposed actions will be held on July 11, 2011 at 10 a.m. at the Department ofthe Environment,. 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Interested persons are invited to attend and express their views. Comments may be mailed to Deborah Rabin, Regula tions Coordinator, Air and Radiation Management Administration, Department ofthe Environment, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 2123D-1720, or emailed to drabin@mde.state.md.us, or faxed to (410) 537·4223. Comments must be received not later than July 11, 2011, or be submitted at the hearing. For more information, call Deborah Rabin at (410) 537·3240.


## file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4DE4C7B4MDE
... 5/3112011

### Page 

## :2 of2 ·
Anyone need ing special accommodations at a public hearing should contact the Departmenrs Fai r Practices Office at (410) 537-3964

. TIY users may contact the Department through the Maryland Relay Service at 1-800-735-2258. 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 Settinszs\drabin\Local Settinszs\Temp\XPJZrowise\4DE4C784MDE.
.. 5/31/2011

# M~E'Reci~for COmments IJ

.. z. PSC amendment. to Regulations

.01 and

. oz. new Regulation .01, and the I'IICodlftcat:lon of axlatlng Regulation .01 to be Regulation

. 07 undw COMAR ZD.7t.D1 General (effective date: December Z8, ZOOt), These amendments clarified t llat mod lfl catj onJ to power**~!~ ants**  are w b j ect to the F ederal Clean Ai r Act

. The appropriate portions of§§ 7·205, 7·207, 7· 207

. 1 a11d 7· 208 of the**i~ ll** **c** UtLIIty C o mpani es Article of the Annotated Code of Maryland will illso be subm itted to EPA to be approved 11 part of Maryland's SIP

. (See pmpose<l and Flntl A(tlpna and Adopted BeouJattgos • Bcfevant porttons pf Annotated Codt pf MaNitnd
. J J , PSC**regut.tlo~** under COMAR Z0

. 7t
. OZ Admlnlatrat:lve Pravlalona and COMAR Z0

. 7t
. OJ Detlllle of Filing Requlremenb
-**Genen~tlng** stations. (See Begu(atlpns

. ) 4 , PSC letter bl MDI! datled January ZS, Z011 that ducrfbee the PSC prac- for making campletenue determinations for applications for new and modl"ed electric llefl8nltlng stations

. ISU Letter

. ) The full text of the MOE and PSC materlals listed above are available for public revi
- 011 the Mary land Dep artment of the envi ronment•s**webs~te** at the faltowino address: bnp •ttwww mde st•tt md usJaboutmdetpagestreocommentJ '10' These materials will illso available for review at the foll owing lociltlonst the Air and Radiation Management Administration; reQ ional otrlces of the Department I n Cumberlilnd and Salisbury ; all local air quality control otrlces ; and local health departments In those cou11ties not having separate a ir q uil lity control otrlteS

. A public hearing on submittal of the materi als descri bed above to the U

. S. EPA for approval as revisions to Maryl and'5 SI P will be held on April 131 ZD11 at 10 a . m. at the Department of the Envl ronmellt, 1800 Wash i ngton Boulevard, 1s t Floo r Conference Rooms, Baltimore, Maryland 21230·1720. l11terested persons are Invited to attend and express their views. Comme11ts may be malted to Deborah R abi n, Reguletlo ns Coordinator, Air and Radiation Management Adm ini stration,**Departmer~t** of the ! nvlron mellt, 1 800 W1shl ngton Boulevard, Suite 730, Baltimore, Maryland 21230·1720, or emailed to drab ln O mde

. state
. md

. us, or faxed to (410) 537· 4223. Comments must be received not later than April 13, 2011, or be submitted at the hearing

. For mora Informat ion, call Deborah Rabin at (410) 537-3240. Anyone needing special acx:ommodatlons at a public hearing should contact the Depilrtment's Fair Practices Otrlce at (410) 537· 3964

. TTY users may contact the Department through the Maryland Relay Service at 1·800· 735·2258

.
• Merylend Department of the l!nvlronment Proposed C:.le ndar Yeer 2011 Standerd Pennlt Application Turnaround Times

. Please diCk here · for more ltlforma t!On .**Acroba~** - IS**red** to view alt d pnnt t he PDF r. la

. II you do ,,,........ PlOt hr;e**~** dick o n the Icon to the llltht. .lllii.........

http://www

. mde

. state
. md.us/aboutmde/AboutMOEHome/Pages/aboutmdefreqcomments

.aspx(5/26/2011 11 :21:41 AM]0 • 0 •**~** 

# . .


# . \ 

# 0



# - 0

## . 

# . Page 1 of2


## Debbie Rabin
- Notice of Public Hearings
- · Please Confirm Receipt
From: 

### To: Date: Debbie Rabfn All Mlrzakhalill; Cecily Beall; Diana Esher; John 

### Benedict; Joyce Epps; Linda Janey; Michael Dowd 5/31/2011 10:48 AM 

### Subject: Notice of Public Hearings
- Please Confirm Receipt CC: 

### Chris Cripps; Cristina Fernandez; Dave campbell; David Arnold; Hal Frankford; Kathleen Cox; Marcia Spink; Marilyn Powers Attachments: 

### Opacity Amend In MD Reg 4·22-2011.pdf; Permit Clarifications NPA in MD Reg 4-22- 2011.pdf; 26-11-19-11 NPA In MD 

### Reg 4-22-2011.pdf
MARYLAND DEPARTMENT OF THE ENVIRONMENT AIR & RADIATION MANAGEMENT ADMINISTRATION NOTICE OF PUBUC HEARINGS The Maryland Department ofthe Environment gives notice of public hearings concerning proposed amendments to air quality regulations and submission of regulations to the Environmental Protection AgenCf(EPA) for approval as 

### part of Maryland's State Implementation Plan (SIP). The actions are briefly described below:



# - 1. Opacity amendments under COMAR 26.11.01 This action will amend Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provt1lon1. The purpose of this action is to remove the references to Technical Memorandum 90·01 from the Department's opacity regulations under COMAR 26.11.01.10 and COMAR 26.11.01.11 and darify that the Quality Assurance/Quality Control for Continuous Opacity Monitors (COM) is now located in COMAR 26.11.31. 2. Clarification of Permit 

### to Construct and Permit 

### to Operate Exemption• This action amends Regulations .01, .10 and .13 under COMAR 26.11.02 Permits, Approvals, and Registration. The purpose of this action is to {1) darify requirements under COMAR 26.11.02
. 10X (Sources Exempt from Permits to Construct and Approv.als) and (2) darify what installations must obtain a State Permit to Operate under 26.1 1.02.13 (Sources Subject to state Permits to Operate. 3. Lithographic and Letter Press Printing This action win amend Regulation .11 under COMAR 26.11.19 Volatile Organic Compounds from Spedftc Processes 

### to incorporate EPA's CTG for lithographic and letterpress printing into Maryland's current regulations for the conb"ol ofvolatile organic compounds (VOC). 

### The full 

## text ofthe proposed actions appeared in the Marvland Realster and at 

### htto:/fwww.dsc;t.state.md.us!mdreaister/mdreqister

.aspx on April 22, 2011. The Proposed Actions 

### are also attached 

### to this hearing notice. Please note that the data for the public hearing and end ofthe comment period have changed from what was publllhed In the April 22, 20111ssue ofthe Marvtand Reqlst:er. The corTeCted data Is Indicated below and will also be noted In theJune 3, 20111uue of the Mandand Rlalltlr. The technical support documents (TSDs) are available for public review on the Maryland Department of the Environmenrs website at the following address: http ://wyNi.OJde.state.md.ys{aboytmde/paocs/reooomments.asox The proposed actions and supporting documents are also available for review at the following locations: the I>Jr 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. Public heerlnp on the proposed ac:tionl will be held on July 11, 2011 at 10 a.m. atthe Department of the Environment, 1800 Washlngton Boulevard, 1st Floor 

### Conrerenc:e Rooms, a.ltlmore, Maryland 21230-1720. Interested persons are invited to attend and express their views

. Comments may be mailed to Deborah Rabin, Regulations Coordinator, I>Jr and Radiation Management Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230·1720, or emailed to drabln@mde

.state.md.us, or faxed to (410) 537-4223. Comments must be received not later than July 11, 2011, 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 Practlces Office at (410) 537·3964. TTY


### file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4DE4C788MDE... 5/31/2011users may contact the Department through the Maryland Relay Service at l·SOD-735·2258. 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 2 

## of2 • ·

file :/ /C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4DE4C788MDE... 5/31/20114
..**~**

.\f,uttit 0**\lt1ll~y** GOI'fl'llur AlllhOif)' G. llrou!/1 LJ. Goumor



### Ms. Debbie Rabin June 2, 2011
Regulations Coordinator, Air & 

### Radiation Management Administration Maryland Department ofthe Environment 1800 Washington Boulevard Suite 730 

### Baltimore, MD 21230-1720 STATE CLEARINCHOllSE REviEW PROCESS



### State Application Identifier: MD201105l9-0320 RJ ,-!J,ml E/Jrrharl 1(,,// Sm?lti'J' M•tllhtw}.**Po~~~tr** Drp11ty St
.. 

### rtt,,ry



### Project Description: Proposed Amendments to State Implementation Plan: Opacity amendments (COMAR 26
. 11.0 I): 

### Clarification ofPermit to Construct and Pennit to Operate Exemptions (COMAR 26
. 11
.02); 

### Lithographic and Letter Press Printing (COMAR 26
. 11.19) : 

### Public Hearings 7/ 11 / 11 

### Project Location: Maryland Clearinghouse Contact: Bob Rosenbush Dear Ms. Rabin: 

# O Thank you for submitting your project for intergovernmental review
. Partici pati on in the Maryland Intergovernmental Revi ew and oordination (MIRC) process helps ensure project consistency with plans, programs, and objectives ofState agencies ·and local governments. Notice ofyour application is bei ng provided to State and local public officials throug h the lntergovemmenta/Monitor, 

### which is 

### a database ofprojects received by the State Clea rin ghouse for Intergovernmental A ssistance. This information may be viewed at http ://planning
.ma ryb nd
.gov/ cmir cpubl ic / , The project has been assigned a unique State Application Identifier that should be used on 

### all documents and correspondence. One form is enclosed with this letter
. The "Project Status fonn" should be 

### completed and returned after you receive notice that your project was approved or disapproved. All MIRC requirements have been met in accordance with Code ofMaryland Regulations (COMAR 34.02.01.04-. 06) 

### and this concludes the review process for the above referenced project. Ifyou need assi stance or ha\'e questions, contact the State Clearinghouse staffperson noted above at 410-767

-4490 

### or through e-mail at brosenbush@mdp.state.md.us
. Thank you for your cooperation with the 

### MIRC process.

I 

### CJ:BR**nclosurc** cc : K athdccn Rlim :bury

- EPA
o i-OJ:!O

_.V

.II

.N

EII'

.cloc 

### Sincerely,

# ~t~~~ Linda C
. Janey, J.D., Assistant Secretary for Clearinghouse and Communications

JOt I IYtll P m lon St m l • Smtt lfOI • Ba/I J IIJDrr ,**Mt~l)•!.md 0J.** **JJ Of**  'ftl

tphont: -110.167
. ·1f00 • F 11 x: 410 .76." ..1-180 • 'foil F rrt

. I 877.767

. 6

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## · m · Urm: ,\-l,l')'k llld P.,/ '!1 Tl1ltrntl : Plannin J

,.'I;Iarylantl.go»

## Statement ofthe Air and Radiation Management Administration Department of the Environment for the Public Hearing Relating to Removal ofReferences to Technical Memorandum 90-01 from the Department's Opacity Regulations and Clarification of the Location ofthe Quality Assurance/Quality Control Requirements for Continuous Opacity Monitors under COMAR 26.11.31 held on July 11, 2011 Baltimore, MD My name is Deborah Rabin. I am the Regulations Coordinator for the Air and Radiation Management Administration, Department ofthe Environment. This public hearing is being held pursuant to the requirements of40 CFR Section 51.102 and Sections**2~301** 

### et. seq. ofthe Environment Article, Annotated Code ofMaryland. 

### It is also being held in conformance with the State Administrative Procedures Act under the State Government Article, beginning at Section 1 0-1 01. Notice ofthis hearing appeared in the: Maryland Register on April 22, 2011 (hearing date/end ofcomment period revision published in the Maryland Register on June 3, 2011); and MOE's website from May 26, 2011 through July 11, 2011. Copies ofthese notices were submitted for the record
. Copies ofthis proposed action and supporting documents were made available for review by the State Clearinghouse and are also submitted at this time into the hearing record. Copies were also made available for public inspection at the Air and Radiation Management Administration offices in Baltimore, Cumberland, and Salisbury, and at all local health departments or local air quality control offices. The purpose oftoday's hearing is to give the public an opportunity to comment on proposed amendments to Regulations
. 1 0 and .11 under COMAR 26.11.01 General Administrative Provisions that were published in the Maryland Register on April 22, 2011. 

## Summary The purpose ofthis action is to remove the references to Technical Memorandum 90-01 from the Department's opacity regulations under COMAR 26.11.01.10 and COMAR 26.11.01.11 and clarify that the Quality Assurance/ Quality Control for Continuous Opacity Monitors (COM) is now located in COMAR 26.11.31
. This action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part ofMaryland's State Implementation Plan
.


## 1

### Background The Department's opacity regulations include the Continuous Opacity Monitor (COM) and Continuous Emission Monitor (CEM) requirements in CO MAR 26.11.0 1.10 and .11, definitions in COMAR 26.11.09 and the requirements in COMAR 26.11
.09.05 that provide the procedures for demonstrating compliance with visible emissions requirements using COM data. This action is part ofa continuing effort by the Department to remove the applicability ofthe Department's TM 90-01 that contains the procedures for demonstrating compliance with visible emissions requirements using COM data
. Requirements These amendments are minor administrative corrections that are necessary before submitting the regulations to EPA. These amendments include: 1. In CO MAR 26.11.0 1.1

## OF, clarifying that the QA/QC for COMs is now located in new COMAR26
. 11.31. 2. Removing the reference to Technical Memorandum 90-01 by deleting COMAR 26.11.01.11 0(3). 

## Consideration ofComments The Department will consider all comments before making a decision to adopt these amendments
.

2

### 1 

### 2 

### 3 4 5 6 

### 7 8 9 

### 10 11 

### MARYLAND DEPARTMENT OF THE ENVIRONMENT AIR AND RADIATION MANAGEMENT ADMINISTRATION

PUBLIC HEARING

PROPOSED AMENDMENTS TO REMOVE REFERENCES TO TM 90-01 FROM THE DEPARTMENT'S OPACITY REGULATIONS

12 The hearing in the above matter commenced on 13 Monday, July 11, 2011, at the MDE Headquarters, 14 Montgomer y Park, 1800 Washingtqn Boulevard, Baltimore, 15 Maryland. 

### 16 17 BEFORE: KATHLEEN PERRY, Hearing Officer 18 19 Repor ted by: Linda Metcal f 20 21 

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

. net- (800) 921-5555 1

### 1 2 

### APPEARANCES


## 3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 4 

### 5 6 

### 7 8 9 

### 10 11 1 2 13 14 

### 15 16 17 18 19 20 2 1 

### KATHLEEN PERRY, Legislative Coordinator 

### DEBORAH RABIN, Regulation Development Coordinator Regulation Development Division

- 

## ARMA Maryland Depa r tmen t of the Environment 1800 Washingt o n Boulevard, Suite 730 Baltimore, Maryland 21 2 30



## For The Record, Inc. (30 1) 870-8025 - www.ftrinc.net- (800) 921-5555 2

### 1 2 

## 3 4 5 

## 6 7 8 

### 9 

### 10 11 12 

## 13 14 15 

## 16 17 

## 18 19 20 21 Speaker: Kathleen Perry Deborah Rabin :INDEX



## For The Rec ord, Inc. 4 6



## (301} 870-8025- www.ftrinc

. net- 

## (800) 921-5555 3

### 1 

### 2 3 4 

### 5 6 7 8 9 

### 10 11 12 13 14 15 16 17 18 19 

### 20 21 4 P R 0 C E E 0 I N G S



### MS. PERRY: Good morni ng. On behalf of the Department of
.the Environment and the Air and Radiation Managemen t Admin i stration, I would l i ke to welcome you to this public hearing. My name is K a th l een Perr y and I am the Legislative Coordi nato r f o r the Air and Radiation Management Administration. I will serve as hearing
o f ficer f or today's hearing. I would like to ask all o f you in attendance t oday to please si gn in, i f you haven't done so already. This will help us to keep an accurate record o f t he people who participate in the hearing. Also, copies o f
our regulation proposal, support documents, and the Department's statement are available on the table f o r your information. This hearing concerns Air Quality Regulat i ons found in the Code of Maryland Regulations, Title 26, Subtitle 11, Air Quality. The Secretary o f the Department proposes to amend Regulations .10 and .1 1 

## For The Record, Inc. 

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

## (800} 921-5555

### 1 

### 2 

### 3 4 

### 5 6 7 

### 8 

### 9 

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## under COMAR 26.11.01, General Administrative Provisions. The purpose of this hearing is to give you the opportunity to public the opportunity to comment on this action. A revision of the Opportunity for Public Comment for this proposed action appeared in the Maryland Register, Volume 38, Issue 12, Page 729 on June 3, 2011. The revision included a hearing date change and end of comment period date change. The original Opportun i ty for Public Comment section was published in the Maryland Register on April 22, 2011 (Volume 38, Issue 9, Page 562}
. The heari ng will proceed in the fo l lowing order
. First, Deborah Rabin will make a statement on behalf o f**~he** 

## Ai r and Radiation Management Administration. A f ter Ms. Rabin is finished, I will call
on any elected o fficial or governm ent official who wants to make a statement. Then, I w i ll call upon anyone else who indicated on the s i gn-in sheet that he or she would like to make a statement. Let the record reflect that nobody has shown up 

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## to comment on t hi s r e gu lation
. I will now call on Ms. R abin. MS. RABIN: Good mo r ni ng. My name is Deborah Rabin, I'm the Regul a t i ons Coordi nator for the Air and Radiat i on Management Admini stra tion. I am submitting my hearing st atement f or the record because no one has come to attend th i s public hearing.

Statement of the Air and Radiation Management Administration Department of the Environment for the Public Hearing Relating to Removal of References to Technical Memorandum 90-01 from the Department's Opacity Regulations and Clarification of the Location of the Quality Assurance/Quality Control Requirements for Continuous Opacity MOnitors under COMAR 26
. 11.31 held on July 11, 2011

·sal timore, MD 

## My nam e is D e borah Rab i n . I am t he R e gulat i on s C

oo r dina t o r f or t he Air and Radi ation M a nageme nt 

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### Administration, Department of the Environment. This public hearing is being held pursuant to 2 3 

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

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

### of Maryland. It is also being held in conformance with 6 the State Administrative Procedures Act under the State 7 Government Article, beginning at Section 10-101. 8 Notice of this hearing appeared in the: 

## 9 Maryland Register on April 22, 2011(hearing date/end of 10 comment period revision published in the Maryland 11 Register on June 

## 3, 2011); and MOE's website from May 26, 12 2011 through July 11, 2011. 13 Copies of these notices were submitted for the 14 record. 15 Copies of this proposed action and supporting 16 documents were made available for review by the State 17 Clearinghouse and are also submitted at this time into 18 19 

### 20 21 the hearing record. Copies were also made available for public inspection at the Air and Radiation Management Administration offices in Baltimore, Cumberland, and Salisbury, and at all local health departments or local 

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## 1 air qual i ty control off ices. 2 The purpose of today's hearing is to give the 3 public an opportunity to comment o n proposed amendments 4 to Regulat i ons .10 and .11 under COMAR 26.11.01 General 5 Administra t i ve Provision s that were published in the 6 Maryland Reg i ste r on Ap r il 2 2, 2011. 7 Summary 8 The purpose o f this action is to remove the 9 references to Technical Memora ndum 90-01 from the 10 Department 's opac i ty regulations under COMAR 26.11.01.10 11 and COMAR 2 6.11.01.11 and clari f y that the Quality 12 Assurance/ Quali t y Contr ol for Continuous Opacity 13 Monitors (COM) is 

## now located in COMAR 26.11.31. 14 This action will be submitted to the U.S. Environmental 15 Protection Agency (EPA) for approval as part of 16 Maryland's State Implementation Plan. 17 Background 18 The Department's opacity regulations include 19 the Continuous Opacity Monitor (COM) and Continuous 20 Emission Monitor (CEM) requirements in COMAR 26.11.01.10 21 and .11, definitions in COMAR 26.11.09 and the 

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## 1 requirements in COMAR 26.11.09.05 that provide the 2 procedures for demonstrating compliance with visible 3 emissions requirements using COM data. 4 This action is part of a continuing effort by 5 the Department to remove the applicability of the 6 Department's TM 90-01 that contains the procedures for 7 demonstrating compliance with visible emissions 8 requirements using COM data. 9 Requirements 10 These amendments are minor administrative 11 corrections that are necessary before submitting the 12 regulations to EPA. These amendments include: 13 1. In COMAR 26.ll.Oi.10F, clarify i ng th a t the QA/QC 14 for COMs is now located in new COMAR 2 6.11.31. 15 2. Removing the reference to Techn i cal Memorandum 16 90-01 by deleting COMAR 26.11.01.110(3). 17 Consideration of Comments 18 The Department will consider all comments 19 before making a decision to adopt these amendmen ts. 20 21 MS. PERRY: This will conclude the public 

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### 10 1 hearing regarding proposed amendments to Regulations
. 10 2 and .11 under COMAR 2 6.11.01, General Administrative 3 Provisions. 4 Let t he record r eflect that it is now 10:26 and 5 t his hear ing i s o f f icially concluded. 

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### CERTIFICATE OF COURT REPORTER

3 I, Linda Metcalf, do hereby certify that the 4 foregoing transcription was reduced to typewriting via 11



### 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 

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### 16 17 18 19 20 21 LINDA METCALF Court Reporter



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# NO ONE ATTENDED THE PUBLIC HEARING

AND



# NO COMMENTS WERE RECEIVED DURING THE 30-DA Y COMMENT PERIOD