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

410-537-3000 • 1-800-633-6101

Martin O'Malley

Governor

Anthony Brown

Lt. Governor Robert M. Summers, Ph.D. Secretary

Kathleen Kinsey Deputy Secretary



# State of Maryland Lead (Pb) Infrastructure State Implementation Plan

SIP Number 12-09

December 12, 2012

Prepared for: U.S. Environmental Protection Agency

Prepared by: Maryland Department of the Environment

## This Page Left Intentionally Blank

## TABLE OF CONTENTS

Background .......................................................................................................................... 1

Required SIP Information .................................................................................................... 2

Certification ......................................................................................................................... 5

Emission limits and other cont rol measures: § 110(a)(2)(A) ...........................................................5 Ambient air quality monitoring /data system: § 110(a)(2)(B) ..........................................................6 Program for enforcement of co ntrol measures: § 110(a)(2)(C) ......................................................8 Interstate transport: § 110(a)(2)(D) ...................................................................................................8 Adequate resources: § 110(a)(2)(E) .................................................................................................10 (E) (ii) Boards

............................................................................................................................... ......11 (E) (iii) Reliance on local units of government ...............................................................................12 Stationary source monitoring systems: § 110(a)(2)(F) ...................................................................12 Emergency powers: § 110(a)(2)(G ...................................................................................................13 Future SIP revisions: § 110(a)(2)(H) ...............................................................................................13 Nonattainment area requi rements: § 110(a)(2)(I) ..........................................................................13 Consultation with government officials: § 110(a)(2)(J) .................................................................14 PSD and visibility protection: § 110(a)(2)(J) ..................................................................................15 Air quality modeling/data: § 110(a)(2)(K) ......................................................................................15 Permitting fees: § 110(a)(2)(L) .........................................................................................................16



### Additional Information on Lead (Pb) Monitoring ............................................................. 17

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

410-537-3000 • 1-800-633-6101

Martin O’Malley

Governor

Anthony G. Brown

Lieutenant Governor Robert M. Summers, Ph.D. Secretary

Kathleen Kinsey Deputy Secretary

MARYLAND CERTIFICATION

CLEAN AIR ACT SECTION 110(A) (2)



## Background

A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and maintain the primary and secondary Nationa l Ambient Air Quality Standards (NAAQS). The SIP contains regulations, s ource-specific requirements, non-regulatory items such as plans and inventories, and other types of submittals designed to satisfy requirements promulgated by the U.S. Environmental Protection Agency (EPA). The initial SIPs for states were approved on May 31, 1972. SIPs may be revised by the state with EPA approval. The federally enforceable SIP for the State of Maryland is co mpiled under 40 CFR Part 52 Subpart V.

Section 110(a) of the federal Clean Air Ac t requires that each SIP provide for the implementation, maintenance, and enforcement of the NAAQS. This section also requires that within three years of the promul gation of a NAAQS, a state must adopt and submit such a plan to EPA. These “infrastructure SIPs” provide assu rances of state resources and authorities, and where necessary establish the basic state programs, to implement, maintain, and enforce new or

revised standards. This document summarizes where the §110(a) (2) re quirements for the 2008 revised lead NAAQS are addre ssed in Maryland’s current SI P or pending SIP revisions.

This certification addresses Mary land's obligations under §§110(a )(2) of the Clean Air Act for the following National Ambient Air Quality Standards:

Lead : A revised NAAQS for lead was promulgated by EPA on October 15, 2008. This rule establishes a primary ambien t air quality standard of 0.15 μg/m 3 on a rolling threemonth average basis and a secondary sta ndard equal to the primary standard.

The basic infrastructure requirements of §§110(a)(2) are listed on the following pages.

MD Lead Infrastructure SIP Page 1

## Required SIP Information

States should, in consultation with EPA Regional Offices, refer to applicable EPA regulations governing SIP submittals per 40 CFR Part 51. These regulations include, but are not limited to:

- Subpart I – Review of Ne w Sources and Modifications - Subpart J – Ambient Air Quality Surveillance - Subpart K – Source Surveillance - Subpart L – Legal Authority - Subpart M – Intergov ernmental Consultation - Subpart O – Miscellaneous Plan Content Requirements - Subpart P – Protecti on of Visibility ( Not applicable for Pb ) - Subpart Q – Reports

Specifically, each State should include documenta tion demonstrating a correlation between each infrastructure element and an equivalent State st atutory or regulatory authority in the existing or submitted SIP. A complete submittal, at minimum, is a letter from an appropriate State official ( e.g., Governor or designee) certifying compliance with each element which has gone through state notice and hearing procedures. Furthermore, the State should provide a specific description of how compliance with each element is achieved.

For many infrastructure SIP elements, a SIP submittal should refer to and include citations to relevant state regulations. See, e.g. , EPA guidance below regarding elements (F), (H), (J), and (M). For EPA's general criteria for SIP subm ittals, refer to 40 CFR Part 51, Appendix V; "Criteria for Determining the Completeness of Plan Submissions. SIP submittal should include a copy of the actual regulation that the state is submitting for a pproval and incorporation by

reference into its SIP.

If a state believes that its existing approved in frastructure SIP is adequate, then the state's SIP submission may be a certification that the existing SIP contains pr ovisions addressing all requirements of the section 110(a) (2) infrastructure elements as applicable for the 2008 Pb NAAQS. Such certification (e.g., in the form of a letter to EPA from the Governor or her/his designee) should cite the applicable provision s in the existing SIP and provide a specific description of how compliance w ith each element is achieved.

Two elements identified in sect ion 110(a)(2) are not governed by the 3-year submission deadline of section 110(a)(1). The elements pertain to part D, in title I of the CAA, which addresses plan requirements for nonattainment areas. Therefore, the following section 110(a)(2) elements are considered by EPA to be outside the scope of in frastructure SIP actions: (1) section 110(a)(2)(C) to the extent it refers to pe rmit programs (known as "nonattain ment new source review") under part D; and (2) section 110(a)(2)(I) in its en tirety. EPA does not exp ect infrastructure SIP submittals to include regulations or emission limits developed specifically for attaining the

relevant standard. Those submittals are due at th e time the nonattainment area planning elements are due (18 months fo llowing designation).

MD Lead Infrastructure SIP Page 2Except as described above, subsections (A) th rough (M) of section 110( a)(2) set forth the infrastructure elements that a SIP should address, in order to be approved by EPA. The elements are presented below in contex t of the 2008 Pb NAAQS. The in frastructure SIP submission

should include a list or table referencing all Pb emission reduc tion measures adopted and relied on by the state to meet other CAA requirements, such as maintenance of the 2008 NAAQS.

EPA would not expect infrastructure SIP submi ssion to identify nonattainment emission controls.

Emissions limitations and other control measures to attain the 2008 NAAQS in areas designated nonattainment for the 2008 Pb NAAQS are due on a different schedule from the section 110

infrastructure elements and will be reviewed and acted upon through a separate process. However, the infrastructure SIP submission shoul d include a list or table referencing all Pb emission reduction measures adopted and relied on by the state to meet other CAA requirements, such as maintenance of the 2008 NAAQS.

To meet section 110(a)(2)(C) requirements for this NAAQS, the SIP submitted should:

• Reference relevant state and federal regulations that provide for enforcement of Pb

emission limits and control measures.

• Identify the various state regulations that govern permitting of new and modified stationary sources (minor and major) of Pb in the state.

• Revise its PSD program regulations to addr ess any applicable EPA amendments to Pb PSD rules within 3 years from the date of such amendments.

Section 110(a)(2)(D)(i) provides fo r SIPs to include provisions prohibiting any source or other type of emissions activity in one state from contributing signi ficantly to nonattainment, or interfering with maintenance, of the NAAQS in another state. (The preceding requirements, from subsection (2)(D)(i)(I), re spectively refer to what may be ca lled prongs 1 and 2.) Further, this

section directs SIPs to include provisions prohibiting any s ource or other t ype of emissions activity in one state from interfering with measur es required to prevent significant deterioration of air quality, or from interfering with measures required to protect visibility ( i.e. , measures to address regional haze) in any state. (The preced ing requirements, from subsection (2)(D)(i)(II), respectively refer to what ma y be called prongs 3 and 4.)

The physical properties of Pb pr event Pb emissions from expe riencing the same travel or formation phenomena as PM2.5 or ozone. More spec ifically, there is a sharp decrease in Pb concentrations, at least in the coarse fraction, as the distance from a Pb source increases. Accordingly, while it may be possible for a sour ce in a state to emit Pb in a location and in quantities that may contribute significantly to nonattainment in, or interfere with maintenance by, any other state, EPA anticipates that this would be a rare situation, e.g., where large sources are in close proximity to state boundaries.

Under section 110(a)(2)(D)(i)(II), the PSD sub-el ement (prong 3) may be met by the state’s confirmation in a SIP submission that new major s ources and major modifications in the state are

MD Lead Infrastructure SIP Page 3subject to PSD and (if the stat e contains a nonattainment area for the relevant pollutant) Nonattainment New Source Review (NNSR) programs that implement the 2008 Pb NAAQS 1

.

Since all areas are currently subject to the regional haze program which addresses visibilityimpairing pollutants, at this time EPA would not e xpect infrastructure SIP submissions for the Pb NAAQS to address prong 4.

In accordance with EPA's regulations at subpart O, the SIP submittal should include copies of rules and regulations that show that the state has adopted the emission limitations and other measures necessary for attainment and main tenance of the 2008 Pb NAAQS. The SIP should assure that the state has adequate authority under its rules and regul ations to carry out the state's SIP obligations with respect to the 2008 Pb NAAQS and to revise the SIP as necessary.

The SIP should assure that the state has adequa te funding and personnel to implement the Pb NAAQS. See EPA's regulations at 40 CFR Part 51, subpart M ("Intergovernmental Consultation") and subpart O ("Miscellaneous Plan Content Requirements"). In accordance with EPA's regulations at subpart O, the SIP should describe resources for carrying out the SIP. Resources to be described include: (1) those ava ilable to the state (and local agencies, where appropriate) as of the date of SIP submittal; (2) those considered necessary during the 5 years following SIP submittal; and projections regarding acquisition of the described resources.

The SIP should provide for periodic reporting of emissions inventory da ta by the state to the Administrator (through the a ppropriate Regional Office).

The SIP should also contain a plan determined adequate by the state to implement the authority to constrain sources of Pb emissions, as necessa ry, in an emergency situation. As part of the infrastructure SIP submittal, the plan should comply with regulations at 40 CFR 51.150 through 51.153 as applicable.

The SIP should provide citations to the state regulatory provisions re quiring the state to 1) revise its section 110 plan from time to time as may be n ecessary to take into acc ount revisions of such primary or secondary NAAQS or the availability of improved or more expeditious methods of attaining such standards; and 2) revise its section 110 plan in the event the Administrator finds the plan to be substantially inadequate to attain the NAAQS. See 40 CFR 51.104, “Revisions”.

The SIP should reference the state rules that pr ovide a process of consultation with general purpose local governments, designate d organizations of elected offi cials of local governments, and any federal land manager having authority ove r federal land to which the plan applies, consistent with the requ irements of CAA § 121.

The SIP should provide citations to regulations requiring the state to re gularly notify the public

of: instances or areas in wh ich any primary NAAQS was exceeded; the associated health

1 Memorandum issued by William T. Harnett, Director, OAQPS/AQPD, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-H our Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” dated September 25, 2009.

MD Lead Infrastructure SIP Page 4hazards; and ways in which the public can participate in regulatory and other efforts to improve air quality. See 40 CFR 51.285, “Public notification”.

Thus, EPA concludes there are no new applicable visibility protection ob ligations under section 110(a)(2)(J) as a result of the 2008 Pb NAAQS.

The SIP should demonstrate that the state has the authority and technical capability to conduct air quality modeling in order to assess the effect on ambi ent air quality of relevant pollutant emissions; and that the state can provide relevant data as part of the permitting and NAAQS implementation processes. The SIP should also provide that, upon request, the state will submit current and future data relating to such ai r quality modeling to the Administrator. EPA anticipates that the predominant type of air quality modeling to be conducted with respect to implementing the Pb NAAQS will be source-oriented dispersion modeling with models such as

AERMOD.

The SIP should provide citations to the regula tions providing for collection of permitting fees under the state’s EPA-approved Title V permit program- see 40 CFR 70.9 (“Fee determination and certification”), 40 CFR Part 70, Appendix A, “Approval Status of State and Local Operating Permits Programs”.

The SIP should identify the organizations that will participate in developing, implementing, and enforcing the SIP. Further, the SIP should identify the responsibilities of such organizations and include related agreements among the organizations. See 40 CFR 51.240, "General plan requirements”.

The SIP should provide a citation to the state regulations that pr ovide notice and opportunity for public hearing in accordance with EPA regulations at 40 CFR Part 51, subpart F ("Procedural Requirements"). Prior to submitting a SIP revi sion or a compliance schedule, a state must provide notice, provide the opportunity to su bmit written comments, and allow the public the opportunity to request a public heari ng- see 40 CFR 51.102, "Public hearings”.



## Certification

Maryland's State Implementation Plan m eets all of the requi red elements of §§110(a)(2)A—M, as indicated below.

Emission limits and other control measures: § 110(a)(2)(A) of the Clean Air Act requires SIPs to include enforceable emission limitations an d other control measures , means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance.

Maryland’s enforceable emission limitations an d other control measures under the Code of Maryland Regulation (COMAR) which have been approved as part of Maryland’s SIP under 40 CFR 52.1070(c).

MD Lead Infrastructure SIP Page 5COMAR Chapter Chapter Name Pb Remarks

26.11.01 General Administrative Provisions 2 Administrative provisions

26.11.02 Permits, Approvals, and Registration 3 .11A(1)(d), .12A(3) Administrative provisions

26.11.04 Ambient Air Quality Standards .09 .02 & .03

Administrative

provisions

26.11.06 General Emissions Standards, Prohibitions, and Restrictions 4 Administrative provisions: .01,.10, .12, .14

26.11.17 Requirements for Major New Sources and

Modifications

Source-specific provisions are listed in 40 CFR 52.1070 (d).

The approved plans are listed in 40 CFR 52.1070(e).

Ambient air quality monitoring/data system: § 110(a)(2)(B) of the Clean Air Act requires SIPs to include provisions for establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, compil e, and analyze data on ambient air quality, and upon request, make such data availabl e to the EPA Administrator.

• Maryland's authority to monitor ambien t air quality is found under §§2-103(b)(2) and 2-301 (a)(1), Environment Article, Annotated Code of Maryland; and COMAR 26.11.04.03 (specifying methods of m easuring ambient air quality levels shall be those specified in 40 C.F.R. Parts 50, 53 and 58).

• Maryland operates and maintains a netw ork of ambient air monitors throughout

the State. All ambient air monitors in the Maryland network that are used to determine compliance with the NAAQS have been designated by EPA as either Reference or Equivalent monitors. A ll ambient air monitors in the Maryland network are subjected to the Quality A ssurance requirements of 40 CFR Part 58,

2 Maryland is currently revising COMAR 26.11.01.10 and .11 and will submit these revisions as soon as adopted and effective.

3 Maryland's permit fee requirements under COMAR 26.11.02 Regulations .16-.19 are not part of Maryland's SIP.

4 Regulation .04 Carbon Monoxide in Areas III and IV is approved for Ma ryland's CO maintenance plan. Regulation .07 Fluorides - not part of Maryland's SIP but approved as part of Maryland's 111(d) plan.

MD Lead Infrastructure SIP Page 6Appendix A. In addition, all samplers are located at sites that have met the minimum siting requirements of Part 58, Appendix E.

• On October 15, 2008 EPA substantially st rengthened the national ambient air quality standards (NAAQS) for lead (see 73 FR 66934). EPA revised the level of the primary (health-based) standard from 1.5 μ g/m3 to 0.15 μ g/m3, measured as total suspended particles (TSP, but PM10 will be allowed at NCore sites) and revised the secondary (welfare-b ased) standard to be identi cal in all respects to the primary standard. On December 30, 2009, EPA proposed revisions to the lead monitoring requirements pertaining to wher e State and local monitoring agencies would be required to conduc t lead monitoring. The fina l rule became effective on January 26, 2011 ( see Table 1 and recent updates to MDE lead monitoring both on page 17 )

• In Maryland, no specific statut ory authority is necessary to authorize data analysis

or the submission of such data to EPA. Federal grant requirements establish the obligation to provide data to EPA.

• In order to keep EPA informed of changes to the sampling network, MDE provides EPA Region III with prior notific ation of any planned changes to the network. As needed, details of these ch anges and anticipated approvals of the changes are communicated to EPA. Purs uant to 40 C.F.R. Part 58, Subpart B, Section 58.10, MDE sends the EPA Re gional Administrator an Annual Monitoring Network Plan for approval th at details any modifications to the network. This plan also provides a de scription of each modification, the reason for each modification, and any other inform ation relevant to the modifications. Section 58.10 also requires MDE (begi nning July 1, 2010) to perform and submit to the EPA Regional Administrator an assessment of the Maryland ambient air monitoring network every five years to de termine, at a minimum, if the network meets the monitoring objectives defined in 40 C.F.R., Part 58, Appendix D, whether new sites are needed, whether ex isting sites are no longer needed and can be terminated, and whether new technologi es are appropriate for incorporation

into the network.

• Maryland has and will continue to subm it data to EPA's Air Quality System (AQS). MDE collects and reports to EPA all ambient air quality data for SO 2 , CO, O 3 , NO 2 , PM10, and PM 2.5 . The reports comply with the federal requirements of 40 CFR 58.35. As necessa ry, the submitted data is reviewed, edited, validated, and entered into the EP A air quality system (AQS) for updating pursuant to prescribed AQS procedures . The EPA AQS receives each report within 90 days after th e end of the quarterly reporting period.

• MDE analyzes such air quality data to determine attainment status or progress.

MD Lead Infrastructure SIP Page 7Program for enforcement of co ntrol measures: § 110(a)(2)(C) requires SIPs to include a program providing for the enfo rcement of all SIP measures and the regulation of stationary sources that construct or modify.

• Maryland's enforcement and penalt y provisions are found under §§2-601—614, Environment Article, Annotated Code of Maryland.

• Maryland's permit program require ments are under COMAR 26.11.02 and

COMAR 26.11.03.

• Maryland's Prevention of Significant De terioration requirements are under

COMAR 26.11.06.14.

• Maryland's nonattainment provisions for ma jor new sources and modifications are

under COMAR 26.11.17.

• Maryland’s "Prevention of Significant Deterioration (PSD) source" means any new or modified source subject to th e provisions of 40 CFR '52.21, 2000 edition, including as defined in COMAR 26.11.01.01B (37) (b): Any other source which emits or has the potential to emit 250 tons per year or more of any air pollutant regulated under the Federal Clean Ai r Act (42 U.S.C. '7401 et seq.)

• The SIP revision for PSD was submitted by MDE on June 22, 2011 (State Implementation Plan (SIP) Revision # 11- 02) concerning implementation of the requirements of the Environmental Prot ection Agency's final Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas Tailoring Rule, which was published in the Federal Regi ster on June 3, 2010 (75 FR 31514). This

SIP Revision includes amendments to (1) Regulation .01 under COMAR 26.11.01 General Administrative Provisions; (2 ) Regulations .01 and .12 under COMAR 26.11.02 Permits, Approvals, and Registration; and (3) Regulation .14 under

COMAR 26.11.06 General Emission Standard s, Prohibitions, a nd Restrictions.

Interstate transport: § 110(a)(2)(D) requires SIPs to prohibit any source or other type of emissions activity within the state from emitting air pollutants in amounts that contribute significantly to nonattainment or that interfere with maintaini ng the NAAQS in another state. This section also requires that SI Ps prohibit any source or other type of emissions activity within the state from interfering with measures requi red to prevent significant deterioration of air quality or to protect visibility in another state.

D (i) SIPs must prohibit any source or other ty pe of emissions activi ty from emitting any air pollutant in amounts which will:

MD Lead Infrastructure SIP Page 8(I) contribute significantly to nonattainme nt in, or interfere with maintenance by, any other State with re spect to any such national primary or secondary ambient air quality standard (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deteriorati on of air quality or to protect visibility.

• Maryland Permitting requirements are under COMAR 26.11.02 and COMAR

26.11.03.

• Maryland has no Class I Areas

• Pb does not have a significant impact on visibility according to an EPA memo that concludes: “... it appears that the Pb -related visibility effects (in Class I and other areas) are insignificant in comparis on to those associated with sulfate, nitrate, and carbon PM.” 5

The physical properties of lead (P b) prevent Pb emissions from e xperiencing the same travel or formation phenomena as PM2.5 or ozone. There is a sh arp decrease in Pb c oncentrations, at least in the coarse fraction, as the distance from a Pb source increases. While it is possible for a

source in a state to emit Pb in a location and in quantities that may contribute significantly to

nonattainment or interfere with ma intenance in another state, EPA believes this would be a rare situation, e.g., where large sources are in close proximity to state boundaries. Once deposited out of the air, Pb can subsequently be re-suspe nded into the ambient air and, because of the persistence of lead, Pb emissions contribute to media concentra tions for some years into the

future.

(D) (ii) Insure compliance with the applicable requirements of §§ 126 6 and 115 7 (interstate and international pollution abatement)

5 11/7/2011 Memorandum titled The Estimated Contribution of Ambient Lead (P b) to Class I Area Visibility Impairment , from Mark Schmidt, OAR/OAQPS/AQAD

6 §126 (a) Each plan shall (1) re quire each major proposed new or modified sour ce (A) subject to Part C or (D) which may significantly contribut e to pollution in excess of the NAAQS in any AQCR outside the State in which such source intends to locate or modify, to provide written notice to all nearby States the pollution levels of which may be affected by such source 6 0 days prior to the date on which commencement of construction is to be permitted by the State, and (2) identify all major existi ng stationary sources which may have the impact described in (1) with respect to new or modified sources and provide notice to all nearby States of the identity of such sources. (b) Any State may petition EPA for a finding that any major source or group of stationary sources emits or woul d emit any pollutant in violation of the prohibition of § 110(a)(2)(D)(ii) or this section. (c ) Notwithstanding any permit which may have been granted by the Stat e, it shall be a violation of this section and the plan - (1) for any major proposed new or modified source with respect to which a finding has been made under subsection (b) to be constructed or to operate in violation of this section and the prohibition of § 110(a)(2)(D)(ii) or this section, or (2) for any major exis ting source to operate more than 3 months after such finding has be en made. EPA may permit the c ontinued operation of a source beyond the expiration of the 3-month period if the source comp lies with the emission limitations and compliance schedules as may be provided by EPA to bring about co mpliance with the requirements of § 110(a)(2 )(D)(ii). Nothing shall be construed to preclude any such source from being eligib le for an enforcement order under § 113(d) after the expiration of such period during which EPA has permitted continuous operation.

7 § 115 (a) Whenever EPA, upon receipt of reports, surveys or st udies from any duly constituted international agency has reason

MD Lead Infrastructure SIP Page 9Maryland Requirement:

• Maryland's permitting regulations under COMAR 26.11.02 and COMAR

26.11.03.

• Maryland's Nonattainment New Source Re view (NNSR) requirements are under COMAR 26.11.17 and Maryland PSD requirements under COMAR 26.11.06.14.

• §2-301(a) (1) of the Environment Article , Annotated Code of Maryland provides authority to control ai r pollution in Maryland.

• In addition, nothing in Maryla nd's statutory or regulatory authority prohibits or otherwise interferes with Maryland's ability to ex ercise §§126 and 115 of the

Clean Air Act.

Adequate resources: § 110(a)(2)(E) requires states to provide for adequate personnel, funding, and legal authority under state law to carry out its SIP-related issues . This section also requires that state boards meet require ments under § 128 and that the state shall remain responsible for any portions of the SIP carried out by other organizations, such as local agencies.

Adequate resources (legal, personnel and funding (E) (i): Provide necessary assurances that the state will have adequate personnel, funding, and authority under state law to carry out such implementation plan (and is not prohibited by any provision of federa l or state law from carrying out such implementation plan).

In Maryland, the resources to carry out th e implementation plan are provided through:

• The §§ 103 and 105 grant process;

• Title V grant funds;

• Title V permit fees (collected under the authority § 2-403 of the Environment Article, Annotated Code of Mary land and pursuant to COMAR 26.11.02.19.)

to believe that any pollutants emitted in the US cause or contribute to pollution which may reasonably be anticipated to endang er public health or welfare in a foreign country or whenever the Secretary of State requests it to do so, EPA shall give formal

notification to the Governor of the State in which such emissions originate. (b) The EPA notice shall be deemed to be a findin g under § 110(a)(2)(H)(ii) which requires a plan revision with respect to so much of the applicable pl an as is inadequate to prev ent or eliminate the endangerment. Any foreign country so affected by such emission of pollutants shall be invited to appear at an y public hearing associated with any revision of the appropriate portion of the applicab le plan. (c) This section shall apply on ly to a foreign country which EPA determines ha s given the US the same rights with respect to the prevention or control of air pollution occurring in that country. (d) Recommendations issued following any abatement conference conducted prior to CAA 1977 shall remain in effect with respect to any pollutant for which no NAAQS has been established under § 109 unless EPA, after consultation with all agencies, which were part y to the conference, rescinds any such recommendation.

MD Lead Infrastructure SIP Page 10• Maryland's Clean Air Fund (Environmen t Article, §2-107, Annotated Code of Maryland) composed of funds collected from application fees, permit fees, renewal fees, and civil or administrative pe nalties or fines. Maryland's Clean Air Fund may be used for (1) id entifying, monitori ng, and regulating air pollution in the State, including program development of these activities as provided in the State budget; and (2) providing grants to local governments to supplement funding for programs conducted by local governments that are consistent with the Maryland program.

• Other authorities to implement the Ma ryland State Implementation Plan are provided below:

Authority to monitor ambien t air quality in the State : Environment Article, §§2-103(b)(2), Annotated Code of Maryland.

Authority to advise the Governor wh en an air pollution emergency exists: Environment Article, §2-105, Annotated Code of Maryland.

Authority to adopt regula tions that establish stan dards and procedures to be followed whenever pollution of th e air reaches an emergency condition : Environment Article, §2-301(a)(2 ), Annotated Code of Maryland.

Air Quality Control Advisory Counc il - consultation advice regarding proposed regulations : Environment Article, §§ 2-201-206, Annotated Code of Maryland.

Authority to adopt rules and regulations for the c ontrol of air pollution in

the State , including testing, monitoring, record keeping, and reporting requirements: Environment Article, §2-301(a)(1 ), Annotated Code of Maryland.

Authority to set emission standards and ambient air quality standards for each air quality contro l area in the State : Environment Article, §2-302 (b)- (d), Annotated Code of Maryland.

Authority to enforce the st andards and impose penalties: Environment Article, §§2-601—614, Annotated Code of Maryland.

(E) (ii) Boards : Requirements that the Stat e comply with the requirements respecting State boards under § 128 8

.

8 § 128 (a) each plan shall contain requirements that - (1) any board or body which approves permits or enforcement orders shall have at least a majority of members who represent the public interest and do not deri ve any significant portion of their income from persons subject to permits or enforcement orders, and (2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be disclosed. A State may a dopt any requirements respecting conflicts of interest for such boards or bodies or heads of executive agencies, or any other entities which are more stringent than

MD Lead Infrastructure SIP Page 11• Maryland does not have any board or body, which approves air quality permits or

enforcement orders.

(E) (iii) Reliance on local units of government : Necessary assurances that, where the State has relied on a local or regional government, ag ency, or instrumentality for the implementation of any plan provision, the State has responsibility for ensuring adequate implementation of such plan provision.

• Maryland does not rely on local or regional government, agency, or instrumentality for specific SIP implementation.

• Maryland has adequate personnel to carry out the SIP with respect to lead requirements.

Stationary source monitoring systems: § 110(a)(2)(F) requires states to establish a system to monitor emissions from stationary sources and to submit periodic emissions reports.

The following Maryland SIP regulations (approv ed under 40 CFR 52.1070(c)) include stationary source emissions monitoring and periodic emissions reports:

• COMAR 26.11.01.04 Testing & Monitoring.

• COMAR 26.11.01.05 Records and Information.

• COMAR 26.11.01.05-1 Emission Statements.

• COMAR 26.11.01.07 Malfunctions & Other Te mporary Increases in Emissions.

• Maryland's stationary source emissions monitoring requirements for specific source types are found throughout COMAR 26.1 1 as they relate to specific air pollution source categories.

• Maryland's revised opacity monitoring requirements under:

COMAR 26.11.09.05 Visible Emissions COMAR 26.11.01.10 Continuous Opacity Monitoring (COM) Requirements COMAR 26.11.01.11 Continuous Emission Monitoring (CEM) Requirements These opacity requirements will be submitted to EPA for approval as part of Maryland's SIP as soon as they are effective as permanent regulations.

• Criteria pollutant emissions related data is available to the public for inspection

upon request.

the requirements of (1) and (2).

MD Lead Infrastructure SIP Page 12Emergency powers: § 110(a)(2)(G) requires states to provide fo r authority to address activities causing imminent and substantia l endangerment to public health, including contingency plans to implement the emergency episode pr ovisions in the SIP. An emerge ncy event is unlikely with Pb and if it did occur would be at a large lead sour ce (EPA Final Lead Infrastructure SIP Guidance issued 10-17-11).

• Air pollution emergency: Environment Article, §2-105, Annotated Code of Maryland.

• Authority to adopt regulati ons that establish standard s and procedures to be followed whenever pollution of the air reaches an emergency condition: Environment Article, §2-301(a) (2 ), Annotated Code of Maryland.

• Air Pollution Episode System COMAR 26.11.05, in the Maryland SIP under 40 CFR 52.1070(c).

• Authority regarding accidental or other releases that are not authorized by statute, regulation or permit or occur in conjuncti on with violations of existing regulatory requirements: Environment Article, §2-604 (Administrativ e corrective order authority) and § 2-609 (a) (Civil injunctive authority), Annotated Code of Maryland

Future SIP revisions: § 110(a)(2)(H) requires states to have the aut hority to revise their SIPs in response to changes in the NAAQS, availability of impro ved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is subst antially inadequate.

• Maryland's SIP is essentially a compila tion of regulations , source-specific provisions and plans to meet the Na tional Ambient Air Quality Standards (NAAQS). The authority to develop or revi se a SIP is based on the authority to adopt new regulations and revise existing regulations to meet the NAAQS (§2- 301(a)(1) Environment Article, A nnotated Code of Maryland).

• Nothing in Maryland's statut ory or regulatory authority prohibits the State from revising the SIP when the NAAQS are revised by EPA.

Nonattainment area requirements: § 110(a)(2)(I) requires states to have the authority to meet the nonattainment planning requirements for areas not meeting the federal standards.

MD Lead Infrastructure SIP Page 13Legal authority for such requirements are disc ussed above in the para graphs concerning § 110(a)(2)(A) and § 110(a)(2)(H).

• §§2-301(a)(1) and 2-302(d) of the Environment Article, Annotated Code of Maryland, provide the author ity to meet the nonattainment planning requirements for areas not meeting the federal standards.

• COMAR 26.11.17 contains Maryland's nona ttainment provisions for major new

sources and modifications.

Future plans for lead will continue to comply with all nonattainment planning requirements. Approved plans are no ted in 40 CFR 52.1070(c), 40 CFR 52.1070(d), and 40 CFR 52.1070(e).

Consultation with government officials: § 110(a)(2)(J) requires states to provide a process for consultation w ith local governments and Fe deral Land Managers carrying out NAAQS implementation re quirements pursuant to § 121 9 consultation requirements

The Metropolitan Washington Air Quality Comm ittee (MWAQC) was certified in 1991 by chief executives of Maryland, Virginia and the District of Columbia as the entity responsible for carrying out the regional planning requirements of the Clean Air Act Amendments of 1990 (membership includes local elected officials).

Interstate Air Quality Council (IAQC) Memora ndum of Understanding signed 3/24/05 by the Governors of Maryland, Virginia an d the District of Columbia.

COMAR 26.11.26 provides a legal platform for the various consultation procedures that have been developed between the Maryland Depart ment of the Environment (MDE), Maryland Department of Transportation (MDOT), and Metr opolitan Planning Organizations (MPOs). The MPOs provide the forum for consultation with lo cal governments. Maryla nd's MPOs are: (1) the Baltimore Regional Transportation Board (BRTB) , (2) the National Capital Transportation Planning Board (TPB) for the Washington re gion, (3) the Wilmington Area Planning Council (WILMAPCO) for New Castle County, Delawa re and Cecil County, Maryland, and (4) the Hagerstown/Eastern Panhandle (HEP) for the Hagerstown area, which includes Washington County, Maryland and the counties of Berk eley and Jefferson in West Virginia.

• The Air Quality Control Advisory C ouncil consultation process (§§ 2-201-206 Environment Article, Annotated Code of Maryland).

9 § 121. In carrying out requirements for plans to contain - (1) any transportation controls, air quality maintenance plan requirements or preconstruction review of dir ect sources of pollution, or (2) any measure referred to - (A) in part D), or (B) in part C, and in carrying out the requirements of § 113(d), the St ate shall provide a satisfactory process of consultation with g eneral purpose local governments, designated orga nizations of elec ted officials of local government s and any FLM having authority over Federal land to which the State plan applies. Such proce ss shall be in accordance with re gulations promulgated by EPA. Only a general purpose unit of local government, regional agency, or council of governments adversely affected by action of EPA approving any portion of a plan may petition for judicial review.

MD Lead Infrastructure SIP Page 14• COMAR 26.11.17 Nonattainment New S ource Review Requirements; PSD permit requirements under COMAR 26.11.06.14

.

Public notification of NAAQS Exceedances: § 110(a)(2)(J) further requires states to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedences. (§ 127 10 public notification)

PSD and visibility protection: § 110(a)(2)(J) also requires states to meet applicable requirements of Part C related to prevention of si gnificant deterioration a nd visibility protection.

Maryland incorporated by reference EPA's prevention of significant deterioration (PSD) requirements (40 CFR §52.21) under COMAR 26.11.06.14.

Air quality modeling/data: § 110(a)(2)(K) requires that SIPs provid e for performing air quality modeling for predicting effects on air quality of emissi on from any NAAQS pollutant and submission of such data to EPA upon requests.

Air Quality Modeling:

• Authority under §2-302 of the Environm ent Article, Annotated Code of Maryland.

• Inherent in the obligation to meet the NAAQS is the authority for the Department to perform modeling as required under the CAA to demonstrate attainment.

Air Quality Data:

• Maryland continued to submit Air quality modeling data as part of Maryland's relevant SIP submissions in accordance with the Clean Air Act and through federal grant commitments.

10 § 127. (a) Each plan shall c ontain measures to regularly notify the public of when any NAAQS is exceeded or was exceeded during the preceding year, to advise the public of health hazards associat ed with such pollution, and to enhance awareness of measures which can be taken to prevent the standards from be ing exceeded and ways in which the public can participate in regulatory and other effort s to improve air quality.

MD Lead Infrastructure SIP Page 15Permitting fees: § 110(a)(2)(L) requires SIPs to require each major stationary source to pay permitting fees to cover the co st of reviewing, approving, impl ementing, and enforcing a permit.

Maryland's permitting fee schedules and permit requirements are included under the following regulations:

COMAR 26.11.01.08 Determination of Ground Level Concentrations COMAR 26.11.02.09 Sources Subject to Perm its to Construct and Approvals*

COMAR 26.11.02.12 Permits to Construct for PSD and NSR Sources COMAR 26.11.02.13 Sources Subject to State Permits to Operate

COMAR 26.11.02.16 Permit Fees

COMAR 26.11.02.17 Fee Schedule for New or Modified Emissions Units

COMAR 26.11.02.19 Fee Schedule: Title V Pe rmit or a State Permit to Operate

* includes the following: Stationary source of lead that discharges 1 ton per year or more of lead or lead compounds measured as elemental lead—p ermit to construct required

MD Lead Infrastructure SIP Page 16MD Lead Infrastructure SIP Page 17 

## Additional Information on Lead (Pb) Monitoring

(Information below from the AMBIENT AIR MONITORING NETWORK PLAN FOR

CALENDAR YEAR 2012 , prepared by the Ambient Air Monitoring Program, Air and Radiation Administration Management, Maryland Depart ment of the Environment, May 23, 2011)

Table 1 Monitoring Required due to Revisions to Pb ambient air monitoring regulations

Requirement Appendix to Part 58 Required Comments

One source-oriented SLAMS site

located to measure the maximum Pb concentration resulting from each non-airport Pb source which emits 0.50 or more tons per year 4.5(a) 0 The Program modeled the .57tpy GenOn Energy in Charles County and found it

below the threshold and will be submitting a waiver for it in early

December 2011

One source-oriented SLAMS site

located to measure the maximum Pb concentration resulting from airport which emits 1.0 or more tons per year 4.5(a) 0 The Program, in conjunction with EPA Region III, found no Pb sources satisfying this requirement in the

2007 emissions inventory Non-source oriented Pb monitoring at each required NCore site in a CBSA having a population of 500,000 or

more. 4.5(b) 1

Lead Sources Lead (Pb) is a metal found naturally in the envi ronment as well as in ma nufactured products. The major sources of lead emissions have historically been motor vehicles (such as cars and trucks) and industrial sources. As a result of EPA's regu latory efforts to remove lead from gasoline, emissions of lead from the transportation sector dramatically declined by 95 percent between 1980 and 1999, and levels of lead in the ai r decreased by 94 percent between 1980 and 1999. Today, the highest levels of lead in air are usually found near lead smelters. Other stationary sources are waste incinerators, utilities, lead-acid battery manu facturers and general aviation airports. Soil can pick up lead fr om exterior paint, or other sources such as past use of leaded gas

in cars.