11/15/13 Maryland.govMail - RE: Notice of Public Hearing/Comment Period

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Carolyn A Jones -MDE- <carolyna.jones@maryland.gov>

RE: Notice of Public Hearing/Comment Period

1 message

Marsha Kennedy -MDE- <marsha.kennedy@maryland.gov> Thu, Nov 14, 2013 at 4:02 PM

To: John Benedict <John.A.Benedict@wv.gov>, Ali Mirzakhalili <ali.mirzakhalili@state.de.us>, Angelo Bianca

<angelo.bianca@maryland.gov>, Brian Hug <brian.hug@maryland.gov>, Cecily Beall <cecily.beall@dc.gov>,

christopher cripps <Cripps.christopher@epa.gov>, Cristina Fernandez <Fernandez.cristina@epa.gov>, Dave

Campbell <campbell.dave@epa.gov>, David Arnold <arnold.david@epa.gov>, David Talley <talley.david@epa.gov>,

Diana Esher <esher.diana@epa.gov>, Diane Franks -MDE- <diane.franks@maryland.gov>, Donna Mastro

<mastro.donna@epa.gov>, Frank Courtright <frank.courtright@maryland.gov>, George Aburn -MDE-

<george.aburn@maryland.gov>, Hal Frankford <frankford.harold@epa.gov>, Horacio Tablada

<horacio.tablada@maryland.gov>, Jay Sakai <jay.sakai@maryland.gov>, Jed Miller <jed.miller@maryland.gov>,

"Joyce E. Epps" <jeepps@state.pa.us>, Karen Irons <karen.irons@maryland.gov>, Kathleen Cox

<cox.kathleen@epa.gov>, Kathy Kinsey <kathy.kinsey@maryland.gov>, Lee Currey <lee.currey@maryland.gov>,

Marcia Spink <spink.marcia@epa.gov>, Marcia Ways <marcia.ways@maryland.gov>, Maryland Clearinghouse

<clearinghouse@mdp.state.md.us>, MDE DL All County Environmental Health Directors

<DLAllCountyEnvironmentalHealthDirectors_MDE@maryland.gov>, MDE DL All County Health Officers

<DLAllCountyHealthOfficers_MDE@maryland.gov>, MDE DL All MDE Field Office Personnel

<DLAllMDEFieldOfficePersonnel_MDE@maryland.gov>, Michael Dowd <mgdowd@deq.virginia.gov>, Mike Gordon

<gordon.mike@epa.gov>, Randy Mosier <Randy.Mosier@maryland.gov>, Robert Summers

<robert.summers@maryland.gov>, Sophia Richardson <srichardson@mdp.state.md.us>, Susan Douglas

<susan.douglas@maryland.gov>

Cc: Carolyn A Jones -MDE- <carolyna.jones@maryland.gov>, Husain Waheed -MDE-

<husain.waheed@maryland.gov>, Eddie Durant -MDE- <eddie.durant@maryland.gov>, Kathleen Wehnes -MDE-

<kathleen.wehnes@maryland.gov>

MARYLAND DEPARTMENT OF THE ENVIRONMENT

AIR & RADIATION MANAGEMENT ADMINISTRATION

NOTICE OF PUBLIC HEARINGS/COMMENT PERIODS

The Maryland Department of the Environment gives notice of public hearings/comment periods concerning the

following proposed action:

1. Amendments to Regulation .08 under COMAR 26.11.19 Volatile Organic Compounds from

Specific Processes to adopt the requirements of the EPA’s Control Techniques Guidelines (CTG) for metal

parts and products.

2. Amendments to (1) Regulation .08 under COMAR 26.11.09 Control of Fuel-Burning Equipment,

Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations; and (2) Regulations

.06 and .07 under COMAR 26.11.14 Control of Emissions from Kraft Pulp Mills. The purpose of these

amendments is to:

accurately describe the Volatile Organic Compound (VOC) control system and requirements,
11/15/13 Maryland.govMail - RE: Notice of Public Hearing/Comment Period

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incorporate existing NOx RACT requirements into this chapter,

amend the use of the word “allowance” to read “NOx Ozone Season Allowance”, and

clarify that the monitoring and reporting requirements apply to the owner of a boiler and combustion turbine

at a Kraft pulp mill.

3. Amendments to Regulation .02 under COMAR 26.11.34 Low Emissions Vehicle Program to

update the incorporation by reference to reflect the changes made to the California regulations since their last

update.

The regulatory actions listed above will be submitted to the U.S. EPA for approval as revisions to Maryland's

State Implementation Plan.

The full text of the proposed amendments will appear in the Maryland Register at http://www.dsd.state.md.us/

mdregister/ on November 15, 2013.

Technical support documents and additional information are available on the Maryland Department of the

Environment's website at the following address:

http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx

Public hearings on these actions will be held on December 18, 2013 at 10 a.m. at the Department of the

Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720.

Comments must be received by 5 pm on December 18, 2013.

For more information or to submit comments, call/e-mail/ fax:

Randy Mosier, Chief, Regulation Development Division

Air Quality Planning Program

Air and Radiation Management Administration

Department of the Environment

1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720

Telephone: (410) 537-4488

Email: randy.mosier@maryland.gov

Fax: (410) 537-4223

Randy Mosier may also be contacted to arrange for the receipt of future public hearing notices.

PLEASE NOTE THAT BEGINNING OCTOBER 1, 2014, ALL PUBLIC HEARING NOTICES REGARDING

REGULATION CHANGES WILL BE POSTED SOLELY ON THE DEPARTMENT”S WEBSITE.
11/15/13 Maryland.govMail - RE: Notice of Public Hearing/Comment Period

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--

Marsha Kennedy

MDE-ARMA Air Quality Planning Program

marsha.kennedy@maryland.gov

1800 Washington Boulevard

Baltimore, MD 21230

Phone: 410-537-4079

Fax: 410-537-4223
1

Statement of the Air and Radiation Management Administration

Department of the Environment

for the

Public Hearing Relating to

Proposed Amendments to Regulation .02 under COMAR 26.11.34 related to

Low Emissions Vehicle Program 

held on December 18, 2013

Baltimore, MD

My name is Justin Mabrey. I am an engineer in the Mobile Sources Control Program 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 10-101.

Notice of this hearing appeared in the:

Maryland Register on November 15, 2013;

MDE's website from October 30, 2013 to December 18, 2013;

Baltimore Sun on November 15, 2013; 

Saint Mary's Enterprise on November 15, 2013;

Frederick News-Post on November 15, 2013;

Cecil Whig on November 15, 2013;

Salisbury Daily Times on November 15, 2013;

Cumberland Times-News on November 15, 2013; and the

Washington Post on November 14, 2013. 

Copies of these notices were submitted for the record.

Copies of the proposed amendments and supporting documents were made available 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 the 

proposed amendments to Regulation .02 under COMAR 26.11.34. 

Summary

This proposed action is the administrative action necessary for Maryland’s program to 

remain consistent with the California program as required by Section 177 of the Clean Air Act. 
2

The Maryland Clean Cars Act of 2007 required the Maryland Department of the 

Environment (MDE) to adopt regulations implementing the California Clean Car Program. The 

MDE’s 2007 implementing regulations adopted the applicable California regulations through 

incorporation by reference. The California program is a dynamic, changing program. This 

proposed action updates the Maryland regulations with changes that have occurred to the 

California program since they were last updated in 2012. 

These amendments update Maryland’s program requirements to be consistent with 

California’s program requirements. This action is necessary since many of the California 

regulations that are incorporated into the Maryland regulation have been updated. 

Summary of Proposed Changes

The individual regulatory changes can be grouped into 2 areas:

 Non-substantive changes to the heavy-duty on-board diagnostics (HD-OBD) and OBD II 

standards.

 Allowing compliance with the National greenhouse gas (GHG) standards to satisfy the 

requirements of California’s GHG standard.

Economic Impact 

Minimal additional burden or cost is expected as a result of these amendments. The 

changes to the GHG component will help manufacturers meet the more stringent requirements. 

The GHG changes provide manufacturers the ability to comply with California’s regulations, for 

MY 2017-2025, through meeting the National GHG standards; much like the current regulation 

allows MY 2012-2016 compliance through meeting the National program. This will help 

streamline the reporting requirements for manufacturers and reduce the regulatory burden for 

them. 

Emissions Benefits

The OBD related changes to the regulations will not impact the program’s emissions

benefits. Allowing compliance with the National GHG program to satisfy compliance with the 

California (and thus Maryland’s) program requirements may have a small impact on the benefits.

The emissions impact is expected to be insignificant since the National GHG program was 

developed in coordination with California and was designed to minimize differences in program 

requirements that ultimately impact the emissions benefits. Once the National program takes 

effect nationwide, all vehicles sold in the country will produce fewer GHG emissions, not just 

those sold in California and the other Clean Car states. Any benefit loss associated with this dual 

compliance mechanism will likely be recovered as these national vehicles travel through 

Maryland and enter the fleet through other means (used car sales, resident relocations, etc.)
3

Maryland’s State Implementation Plan (SIP)

These amendments will be submitted to the EPA as a revision to Maryland’s State 

Implementation Plan. 

Consideration of Comments

The Department will consider all comments on the amendments before making a decision 

to adopt these amendments.
MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard  Baltimore MD 21230 

410-537-3000  1-800-633-6101 

 Robert M. Summers, Ph.D. Secretary 

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

 Via Maryland Relay Service 

 

Martin O’Malley 

Governor 

Anthony G. Brown 

Lieutenant Governor 

 November 15, 2013 

CERTIFICATE OF PUBLICATION 

This is to certify that the “Maryland Department of the Environment (MDE) Notice of Public 

Hearing/Comment Period Concerning the Following Proposed Actions to Amendments to Regulation .08 

under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes”, "Amendments to (1) 

Regulation .08 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Installations; and (2) Regulations .06 and .07 under 

COMAR 26.11.14 Control of Emissions from Kraft Pulp Mills", and “Amendments to Regulation .02 under 

COMAR 26.11.34 Low Emissions Vehicle Program” was published on MDE’s web site on October 30, 

2013 and it remained posted on the site until close of business December 18, 2013. The notice in full with 

links to supporting documents may be found in the following web address: 

http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx

Web publication of the notice was at the request of Carolyn Jones, P.E., Regulatory and Compliance Senior 

Engineer of the Air and Radiation Management Administration of MDE. 

 By: 

 Joseph E. Herb, Jr. 

 MDE Webmaster 

 

Attachments: 

Copy of web page as published. 

 MARYLAND DEPARTMENT OF THE ENVIRONMENT

 1800 Washington Boulevard  Baltimore MD 21230

 410-537-3000  1-800-633-6101  www.mde.state.md.us

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

Via Maryland Relay Service

Robert M. Summers, Ph.D.

Secretary

 

Martin O’Malley

Governor

Anthony G. Brown

Lieutenant Governor

NO COMMENTS WERE RECEIVED

DURING THE 30-DAY COMMENT PERIOD













 MARYLAND DEPARTMENT OF THE ENVIRONMENT

 1800 Washington Boulevard  Baltimore MD 21230

 410-537-3000  1-800-633-6101  www.mde.state.md.us

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

Via Maryland Relay Service

Robert M. Summers, Ph.D.

Secretary

 

Martin O’Malley

Governor

Anthony G. Brown

Lieutenant Governor

NO ONE ATTENDED THE PUBLIC HEARING