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MARYLAND DEPARTMENT OF THE ENVIRONMENT 

MDE 

1800 Washington Boulevard. Baltimore MD 21230 

410-537-3000 .1-800-633-6101 

Robert L. Ehrlich, Jr. 

Governor 

Michael S. Steele 

Lt. Governor 

Mr. Donald Welsh 

Regional Administrator (3RAOO) 

U.S. Environmental Protection Agency 

Region III 

1650 Arch Street 

Philadelphia PA 19103-2029 

Dear Mr. Welsh: 

DEC -1 2003 

KendI P. Philbrick 

Acting Secretary 

The purpose of this letter is to submit copies of State Implementation Plan (SIP) Revision 

# 03-11 concerning (1) the repeal of the 350,000 Btu per hour cut-off under COMAR 

26.11.02.10D for fuel burning equipment burning solid fuel because it could be interpreted as 

being inconsistent with the prohibited size cutoff under COMAR 26.11.09.04, and (2) adoption 

of a lower cutoffleve1 for internal combustion engines under COMAR 26.11.02 .10E from 

1000 HP to 500 HP. This SIP Revision includes amendments Regulation .10 under COMAR 

26.11.02 Permits, Approvals, and Registration. 

The Notice of Proposed Action for these amendments was published in the Maryland 

Register on August 8, 2003 and a public hearing was held on September 10, 2003. The action 

was adopted on October 28, 2003 and will become effective on November 24, 2003. All 

administrative procedures were properly followed throughout the adoption process. 

If you have any questions concerning this SIP Revision, please feel free to call me at 

(410) 537-3084 or have a member of your staff call Mr. Thomas Snyder, Director, Air and 

Radiation Management Administration, at (410) 537-3255. 

KPP:dhr 

Enclosures 

cc: Judith Katz 

Thomas Snyder 

Sincerely, 

(Cad r. -cfd�t 

Kendi P. Philbrick 

Acting Secretary 
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FINAL ACTION ON REGULATIONS 1653 

Title 12 

DEPARTMENT OF 

PUBLIC SAFETY AND 

CO ECTIONAL SERV ES 

Subtitle 04 LICE TRAINING 

12.04.01 Gener Regulations 

Authority: Public Safety 

Maryland 

3·226-FI 

On October 10, 2003 he Secret 

Correctional Service adopted amen 

.19 under CO 2.04.01 General ations. This 

action, which w proposed for adoption 1 30:17 Md. R. 

1222 - 1226 ( gust 22, 2003), has been a ted as proposed. The p. posed amendments to Regulatio .07 and 

.12 are not eing adopted at this time. 

Elfec . e Date: November 24, 2003. 

MARYAN 

Secretary of Public Safety and Correctional Servic 

Title 26 

DEPARTMENT OF 

THE ENVIRONMENT 

I03·217·FI 

On October 21, 2003, e S tary of the Environment 

adopted amendments to: 

(1) Regulation .01 un 

Administrative Provis· us; 

(2) Regulations. and .14 

General Emissio tandards, 

strictions. 

der COMAR 28.11.06 

hibitions, and ReThis action, 

Md. R. 1091 

proposed. 

'ch was proposed for option in 30:16 

1093 (August 8, 2003), has B n adopted as 

Effec ve Date: November 24, 2003. 

KENDL P. PHIL ICK 

Acting Secretary of the Environment 

V' Subtitle 11 AIR QUALITY 

26.11.02 Permits, Approvals, and Registration 

Authority: Environment Article, §§1.101. 1·404, 2·101-2-103, 

2-301-2-303,2401, 2-403, and 2-404, 

Annotated Code of Maryland 

Notice of Final Action 

I03·222·FI 

On October 28, 2003, the Secretary of the Environment 

adopted amendments to Regulation .10 under COMAR 

28.11.02 Permits, Approvals, and Registration. This action, which was proposed for adoption in 30:16 Md. R. 

1093 - 1094 (August 8, 2003), has been adopted as proposed. 

Effective Date: November 24, 2003. 

KENDL p, PHILBRICK 

Acting Secretary of the Environment 

Subtitle 11 AIR QUALITY 

Notice of Final Action 

103·216-FI 

On ctober 28, 2003, the Secretary of the En . ent 

adopted endments to: 

(1) ation .02 under COMAR 28.11.06 neral 

Emission tandards, Prohibitions, and rictions; 

(2) Re tion .04 under COMAR 28.11.0 Control of 

Incinerators; 

(3) Regula n .05 under COMAR 28. .09 Control of 

Fuel-Burning uipment, Station Internal Combustion Engines, d Certain Fuel- urning Installations; and 

(4) Regulation.O under CO 28.11.10 Control of 

Iron and Steel Produ tion Inst tions. 

This action, which w propo d for adoption in 30:16 

Md. R. 1094 - 1095 (Augu t 8, 003), has been adopted as 

proposed, 

Effective Date: Novemb 

Sub' Ie 11 AIR QUA ITY 

otice of Final Action 

I03-219·F] 

On Octobe 21, 2003, the Secretary of the nvironment 

adopted am dments to: 

(1) ation .08 under COMAR 28.11.09 ntrol of 

Fuel-B 'ng Equipment, Stationary Intern Com· 

bustio Engines, and Certain Fuel-Burning hi talla· 

tions' and 

) Regulations .01 and .03 under COMAR 28.1 17 

uirements for M1Qor New Sources and Modific 

MARYLAND REGISTER, VOL. 30, ISSUE 23 FRIDAY, NOVEMBER 14, 2003 
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PROPOSED AC'nON ON REGULATIONS 1093 

.11.06 General Emission Standards, Prohltlons, and Restrictions 

A 

.12 Control 0 

A person may 

to be constructed, 

��;', , or operate, or cause 

a Prevention of Sigdefined in COMAR 

tion of any provi-

.Acting 

KENDLP. CK 

Secretary of the En'ironm t 

Subtitle 11 AIR QUALITY 

26� 11.02 Permits, Approvals, and Registration 

Authority, Envinment Article, 1§1-101, .1-404, 2-101 -2-103, 

2-301-

�ted 

2-303, 2--401, J.08, and 2-404, 

Code of Maryland 

Notice of Proposed Action 

103-22P] 

Regulation 

The SecretarY of the Environment proposes to amend 

.10 under COMAR 211.11.02 Permits, Approvala, and Registration. 

Statement ofPurpoae 

The purpose of this action is to: 

regulation 

(1) Delete the 350,000 Btu per hour cutoff in §D of the 

for fuel burning equipment burning solid fuel because it could be interpreted to be inconsistent with the prohibited size cutoff in COMAR 26.11.09.04; and 

(2) Lower the cutoff level for internal combustion engines in IE of the regulation from 1,000 HP to 500 HP. 

Protection 

This action wil be submitted to the U.S. Environmental 

Plan. 

Agency as a revision to the State Implementation 

Ba�und: 

fuel burning equipment below the 350,00

 Btu cutoff level hove been constructed without a permit to construct as provided in the cur

t ID of the regulation. When 

some of this equipment began to operate, however, the Department received complaints from area residents regarding amoke and odors. The owners of the equipment incorpermit, 

rectly asumed that since the equipment did not require a 

i.e., the equipment was less than 350,00 Btu per 

hour, no otber air pollution requirements apply. However, 

there is no language in the cur

nt regulations that exempts air pollution sources from requirements on the basis 

that they are not required to obtain a permit to construct. 

Emissions standarde and other requirements apply to 

fuel burning equipment of any size. When the Department 

adopted the prohibition requirements in COMAR 

26.11.09.04, it recognized that when "dirty" fuels such as 

coal, wood, or residual oil are burned, control equipment 

staJling 

would be necessary to meet applicable requirements. Incontrol equipment on small installations, however, 

may not be cost efve. For that reason, the Department 

established the size cutoffs in COMAR 26.11.09.04. The prohibited sizes, 13,000,000 and 35,000,000 Btu, are significantly higher than the ID cutoff for permite because they 

were set at a level below which it is not usually cost effective to meet applicable requirements. 

For internal combustion engines, the Department wil 

lower the cutoffrom 1,00 HP to 500 HP. The 500 HP cutoff 

level wil

 enable the Departinent to establieh permit conditions on smaller equipment that wil

 lower the engine's p0-

tential to emit. Requiring registration of existing engines 

and a permit to construc for new engines at the 500 HP 

level wil provide more information to the Department on 

the development of emiseion standards for internal combustion engines that have relatively high NO. emissions. 

Compariaon to Federal Standards 

There is no corponding federal standard to this proposed action. 

Estimate of Economic Impact 

L Sum of EeoDOJDic Impaot. Sources tbat operate existiDg internal combustion ensin .. with a capacity between 500 liP 

aod 1,00 HP wil be required to complete registratioo of the units. 

The procedures to register multiple equipment or equipment at 

multiple Bites wil be greatly simplified to miDinliz paperwork and 

the coat should be minjmal. 

engiDeo 

It is estimated 

betwe

 50

 HP 

tbat app1icatiooo for 12 new intemal combustion 

aod 1,00

 liP wil

 be received each year. 

The tota1 coot for tbe 12 app1icatio

 including a $500 permit fee for 

aach engine end consultant assi.tance will be approximately $30,00

. 

The Department wil review applicatioo and issue permite witb 

existing otalf. 

D. Tn-of 

BcODOlc Impaet. 

A. On io

 agency: 

B .. On otber State 8jlOI1Ci: 

C. On local govermnete: 

D_ On regulated induotrieo or 

Revenue 

(R+IR

Expenditure 

-) 

(E+IE-) 

(R-t) 

NONE 

NONE 

Benefit (+) 

Cost (-) 

Magnitude 

$6,00

 

Magnitude 

trade p-olpa: (-) $30,000 

E. On otbar industrieo or trade 

p-olpa: NONE 

F. Direct aod indirect et'fecte on 

public: (+) Undeterminable 

from Sectio n.) 

m ANumptio .. (Identified by Impact Letter and Number 

A. The Department wil

 receive $500 each for 12 additional permit to co

truct aplications. 

D. The regulated sources wil pay $24,00 to colluitants to asoiot in preparing four permit applications plus $6,000 in permit 

f ... 

F. This action wil help to improve Maryland'. air quality and 

wil 

from air 

reou1t in fewer negstive healtb eft'ecte on tbe general public 

pollution. 

MARYLAND REGISTER, VOL. 30, ISUE 1. FRIDAY, AUGUST .. 20 
1094 PROPOSED ACTION ON REGULATIONS 

Economic Impact on Small Busine ... 

The proposed action has minimal or no sconomic impact 

on small businesses. 

Opportunity for Public Comment 

The Department of the Environment wil hold a public 

hearing on the proposed action on September 10, 2003 at 10 

a.m. at 1800 Washington Boulevard, 1st Flo Terra Conference Room, Baltimore MD 21230. Interested persons are invited to attend 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, Baltimore MD 

21230, or cal (410) 537-3240, or fax to (410) 537-4223, or 

email to drabin@mde.state.md.us. Comments must be received not later than September 10, 2003, or be submitted 

at the hearing. For more information, cal Deborah Rabin at 

(410) 537-3240. 

Copies of the proposed action and supporting documente 

are available for review at the following locations: The Air 

and Radiation Management Adminisi;ration; regional ofces 

of the Department in Cumberland and Salisbury; al

 local 

air quality control officeS; and local health departments in 

those counties not having separ!lte air quality control offices. 

Anyone needing special accommodations at the public 

hearing should contact the Department's Fair Practices Office at (410) 537-3964. TDD users may contact the Department through the Maryland Relay Service at 711. 

.10 Source. Exempt from Permita to Construct and 

Approvals. 

A person may construct or modify or cause to be constructed or modified any of the following sources without 

first obtaining, and having in curt ef, a permit to construct: 

A. - C. (text unchanged) 

D. [Fuel-burning equipment using solid fuel with a best 

input of less than 350,000 Btu (0.37 gigajoule) per hour;] 

Repealed 

E. Stationary internal combustion engines with an output less than [1,000 brake horsepower (746 kilowatt)] 500 

brake horsepower (373 kilowatts) [operating less than 2,00 

hours par year and al stationary internal combustion en. 

gines with less than 500 brake horsepower (373 kilowatt); 

for sources that instal more than ODS stationary internal 

combustion 

tions do not 

engine 

apply 

over 

if the 

a 

total 

5-year 

potential 

period, 

to 

the 

amit 

above 

emissions 

exempfrom the engines instal

ed over the 5-year period exce 

the major source threshold as defined in Regulation .OIC of 

this chapter;] and which are not used to generate ekctricity 

for sale or for peak or load shaving; 

F. -X. (text unchanged) 

Acting 

KENDL P. PHILBRICK 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

Notice of Pro'Dpo :tie..-­

[03-2" 

The Secretary 0 vironment proposes to amend: 

(1) on .02 under 28.11.08 General 

• on Standarda, Prohibition d Restrictions; 

(2) Reguiation.M under COMAR 28.11. ntrolof 

Incinerators; 

(3) Regulation.06 under COMAR 28.11.09 Control 

on Engines, and Certain Fuel-Burning . 

el-Burning Equipment, Stationary Internal C 

(i)a:gulation .03 under COMAR 28.11.10 Con • . 

Iro and Ste ProdDctlon Instaltions. 

�JlO' 

Statement of Purpose 

of this action is to clarify the gene 

requirements and the visible emissio 

. tiona. 

erators, fuel burning equipment, an 

bseJrviI emissions recorda the 

, for example, the total 

'F-I"U 

obeerver wil make a 

the highest consecutive 

portunity for Public Comment 

The Dep ent of the Environment wil hoi a public 

hearing 0 the proposed action on September 10, 2 

a.m. at 1 Washington Boulevard, 1st Floor 1l!rra 

, Baltimore MD 21230. Interested persons 

attend and expres

 their views. Comments ay be 

Deborah Rabin, Regulations Cotor, . and 

Ra· . 

on Management Administration, Department 0 the 

En . ent, 1800 Washington Boulevard, Baltimore 

212 , or cal

 (410) 537-3240, or fax to (410) 537-4223, r •.. e 

. to drabin@mde.state.md.us. Comments must be 

ceO ed not later than September 10, 2003 or be submitted a 

MARYLAND REGISTER, VOL 30, ISSUE 18 FRIDAY, AUGUST 8, 20 
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MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard. Baltimore MD 21230 

MDE 410-537-3000· 1-800-633-6101 

Robert L. Ehrlich, Jf. 

Governor TECHNICAL SUPPORT DOCUMENT 

Amendments to COMAR 26.11.02.10 Regarding 

Permit to Construct Requirements 

Purpose of this Action 

The purpose of the amendments to COMAR 26.11.02.10 is to: 

KendI P. Philbrick 

Acting Secretary 

(1) Delete the 350,000 Btu per hour cut-off in Section .IOD for fuel burning 

equipment burning solid fuel because it could be interpreted to be inconsistent 

with the prohibited size cutoff in COMAR 26.11.09.04; and 

(2) Lower the cutoff level for internal combustion engines in COMAR 26.11.02 

.IOE from 1000 HP to 500 HP. 

This action will be submitted to the U.S. Environmental Protection Agency as a revision to the 

State Implementation Plan. 

Background 

Small fuel burning equipment below the 350,000 Btu cutoff level have been constructed 

without a permit to construct as provided in the current § IOD. When some of this equipment 

began to operate, however, the Department received complaints from area residents regarding 

smoke and odors. The owners of the equipment incorrectly assumed that since the equipment 

did not require a permit, i.e., the equipment was less than 350,000 Btu per hour, no other air 

pollution requirements apply. There is no language in the current regulations, however, that 

exempts air pollution sources from requirements on the basis that they are not required to obtain 

a permit to construct. 

Emissions standards and other requirements apply to fuel burning equipment of any size. 

When the Department adopted the prohibition requirements in COMAR 26.11.09.04, it 

recognized that when "dirty" fuels such as coal, wood, or residual oil are burned, control 

equipment would be necessary to meet applicable requirements. Installing control equipment on 

small installations, however, may not be cost effective. For that reason, the Department 

established the size cutoffs in COMAR 26.11.09.04. The prohibited sizes (13 and 35 million 

Btu) are significantly higher than the §.1O D cutoff for permits because they were set at a level 

• below which it is not usually cost effective to meet applicable requirements. 

� Recycled Paper www.mde.state.md.us 1TY Users 1-800-735-2258 

Via Maryland Relay Service 
. 

For internal combustion engines, the Department will lower the cutoff from 1,000 HP to 

500 HP. The 500 HP cutoff level will enable the Department to establish permit conditions on • 

smaller equipment that will lower the engine's potential to emit. Requiring registration of 

existing engines and a permit to construct for new engines at the 500 HP level will provide 

more information to the Department on the development of emission standards for internal 

combustion engines that have relatively high NOx emissions. 

Technology 

Fuel Burning Equipment Burning Solid Fuel 

Removing the size cutoff (350,000 Btu) for fuel burning equipment burning solid fuel 

means that all new equipment of any size must obtain a permit to construct before construction. 

COMAR 26.11.29.04, however, prohibits and has prohibited since 1972, the construction of 

units less than 13 MMBtu in Areas I, II, V, and VI and 35 MMBtu for Areas III and IV. All 

requirements, including requirements for particulate matter, visible emissions, SOx, and NOx, 

apply to fuel burning equipment of any size. Although the technology is available to comply 

with requirements, the cost of control is prohibitive for small installations. A permit could be 

issued to a source that is below the prohibited size but proposes to meet applicable emissions 

standards. 

Emergency Generators 

The amendment requires existing 500 HP and larger units to be registered and new units • 

to obtain a permit to construct because they have the potential to become major NOx sources. 

Internal combustion engines of this size burning diesel fuel have significantly higher NOx 

emissions than conventional fossil fuel fired equipment. It has also been determined that 500 HP 

units or larger could operate more frequently than for emergency use to generate electric energy. 

The permit to construct for new units will include conditions that limit the hours of operation. 

Although there are no specific NOx emissions standards for these units at this time, the 

Department expects to promulgate a regulation in the near future that will require tune-up and 

testing. Future emission standards would be established based on the results of the testing. 

Affected Sources 

Manufacturers and vendors of fuel burning equipment and emergency generators will be 

affected by these amendments. Also owners of large buildings, services industries, and 

municipal, state, and federal facilities particularly sources that are located in areas where solid 

fuel is available and is the least expensive fuel. 

Economic Impact 

Sources that operate existing internal combustion engines with a capacity between 500 

HP and 1,000 HP will be required to complete registration of the units. The procedures to 

2 

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register multiple equipment or equipment at multiple sites will be greatly simplified to 

minimize paper work and the cost should be minimal. 

It is estimated that applications for 12 new internal combustion engines between 500 

HP and 1,000 HP will be received each year. The total cost for the 12 applications including a 

permit fee for each engine and consultant assistance will be approximately $30,000. This 

includes a $500 permit fee for each application and consultant assistance for preparing permit 

applications at $6,000 each. 

The Department will review applications and issue permits with existing staff. 

L:\AQPlanning and Monitoring\Regulation Development Division\Technical Support Documents (General)\26-11-02-tO Emergency Generators -

TSD.doc 

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l�g�1 Notices 265 
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Ad 11' 100736 

Class 820' 

Name MD DEP ENV AIR/RAD MGMT ADMIN 

PO 11 NOTICE Authorized by D. RABIN 

Size 202 lines 

Account 410537329731 

PROOF OF PUBLICATION 

T0021 

• lI

�post 

District of Columbia, ss., Personally appeared before me, a Notary Public in and for the 

said District, Donna M. Banks well known to me to be Billing & Verification Assistant Manager 

of The Washington Post, a daily newspaper published in the City of Washington, 

District of Columbia, and making oath in due form of law that an advertisement containing 

the language annexed hereto was published in said newspaper on the dates mentioned in the 

certificate herein. 

I Hereby Certify that the attached advertisement was published in 

The Washington Post, a daily newspaper, upon the following date at a cost of $719.12, 

and was circulated in the Washington metropolitan area. 

Account 410537329731 

j 

Published 1 time. Date: Aug 7, 2003 

---------- ���----�� -------

.. � •• ., Oond .,., O???' � 0' fJ-ufU 

20 il 

9f 

res ___________________________________ __ 

MARYLAND DEPARTMENT OF THE ENVIRONMENT !IRlN«IL ..

... AIR & RADIATION MANAGEMENT ADMINISTRATION NOINirflUlJc_iOfMl NOTICE OF PUBLIC HEARINGS If

COlCWEXPiRfS IJMlI

 

• The Maryland Department of the Environment gives notice of pub1ic ings 

concerning proposed amendments to air quality regulations. The proposed 

amendments are briefly described below: 

• 

(1) Amendments to Regulations .01 under COMAR 26.11.01 General 

Administrative Provisions and Regulations .12 and .14 under COMAR 

26.11.06 General Emission Standards, Prohibitions, and Restrictions to (a) 

update the definition and reference to PSD in COMAR 26.11.01 and 

26.11.06.14 so that they cite the 2002 edition of the CFR; (b) update the 

definition of VOC in COMAR 26.11.01 so that it cites the 2002 edition of 

40 CFR Sec. 51.100(s); (c) update the definition of NSPS sources in 

COMAR 26.11.01 so that it cites the 2002 edition of the CFR; and (d) 

update the definition of NESHAP sources in COMAR 26.11.01 and include 

the source categories for which MACT standards have been adopted up 

to July 1, 2002; 

(2) Amend Regulation .10 under COMAR 26.11.02 Permits, Approvals, and 

Registration to (a) delete the 350,000 Btu per hour cut-off in Section .10D 

for fuel burning equipment burning solid fuel because it could be 

interpreted to be inconsistent with the prohibited size cutoff in COMAR 

26.11.09.04; and (b) lower the cutoff level for internal combustion 

engines in COMAR 26.11.02.10E from 1000 HP to 500 HP; 

(3) Amend Regulation .02 under COMAR 26.11.06 General Emission Standards, 

Prohibitions and Restrictions, Regulation .04 under COMAR 26.11.08 

Control of Incinerators, Regulation .05 under COMAR 26.11.09 Control of 

Fuel-Burning Equipment, Stationary Internal Combustion Engines, and 

Certain Fuel-Burning Installations, and Regulation .03 under COMAR 

26.11.10 Control of Iron and Steel Production Installations to clarify the 

general visible emissions requirements and the visible emissions 

exceptions for incinerators, fuel burning equipment, and iron and steel 

installations; 

(4) Amend Regulation .08 under COMAR 26.11.09 Control of Fuel-Burning 

Equipment, Stationary Internal Combustion Engines, and Certain 
2 Ad # 100736 

Class 820' 

Name MD DEP ENV AIR/RAn MGMT ADMIN 

PO # NOTICE Authorized by D. RABIN 

Size 202 lines 

Account 410537329731 

Fuel-Burning Installations and Regulations .01 and .03 under COMAR 

26.11.17 Requirements for Major New Sources and Modifications. The 

redesignation of the Washington, D.C. ozone nonattainment area from 

1I"serious"1l to ""severe"" requires certain regulations to be amended to 

conform to federal requirements. The requirements in the Washington 

area will now be identical to requirements in the Baltimore and Cecil 

County severe ozone nonattainment areas; 

(5) Repeal Regulations .01 - .14 under COMAR 26.11.27 Post RACT 

Requirements for NOx Sources (NOx Budget Program) and Regulations .01 

- .13 under COMAR 26.11.28 Policies and Procedures Relating to 

Maryland's NOx Budget Program because the NOx Budget Program has 

been suspended by the NOx SIP Call under COMAR 26.11.29 and 

26.11.30; 

(6) Amend Regulation .09, under COMAR 26.11.29 NOx Reduction and Trading 

Program to (a) require affected trading sources to secure allowances at 

the end of the ozone season (November 30) of each year, and (b) clarify 

that the five percent set aside ppol will continue beyond the 2005 ozone 

season; and 

(7) Amend Regulation .01 under COMAR 26.11.32 Control of Emissions of 

Volatile Organic Compounds from Consumer Products to clarify the 

Department's enforcement policy relative to the sale of a non-complying 

consumer product by a retailer. 

The full text of these proposals will appear in the Maryland Register on 

August 8, 2003. 

Except for the NESHAP and NSPS amendments, all actions will be submitted 

to the U.S. Environmental Protection Agency (EPA) as revisions to Maryland's 

State implementation Plan (SIP). 

Public hearings on the proposed actions will be held on September 10, 2003 

at 10:00 a.m. at 1800 Washington Boulevard, 1st Floor Terra Conference 

Room, Baltimore, MD 21230. 

Interested persons are invited to attend and express their views. Written 

comments may be mailed to Deborah Rabin, Regulations Coordinator, Air & 

Radiation Management Administration, Department of the Environment, 

1800 Washington Boulevard, Baltimore, MD 21230. Comments may also be 

submitted via e-mail to drabin@mde.state.md.us. Comments must be 

received no later than September 10, 2003 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 the following locations: The Air & 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. 

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 711. 

ANGELO BIANCA 

Deputy Director 

Air & Radiation Management Administration 

T<1022 

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Acct. #: 

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CERTIFICATE OF PUBLICATION 

From wife ltirellerick News-Jost • Frederick, MD 

IA dD\OL\4S Invoice#: \\S\1 �\eA Amount:\\3JQ.ag 

'800 PUBLIC NOTICES 

The Maryland Dept. of the 

Environment gives notice 

of public hearings ""'­

cernlng proposed amendments to air quality regulatIona. The proposed 

amendn'!antl al'l briefly 

described below: 

NSPS sources in COMAA 

26.11.01 so that It cites the 

2002· edition of the CFR; 

and (d) update the definition of NESHAP sources in 

COMAR 26.1"1.01 and include the source CB18g0-

riea for which MACT 

standards have been 

adopted up to July 1. 

S�d:I"·Bg&£M"I���r1 

2002; 

:Ag . 

permrta ApproyalA and! 

AflCllstratlon to (a) delete ' 

the 350,000 Btu per hour 

cut-off in Section .100 for 

fuel buming, equipment 

burning solid fuel because 

11 could be interpreted to 

be inconsistent with the 

prohibited size cutoff in 

COMAA 26.11.09.04; and 

(b) tower the cutoff level 

for internal combustion engines in COMAR 

26.11.02.10E from 1000 

HP1oSOO HP; 

Frederick, MD A Lvj' �, 

. 

20 03 

This is to certify that the annexed tL 'Ce: 

was published in The Frederick News-Post which was published 

in Frederick County on the following dates: 

Washington D.C. 

ozone nonattalnment area 

from "serious� to "severe" 

requires certain regulations to be amended to I conform to federal require- , 

menta. The requirements 

in the Washington area will 

now be identical to requirements In the Baltimore and Cecil County 

sever ozone nonattainment areas: 

A � "6, l}QOo 

The Frederick N�st 

pe�c1Y1�1 

S�d�rBSS1R"I�r1 :: 

NQx ReductIon and TradI in� Pe1ram to (a) require 

a act trading sources to 

'I' secure allowances at the 

end of the ozone season 

(November 30) of each 

year, and (b) clarify that 

the five percent set aside 

pool will continue beyond 

the 2005 ozona season; 

and 

"the full text ot these pro- : 

I

, posale will appear In the i 

Maryland Reglmc on August 8, 2003 .• 

Except for the NESHAP 

Bnd NSPS amendments, 

all Betlona wfll be submitted to the U.S. Environment Protection Agency 

(EPA) as revisions to 

Maryfand's State Implementation Plan (SIP). 

Public Hearinga on the \ proposed actlona will be 

hekl on September 10. 

2003 at 10:00a.m. at 1800 

WBlhlngton Boulevard. 1M 

Floor Terra COnference I' 

Room, Baltimore. MD , 21230. 

Interested person are invited to attend and express 

their views. Written comments may be mailed to , 

i Deborah Rabin, Regula-' 

, tlons Coordinator, Air & 

Radiation Management 

Administration, Department of the Environment, 

1800 Washington Boulevard, Baltimore, MD 

21230. Comments may also be submitted via a-mail 

to drabjn@mdastaterodyll 

Comments must be received no later than September 10, 2003 or be 

submitted at, the hearing. 

For more intonnatlon, call 

I Deborah Rabin (410)537-

1

3240. 

! Copies at the proposed 

action and supporting 

documents are available 

for review at the following 

locations: The Air & Radiation Management Adminis­

, tratton; regional offices of 

i 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. 

Anyone needing special 

accommodations at the 

public hearing should contact the Department's Fair 

Practices Office (410)537-

3964. TTY uses may contact the Department 

through the Maryland Relay Service at 711. 

ANGELO BIANCA 

Deputy Director 

Air & Radiation Mgmt Adm 

August 8, 2003 
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THIS IS TO CERTIFY THAT THE ANNEXED 

Notl� of- Pubiit.> n€.GInnc;S 

Was published In The Cumberland Times-NeW. 

A newspaper printed In the City of Cumberland 

On the follQwlng date : . 

Au '(voi.

 8, � 00.3 

The Tlmes'ind Alleganlan Co., Publishers 

BY.� .. �'0

 

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qfJ1etteN� 

COUNTY-WIDE CIRCULATION 

MDE44142 

MDE/AIR & RAD. M6MT ADMIN-ENT 

DEBORAH RABIN 

1800 WASH. BLVD., STE. 703 

SAL TIHORE ,MEl 

• 

1200 Quince Orchard Blvd. 

Gaithersburg, MD 20878 

Phone (30 () 670-2544 

Remit To: 7 Industrial Park Drive 

Waldorf, Maryland 20602 

(30 () 645-9480 

ISSUE DATE: 08/14/03 

CUSTOMER·S ORDER NO.: 1283947 

ORDERED BY: 

DESORAH7 390 

LEGAL INVOICE r 21230-1720 

PlEASE DETACHAND RETURN WITH REMITTANCE 

------- - ---------- ------- ------ - - - ----

CERTIFICATION OFPUBUCATION 

THIS iMEW.!'sg IS TOGERTlI'Y'11iATTHI!ANNeXEDt:EGAlADVER11SEMENTHAS BEEN PUBUSHED IN THE 

. . _ __ FOR THE NUMBER OF INSERTIONS INDICATED IN THE INVOICE BELOW. 

HE ' 

BY ��� 

S Iii 

HI n IH!(n.lr�1. 'tilll . ,II. It .� l'� l ! U!J hI! IiI UJ. lii� ;1'�:lU I ! i I . · lfl!� h. Ira: 16r9�:t 'Jr 

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MDEIARMA 

1800 Washington Blvd 

Baltimore, MD 21 230 

Dear Sir/Madame: 

THE DAILY AND SUNDAY TIMES 

DELMARVA'S LARGEST NEWSPAPER 

P.O. Box 1937 

SALISBURY, MARYLAND 21802-1937 

PHONE: 410-749-7171 

FAX: 410-543-8736 

Here is the Certification of Publication for your ad that was run 8/8, '03 

Sincerely, 

�U� r (ALegal Classifieds, Ext. 220 

CERTIFICATION OF PUBLICATION 

8/8/03 

We hereby certify that the annexed 

Air Quality Regulations 

Was Published on 8/8, '03 in THE DAILY TIMES 

l1t7)4 � 6ft e Q Daily U<t;j Time Q � 
ADMINISlI

AnON 

NOTICE OF PUBLIC HEARINGS 

TI'S MD Dept, 01 the EnvIrOnment glvel notICe of �ubllc n���:�� 

::etnlng proposed amenctmenfl to OIr quality regulOtlO il I :lmendmenfJ are briefly d8SCllbed belOw: 

:1) 

(2) 

(3) 

,4) 

tn. 

(6) 

,.) 

(7) 

be amended to conform to fed· 

the Wcst'llngtOn area 'NIl now be 

BaltImOre and Cecil County seyele 

, 

TNt ful text Of th_ pt'opQICIlI WI QpP40r In me MgNlMr! IiM!Vr 

AugtAJ a. 2IXl3. 

l1xc:ept tot the NiSHAP ond NSPS amendments. al actiON wi ..

 ", .• 

ted to the U.S. inVlronmentai Protection Agenc:v (EPA) QI /9v1$101'\1 to 

land's Stota �h Plan (SIp). 

Public heof\ngI on tne propol actions WI be MId on �g:=���; I 2003 at 10.00 a.m. at 'BIXl Washington Boulevard, 1. FIo

 er 

Room, Baltimore. MD 21230. 

Anyone nedlng special occormlOdons Of tria public: hearing ",oUld 

confact the Oeporln"S Fair P'ocficec Ofce at (4'0) 537-3964. TTY '.1 

r:ntl'I contoc:f the Department thtOugh 'he Maryland � SeMc:. at 711. 

KPT 8/8. '03 

ANGELO BIANCA 

Deputy Director 

AI' I �dlQtlon Mgrnt Adm. 

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Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the 

Public Hearing Relating to 

Amendments to COMAR 26.11.02.10 D and E 

held on September 10, 2003 

Baltimore, MD 

My name is Parker Dean. I am Chief of the Regulation Development Division of 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 10-10 1. 

Notice of this hearing appeared in the: 

Maryland Register on August 8, 2003; 

Baltimore Sun on August 8, 2003; 

Saint Mary's Enterprise on August 8, 2003; 

Cumberland Times-News on August 8, 2003; 

Frederick News-Post on August 8, 2003; 

Salisbury Daily Times on August 8, 2003; and the 

Washington Post on August 7, 2003. 

Copies of these notices were submitted for the record. 

Copies of the proposed amendments 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 amendments 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 

proposed amendments to COMAR 26.11.02.10 D and E 

Summary 

Regulation 26.1 1.02.10 D relates to the construction of small fuel burning equipment 

burning solid fuel. The amendment deletes the size cutoff below which a permit-to-construct is 

not required because it was being misinterpreted and it was inconsistent with the prohibited sizes 

for solid fuels under COMAR 26.11.09. Although new equipment with a capacity of at least 

350,000 Btu per hour required a permit, COMAR 26.1 1.09 prohibited the construction of new 

units with a capacity below 13 in the metropolitan areas and 35 million Btu in the rural counties. 

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The amendment to regulation .10 E lowered the size of an emergency generator requiring • 

a permit from 1,000 brake horse power to 500 brake horse power. Generators with a capacity of 

500 brake horse power could have a significant potential to emit. The amendment enables the 

Department to establish permit conditions to limit the potential emissions. 

State Implementation Plan Revision 

These amendments will be submitted to the U.S. Environmental Protection Agency as a 

revision to Maryland's State Implementation Plan. 

Consideration of Comments 

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

amendments. 

L:IAQPlanning and MonitoringlRegnlation Development DivisionlHearing MaterialslHearing Statements126·11·02·10 re ICE's· 

Hearing Stmt.doc 

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M ARYLAND DEPARTMENT OF T HE ENVIRONMENT 

Re : 

AMENDMENTS TO COMAR 26 . 1 1 .0 2. 10 

PERMITS , APPROVALS , AND 

REGISTR ATION 

The hearing in the above-enti tled matter 

commenced on Wednesday, September 10, 20 0 3 , commencing at 

1 0 : 22 a . m., at the Maryland Department of the 

Environment, Terra Conference Room, 1800 Washington 

Boul evard, Bal ti more , Mar yland , 21 230-1720. 

Reported and Transcribed by: Deborah Turner, CVR 

For The Record , Inc. 

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C O N T E N T S 

On Be half of the Maryland De par tment of the Environment: 

DEBORAH RABIN, REGULATIONS COORDINATOR 

Air and Radia ti on Management D ivision 

Mar yland Department of the Environment 

1800 Washing ton Boulevard, Suite 730 

Bal timore , Maryland 21 23 0 -17 20 

410-5 37-4 4 14 

For The Record , Inc. 

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Waldorf , Maryland 206 02 

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PRO C E E DIN G S 

MS . RABIN: Good morning . On behal f of the 

Department of the Environment and the Air and Radiation 

Management Admini stration, I would like to welcome you to 

this p ublic hearing . My name is Deborah Rabin and I am 

the Regulations Coordinator for the Air and Radiation 

Management Administration . I will serve as hearing 

o fficer for today's hearing . 

I would like to as k all of you in attendance 

today to please s ign in, if you haven't done so already. 

This will help us to keep an acc urate record of the 

people who participate in the hearing . Also , copies of 

our regulat ion proposal , s upport doc uments, and the 

Department 's s tatement are avai lable on the table for 

your information . 

This hearing concerns air qual ity regulati ons 

fo und in the Code of Maryland Regulat ions , Title 26 , 

subtitle 11 Air Qualit y. The Secretary of the Department 

proposes to amend Regulation .1 0 under COMAR 26 . 11.0 2 

Permits, Approvals and Registrations . 

The purpose of this hearing is to give you the 

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opportunit y to comment on this action . The opportunity 

for publ ic comment for this proposed action appeare d in 

the Maryland Register, Volume 30 , Issue 16, Page 1 0 94 on 

August 8th, 20 0 3. 

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The hearing will proceed in the fol lowing order . 

First , Mr . Parker Dean will make a statement on behalf of 

the Air and Ra diation Manage ment Administration. After 

Mr . Dean is finishe d, I wi ll cal I on any elected official 

or government official who wants to make a statement . 

Then I will call upon anyone else who indicated on the 

sign -in sheet that he or she woul d l ike to make a 

statement . 

When giving your statement , please come up 

front , i dentify yourself and your affi liat ion and g ive 

your statement l ou dly and clearl y. Are t here any 

questions? I wi ll now calI on Mr . Dean . 

MR . DEAN: My na me is Parker Dean. I am Chief 

of the Regulation Develop ment Divis ion of the Air and 

Radiation Manage ment Administration , Depart ment of the 

Environment . 

This public hearing is being held pursuant to 

t he requirements of 40 C FR Section 5 1. 102 and Sections 2-

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301 et sequel of the Environmental Article, Annotated 

Code of Maryland. It is also being held in conformance 

with the State Administrative Proce dures Act under the 

State Government Article , beginning at Section 10-10 1 . 

Not ices of this hearing appeare d in the Maryland 

Register , Baltimore Sun, St . Mary's Enterprise , 

Cumberland Ti mes-News , Fre deric k News -Post and Sali sbury 

Daily Ti mes on August 8th, 20 03 and the Washington Post 

on August 7th, 20 0 3 . Copies of these not ices were 

submitted for the record. 

Copies of the proposed a mendments 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 amendments 

and supporting documents were ma de available for publ ic 

inspection at the Air and Radiation Manage ment 

Administration offices in Baltimore , Cu mberland and 

Salisbury , and at all local health depart ments and local 

air qual ity control offices . 

The purpose of today's hearing is to give the 

public an opportunity to comment on the propose d 

a mendments to COMAR 26. 1 1 . 0 2. 10D and E. Regulation 

For The Record, Inc. 

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26 . 1 1 . 02. 1 0D relates to the construct ion of small fuel -

burning equip ment burning solid fue l . The a mendment 

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deletes the si ze cutoff below whi ch a permit to construct 

is not require d be cause it was being mi sinterpreted and 

was inconsistent with the prohibite d si zes for solid 

fuels under COMAR 26 .11 . 0 9. 

Although new equipment with a capacity of less 

than 35 0 , 000 Btus per hour require d a permit, COMAR 

26 . 1 1.0 9 prohibited the const ru ction of new units with a 

capacit y below 13 mil l ion Btus in the metropolitan areas 

and 35 mil l ion Btus in the rural count ies. 

The a mendment to Regulation . 1 0E lowers the si ze 

of an e mergency generator requiring a permit from 1 , 000 

brake horsepower to 500 brake horsepower. Generators 

with a capacit y of 500 brake horsepower could have a 

signifi cant potent ial to e mit . The a mendment enables the 

Depart ment to e stabl i sh permit condit ions to limit the 

potent ial e mi ssions. 

The se a mendment s wi ll be sub mitted to the United 

States Environmental Prote ction Agency as a revi sion to 

Maryland's State I mplementat ion Plan . The Depart ment 

wi ll consi der all comment s before making a decision to 

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a dopt these a mendment s. 

MS . RABIN: Would anyone like to comment on this 

proposed action? Yes. 

MR . HEARN: Yes, I would. J. L. Hearn , 

Washington Suburban Sanitary Commission. Real l y, my 

statement is one of a couple of questions for you . In 

reading through the technical support document I see that 

the Permit to Construct envisions a li mitation on the 

hours of operation . And the Commission's generators are 

for exactly e mergency operations and it could be whenever 

there's a power failure from the normal source of power . 

So how in the world woul d a li mit on those 

operations be structure d that would al low us to meet the 

intent of instal ling the generator in the f irst p lace ? 

MR. DEAN: Okay. You ask the question for the 

record and then I 'll give you the answer later . 

MR . HEARN : Okay. Secondly, the regulat i on a lso 

envisions future e missions standards and indicates that 

would be base d on test ing . And again, the question is 

would that testing be require d as part of registra t ion or 

permit for these initial generators that would be 

installed after the effective date of these regulations 

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if t hey become e ffective as proposed? 

MS . RABIN: Okay . Are you finishe d or woul d you 

like to a dd some more ? 

MR . HEARN: No . That 's it . 

MS . RABIN: Woul d anyone else l ike to comment on 

this proposed action? 

Howard. 

MR . HOWARD: Yes, I woul d. My na me is Paul L. 

Good morning . I 'm Paul L. Howard of Verizon 

Corporate Services Corporation . I 'm responsible for 

managing environmental compl iance issues in Maryland as 

well as D . C . , Delaware and West Virginia for Verizon 

Communications companies with the exception of Veri zon 

Wireless . 

My comments are in reference to the proposed 

changes to COMAR 2 6. 1 1.02 . 1 0, Section E, re ducing t he 

permitt ing require ments for stationary inte rnal 

combustion engines from 1 , 000 to 500 brake horsepowe r . 

And for t he rest of this I 've referre d to these as 

generators rather than internal combustion engines. 

First , I 'd like to express appreciat ion to the 

Depart ment for l istening to the public comment at l ast 

year's meeting on the topic and moving to a more 

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reas onable permitting level than was previously prop osed. 

This wi ll significantly re duce a burden on our 

bus iness which we est imated last year would require us to 

register 93 exi sting diesel-p owere d generat ors and permit 

perhaps a dozen more engines a year than the current 

prop osal . 

If the current prop osed regulation was in place 

now at 500 brake horsepower Verizon Maryl and, Inc ., woul d 

be require d to permit generat or installations at seven 

l ocati ons rather than three that must be permitted under 

the existing 1 , 000 brake horsepower threshol d under this 

year's c onstruction program in our c ompany. 

Certainl y, no bus iness or organi zat ion 

install ing generat ors wel c omes the a dditional c ost or 

t ime require d to c omply with stricter regulation. Given 

this prop osed regulat ion's requiring f our more permits 

from our organizat ion, versus the twelve estimated f or 

the entire state in the Depart ment 's impact statement , we 

bel ieve the i mpact ma y be understated and result in a 

greater workl oad to state permitting pers onnel than was 

estimated in the documents . 

We are c oncerned that the prop osed regula tion 

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change will exacerbate a situation with s mall 

s tandb y/emergenc y electrical generator installations in 

Maryl and that is very business unfriendl y. 

We feel very strong l y that the Depart ment of the 

Environment and the Public Service Commission shoul d 

cooperate and re move the requirement for entities to 

obtain a waiver of a PSC Cert ificate of Public 

Convenience or Necessit y before MDE wi ll accept a Permit 

to Construct application . 

We believe it appropriate for PSC to establish a 

threshol d, perhaps three megawatts or 3 , 000 KW l evel 

generator , with no power transferre d to the commercial 

electrical trans mission grid, below which no CPCN waiver 

is necessary for MDE to accept a permit appli catio n. 

Requiring businesses and other organizat i ons to 

appl y separatel y to two di fferent state agencies appears 

to us to be an inefficient use of government and 

regulated co mmunit y reso urces . 

The requirement to obtain a CPCN waiver before 

permitting by MDE with the re duce d brake horsepower 

threshold of the proposed regulati on, wi ll add a dditional 

cost and time burdens for ent ities instal l ing relat ively 

For The Record, Inc . 

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s mall generators , and is not included in t he Depart ment 's 

cal culat ion of t he cost of t his proposed regulation 

change. 

We bel ieve t hese costs s hould be included and 

are , in fact, higher t han t he cost of preparing an MDE 

Permit to Construct appli cation, because of t he nee d to 

exchange documents with a facility' s commercial ele ctri c 

power distribution company in a ddition to t he PSC 's 

waiver appli cation processing fees . 

Again, we reiterate our bel ief t hat t he 

involvement of two state agencies for permitt ing of s mall 

generators is an inefficient use of government resources 

and burdensome to t he regulated community. 

In t he past year , MDE has included permit 

con di tions t hat woul d appear to pre clude t he 

parti cipation of entities install ing generators from 

parti cipating in electri c load curtai l ment or loa d 

response agree ments with a faci l ity' s commercial electri c 

power suppl ier . 

Load curtailment / load response agree ments allow 

an entity to drop off t he commercial power gri d and 

ut ilize t heir generators at t he supplier or independent 

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syst em operator , such as PJM , request , when the electric 

grid is stressed by excessive demand or other factors 

threatening service interruptions to electric customers , 

or at Verizon ' s opt ion in the case of the l oad response 

program . 

The recent Northeast/Midwest blackout and severe 

thunderstorm damage to electrical distribution faci l ities 

in much of Maryland point out the advantages of allowing 

load curtailment generator runs , which the current 

proposed regulat ion could further j eopardize if 

restrictive permit conditions are continued . 

We believe that permits should allow 

participation in l oad curtai lment/load response programs 

because of the obvious public safety aspects of 

maintaining a reliable electric supply parti cularly when 

some of the burden can be mitigated with existing 

resources. Thank you . 

MS . RABIN : Thank you very much . Would anyone else 

l ike to comment on this proposed action? Let the record 

show that no other comments were made . This wi ll 

conclude the publ ic hearing regarding proposed amendments 

to Regulation . 1 0 under COMAR 2 6. 1 1.02 Permits, Approvals 

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and Registrations . 

Let the record reflect that it is now 1 0 : 32 and 

this hearing is officially concluded . 

(Whereupon, the hearing was 

concluded at 10:32 a .m . ) 

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CERTIFICATE OF REPORTER 

I, Deborah Turner, CVR, do hereby certify that 

the foregoing proceedings were electronically recorded by 

me via aUdiotape and reduced to typewriting under my 

supervision; that I am neither counsel for, related to, 

nor employed by any of the parties to the action in which 

these proceedings were transcribed; that I am not a 

relative or employee of any attorney or counsel employed 

by the parties hereto, nor financially or otherwise 

interested in the outcome in the action . 

DEBORAH TURNER , CVR 

My commission expires : 02/01/2006 

For The Record , Inc . 

603 Post Office Road, Suite 309 

Waldorf , Maryland 2 0 602 

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Debbie Rubin - Air regulation comments -< 

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From: 

To: 

Date: 

Subject: 

Ms. Rabin: 

<paul.l.howard@verizon.com> 

<drabin @mde.state.md.us> 

9/1 0103 8:51AM 

Air regulation comments 

Attached are comments I will present at this morning's public meeting. 

looking forward to seeing you at 1 0. 

(See attached file: Comment on amendment to COMAR 26.doc) 

Paul L. Howard, CFM, CHMM 

301 -236-8366 (Voice) 301 -236-8797 (fax) 202-542-31 28 (pager) 

Email: paul.l.howard@verizon.com 

Verizon Internal eWeb: http://hr.verizon.com/job/6060_environment.shmtl 

Manager-DC, DE, MD, WV 

Verizon Environment Management 

1 31 01 Columbia Pike, Rm. 2138 

Silver Spring, MD 20904-5248 

Page 1 I 
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Debbie.Rabin - Comment on amendment to COMAR 2S.doc 

-, 

Comment on amendment to COMAR 26.11.02.10 (E) for public meeting 9/10/2003 

Comment by: 

Paul L Howard, CFM', CHMM2 

Manager - Environment 

Verizon Corporate Services Corp. 

13 101 Columbia Pike, Rm. 213B 

Silver Spring, MD 20904-5248 

301-236-8366 

Email: pauLLhoward@verizon.com 

Good Morning. I am Paul L Howard, of Verizon Corporate Services Corporation. I am 

responsible for managing environmental compliance issues in Maryland (also DC, DE and WV) 

for Verizon Communications' companies, with the exception ofVerizon Wireless. 

My comments are in reference to the proposed changes to COMAR 26.1 1.02.10 section E., 

reducing the permitting requirements for stationary internal combustion engines from 1000 to 

500 brake horsepower. 

First, 1'd like to express appreciation to the Department for listening to the public comment at 

last year's meeting on this topic, and moving to a more reasonable permitting level than was 

previously proposed. This will significantly reduce a burden on our business, which we 

estimated last year would have required us to register ninety three existing diesel powered 

generators, and permit perhaps a dozen more engines a year than the current proposal. 

If the current proposed regulation change was in place now (500 BHP), Verizon - Maryland Inc. 

would be required to permit generator installations at seven locations, rather than the three that 

must be permitted under the existing 1000 BHP threshold under this year' s construction program. 

Certainly, no business or organization installing generators welcomes the additional cost and 

time required to comply with stricter regulation. Given this proposed regulation's requiring four 

more permits from our organization, vs. the twelve estimated for the entire state in the 

department's impact statement, we believe the impact may be understated and result in a greater 

workload to state permitting personneL 

We are concerned that the proposed regulation change will exacerbate a situation with small 

standby / emergency electrical generator installations in Maryland that is very business -

unfriendly. We feel very strongly that the Department of the Environment and the Public Service 

Commission should cooperate and remove the requirement for entities to obtain a waiver of a 

PSC Certificate of Public Convenience or Necessity before MDE will accept a "Permit to 

Construct" application. We believe it appropriate for PSC to establish a threshold, perhaps three 

megawatts / 3000KW generator, with no power transferred to the commercial electrical 

transmission grid, below which no CPCN waiver is necessary for MDE to accept a permit 

application. Requiring businesses and other organizations to apply separately to two different 

state agencies appears to us to be an inefficient use of government and regulated community 

resources. 

Page 1J 
Debbie Rabin - Comment on amendment to COMAR 26.doc 

The requirement to obtain a CPCN waiver before permitting by MDE, with the reduced brake 

horsepower threshold of the proposed regulation, will add additional cost and time burdens for 

entities installing relatively small generators, and is not included in the Depattment' s calculation 

of the cost of this proposed regulation change. We believe these costs should be included, and 

are in fact, higher than the cost of preparing an MDE "Permit to Construct" application, because 

of the need to exchange documents with a facility's commercial electric power distribution 

company, in addition to the PSC's waiver application processing fees. Again, we reiterate our 

belief that the involvement of two state agencies for permitting of small generators is an 

inefficient use of government resources and burdensome to the regulated community. 

In the past year, MDE has included permit conditions that would appear to preclude the 

participation of entities installing generators from patticipating in electric load curtailment I load 

response agreements with a facility' s commercial electric power supplier. Load curtailment I 

load response agreements allow an entity to drop off the commercial power grid, and utilize their 

generator(s) at the supplier's or Independent System Operator's (pJM) request, when the electric 

grid is stressed by excessive demand or other factors threatening service interruptions to electric 

customers, or at Verizon's option in the case of the load response program. 

The recent Northeast I Midwest blackout, and severe thunderstorm damage to electric 

distribution facilities in much of Maryland, point out the advantages of allowing load curtailment 

generator runs, which the current proposed regulation could further jeopardize if restrictive 

permit conditions are continued. We believe that permits should allow participation in load 

curtailment I load response programs, because of the obvious public safety aspects of maintaining 

a reliable electric supply, particular when some of the burden can be mitigated with existing 

resources. 

'CFM - Certified Facility Manager 

2CHM - Certified Hazardous Materials Manager 

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DEPARTMENT OF THE ENVmONMENT 

AIR AND RADIATION MANAGEMENT ADMINISTRATION 

RESPONSE TO COMMENTS 

for the 

PUBUC HEARING held on September 10, 2003 

in BALTIMORE, MD 

related to Proposed Amendments to COMAR 26.11.02.10 concerning Sources Exempt from 

Permits to Construct. 

Purpose of Hearing: The purpose of the public hearing was to allow for public comment on the 

Department's proposal to amend COMAR 26.11.02.10 D and E. 

Date and Location: The public hearing was held on September 10, 2003 at 10:00 a.m., at 1800 

Washington Boulevard, lSI Floor Terra Conference Room, Baltimore MD 21230. 

Hearing Officer: Deborah Rabin, Regulations Coordinator, Air and Radiation Management 

Administration, served as Hearing Officer. 

Attendance: The following interested parties attended the hearing: 

Paul Howard, Verizon 

Bruce Norton, PEPCO 

Tim Henderson, Rich & Henderson 

J.L. Heam, Washington Suburban Sanitary Commission (WSSC) 

Andrew Kays, Northeast Maryland Waste Disposal Authority 

Statement: The Department's statement was submitted into the record by Mr. Parker Dean, Chief 

of the Regulation Development Division of the Air and Radiation Management Administration, 

Department of the Environment. 

Comments Received: Comments were received from Paul Howard representing Verizon. 

Comments and Responses: The comments received by the Department during the 30-day comment 

period and at the public hearing that relate to the proposed action have been summarized and the 

Department's responses are given below. 

1. COMMENT: The Department underestimated the economic impact of lowering the size 

of the emergency generator requiring a permit from 1000 horsepower to 

500 horsepower and it will have a greater impact on the Department. The 

economic impact should also include the cost to obtain a waiver from the 

Public Service Commission (PSC). 

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RESPONSE: The economic impact was based on a review ofthe number of permits issued 

by the Department during the past few years with an adjustment for the lower 

size. The Department does not expect any significant increase in the number 

of application due to: (1) the time involved in obtaining a waiver from the 

PSC for the smaller units, (2) federal new engine requirements, and (3) 

potential state regulations for existing units. Although the Department 

reviews from 60 to 90 permit applications each month, review of a few 

additional applications will not have any significant impact on the 

Department. 

The estimated economic impact relates to the cost of obtaining a permit to 

construct for engines with a capacity between 500 and 100 brake 

horsepower. The cost associated with complying with federal requirements 

or those of another State agency are usually not considered. 

2. COMMENT: The Department should work with the PSC to establish a reasonable cutoff below which a waiver is not necessary for new emergency generators. 

RESPONSE: PSC requirements relating to a certificate (CPCN) or a waiver are based on 

State law. The PSC, however, is considering a proposal that would, if 

adopted, establish a small engine size cut-off for a waiver. Any changes to 

those requirements would require a change in the law. Although the 

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Department has submitted comments to the PSC regarding diminimus • levels for emergency generators, the Department has no authority over the 

requirements of another State agency. 

3. COMMENT: The Department should not establish permit conditions that preclude a 

source from the use of emergency generators for load curtailment or load 

response programs. 

RESPONSE: The primary purpose of permit conditions that limit the hours of operation 

of an emergency generator is to lower the potential to emit. The operating 

conditions of an internal combustion engine, particularly the high 

temperature, cause potential NOx emissions to be extremely high. Without 

limiting the hours of operation the potential emissions from an engine 

could be subject to more restrictive requirements under major new source 

review. 

Although the purpose of the proposed amendment is to establish a size 

cut-off for permits and registration, the Department would be concerned if 

most emergency generators were to operate for non- emergency purposes. 

Specifically, as NOx is a precursor to the formation of ground level ozone, 

NOx emissions from emergency generators could exacerbate ambient 

ozone concentrations during peak ozone months and thereby contribute to 

a violation of the federal ambient ozone standard. 

4. COMMENT: Would future testing of emergency generators be required as part of the 

registration or permitting of the engines that would be installed after the 

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effective date of this amendment ? 

RESPONSE: Testing of emergency generators will be required under a separate 

regulation. The testing will be perfonned for existing engines before and 

after combustion optimization. The infonnation (test results) will be used 

to establish a NOx emission standard. At this time there are no testing 

requirements or emission standards that would apply during registration or 

when applying for a permit. 

L:\AQPlanning and Monitoring\Regulation Development Division\Response to Comments\Amendments to 26-11-02-10 D & E. 

RTC.doc 

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