(.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 of Public Hearings 

Concerning Proposed Amendments to Air Quality Regulations and Submission of Regulations 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 of the notice was at the request of Deborah Rabin, Regulations Coordinator of the Air and 

Radiation Management Administration of MOE. 

DIANA 

Attachments: 

Copy of web page as published. 

www.mde.state.md.us 

By: 

ALEGRE 

MOE Webmaster 

TTY Users 1-8(){). 735-2258 

Via Maryland Relay Serv1ce 
MOE Request for Comments 

MDE Public Meetings, Hearings and Request for Comments 

... MDI! Calend•r 

The complete listing of MOE pub ll~~; meetings and hearings I!J pottiid In tile HDr; Qlnndnr Please call or email 

contact person co 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 Amel'l(lments 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 Regulatjo111s .10 and .11 under COMAR 26,11.01 General AdmlnlstratiVI! Provisions. The purpose of 

this action Is to remove the references to Technrcal Memorandum 9D-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 Regulations .01, .10 and .13 under COMAR 26.11.02 Permits, Approval'S, and Registration. The 

purpose of this actiOn Is to (1) clarify requirements under COMAR 26.11.02.10X (Sources Exempt from Permits to 

Construct and Approvals) and (2) clarify what nstallatlons must obtain 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 COMAR 26.11.19 Volatile Organic Compounds from Spec~flc Processes to 

incorporate EPA's CTG for [lthographlc and letterpress printing Into Maryland's current regulations for the control or vola We org11nlc compounds (VOC). (See Pmoosed AaiQn.) (SM l§hnlcal Supoorf pocyment.) 

The full text of the proposed actions appe11red In the Maryland Register 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 notice. 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 Indicated 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. 

Anyone 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 Convenience 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/26/201111:21:41 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 hearings concerning proposed amendments to air quality regulations 

and submission of regulations to the Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan 

{SIP). The actions are 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 Provisions. The purpose 

of this action is to remove the references to Technical 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 of volatile organic 

compounds (VOC). 

The full text of the 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 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 

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 needing special accommodations at a public hearing should contact the Departmenrs Fair 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 tllat modlflcatjonJ to power ~!~ants are w bject to the Federal Clean Air Act. The appropriate 

portions of§§ 7·205, 7·207, 7· 207.1 a11d 7· 208 of the i~ llc UtLIIty Companies Article of the Annotated Code of Maryland 

will illso be submitted 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 Maryland Department of the 

environment•s webs~te at the faltowino address: bnp•ttwww mde st•tt md usJaboutmdetpagestreocommentJ '10' 

These materials will illso available for review at the following lociltlonst the Air and Radiation Management Administration; 

reQional otrlces of the Department In Cumberlilnd and Salisbury; all local air quality control otrlces; and local health 

departments In those cou11ties not having separate air quillity control otrlteS. 

A public hearing on submittal of the materials described above to the U.S. EPA for approval as revisions to Maryland'5 SIP 

will be held on April 131 ZD11 at 10 a.m. at the Department of the Envlronmellt, 1800 Washington Boulevard, 1st Floor 

Conference Rooms, Baltimore, Maryland 21230·1720. 

l11terested persons are Invited to attend and express their views. Comme11ts may be malted to Deborah Rabin, Reguletlons 

Coordinator, Air and Radiation Management Administration, Departmer~t of the ! nvlronmellt, 1800 W1shlngton Boulevard, 

Suite 730, Baltimore, Maryland 21230·1720, or emailed to drablnOmde.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 Information, 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:.lendar Yeer 2011 Standerd Pennlt 

Application Turnaround Times. 

Please diCk here· for more ltlformat!On. 

Acroba~ - IS red to view altd pnnt t he PDF r.la. II you do ,,,... ..... 

PlOt hr;e ~ dick on the Icon to the llltht. .lllii......... 

http://www.mde.state.md.us/aboutmde/AboutMOEHome/Pages/aboutmdefreqcomments.aspx(5/26/2011 11:21:41 AM] 
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. . 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 of the 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 26.11.02.13 (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 of volatile organic 

compounds (VOC). 

The full text of the 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 of the comment period have changed from 

what was publllhed In the April 22, 20111ssue of the Marvtand Reqlst:er. The corTeCted data Is Indicated below and will 

also be noted In the June 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. at the 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... 5/31/2011 
users 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 

1 800 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... 5/31/2011 
4 .. ~ 

.\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 of the 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 of Permit to Construct and Penn it 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: 

OThank you for submitting your project for intergovernmental review. Participation in the Maryland Intergovernmental Review and 

oordination (MIRC) process helps ensure project consistency with plans, programs, and objectives of State agencies·and local 

governments. 

Notice of your application is being provided to State and local public officials through the lntergovemmenta/ Monitor, which is a 

database of projects received by the State Clearinghouse for Intergovernmental Assistance. This information may be viewed at 

http://planning.maryb nd.gov/cmircpublic/ , 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 of Maryland Regulations (COMAR 34.02.01.04-.06) and this 

concludes the review process for the above referenced project. If you need assistance 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: Kathdccn Rlim:bury - EPA 

o i-OJ:!O _.V.II.NEII'.cloc 

Sincerely, 

Linda 

~t~~~ C. Janey, J.D., Assistant Secretary 

for Clearinghouse and Communications 

JOt IIYtll Pm lon Stm l • Smtt lfOI • Ba/IJIIJDrr, Mt~l)•!.md 0J. JJOf 

'ftltphont: -110.167.·1f00 • F11x: 410.76."..1-180 • 'foil Frrt. I 877.767.6272 • ·m · Urm: ,\-l,l')'kllld P.,/'!1 

Tl1ltrntl: PlanninJ,.'I;Iarylantl.go» 
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 

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 1 0-1 01. 

Notice of this hearing appeared in the: 

Maryland Register on April 22, 2011 (hearing date/end of comment period revision 

published in the Maryland Register on June 3, 2011); and 

MOE's website from May 26, 2011 through July 11, 2011. 

Copies of these notices were submitted for the record. 

Copies of this 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 of today's hearing is to give the public an opportunity to comment on proposed 

amendments to Regulations .1 0 and .11 under CO MAR 26.11.01 General Administrative 

Provisions that were published in the Maryland Register on April 22, 2011. 

Summary 

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 

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 of Maryland'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 of a continuing effort by the Department to remove the applicability of the 

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 of Comments 

The Department will consider all comments before making a decision to adopt these 

amendments. 

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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. 

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17 BEFORE: KATHLEEN PERRY, Hearing Officer 

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19 Repor ted by: Linda Metcalf 

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For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 

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APPEARANCES 

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KATHLEEN PERRY, Legislative Coordinator 

DEBORAH RABIN, Regulation Development Coordinator 

Regulation Development Division - ARMA 

Maryland Depa r tment of the Environment 

1800 Washingt o n Boulevard, Suite 730 

Baltimore, Maryland 21 230 

For The Record, Inc. 

(30 1) 870-8025 - www.ftrinc.net- (800) 921-5555 

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Speaker: 

Kathleen Perry 

Deborah Rabin 

:INDEX 

For The Record, Inc. 

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(301} 870-8025- www.ftrinc.net- (800) 921-5555 

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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 

Management Admini stration, I would l i ke to welcome you to 

this public hearing. 

My name is Ka thl een Perr y and I am the 

Legislative Coordi nator 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 of you in attendance 

t oday to please sign in, i f you haven't done so already. 

This will help us to keep an accurate record of 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 Regulati 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 .11 

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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 Opportuni 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 of ~he Air and Radiation Management 

Administration. Af ter Ms. Rabin is finished, I will call 

on any elected official or government official who wants 

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

who indicated on the si 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 his r e gulation . 

I will now call on Ms. Rabin. 

MS. RABIN: Good mor ni ng. My name is Deborah 

Rabin, I'm the Regula t i ons Coordi nator for the Air and 

Radiati on Management Admini stra tion. I am submitting my 

hearing statement f or the record because no one has come 

to attend thi 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 name is De borah Rabi n . I am t he Regulat i ons 

Coor dina t or f or t he Air and Radi ation Ma nageme nt 

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1 Administration, Department of the Environment. 

2 This public hearing is being held pursuant to 

3 the requirements of 40 CFR Section 51.102 and Sections 2-

4 301 et. seq. of the Environment Article, Annotated Code 

5 of Maryland. It is also being held in conformance 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 

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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 quali ty control off ices. 

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

3 public an opportunity to comment on proposed amendments 

4 to Regulati ons .10 and .11 under COMAR 26.11.01 General 

5 Administra t i ve Provisions that were published in the 

6 Maryland Regi ste r on Apr il 22, 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 opaci ty regulations under COMAR 26.11.01.10 

11 and COMAR 2 6.11.01.11 and clarif y that the Quality 

12 Assurance/ Qualit y Control 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, clarifyi ng tha t the QA/QC 

14 for COMs is now located in new COMAR 2 6.11.31. 

15 2. Removing the reference to Techni 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. 

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21 MS. PERRY: This will conclude the public 

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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 of f icially concluded. 

6 (Whereupon, the hearing was 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 

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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. 

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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