MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore MD 21230 

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

Martin O'Malley 

Governor 

Robert M. Summers, Ph.D. 

Anthony G. Brown 

Lieutenant Governor 

815totl 

Mr. Shawn M. Garvin 

Regional Administrator (3RAOO) 

U.S. Environmental Protection Agency 

Region Ill 

1650 Arch Street 

Philadelphia PA 19103-2029 

Dear Mr. Garvin: 

The purpose of this letter is to submit the enclosed State Implementation Plan (SIP) 

Secretary 

Revision # 12-07 concerning adoption of the National Ambient Air Quality Standards (NAAQS) as 

required by Section 2-302 (c) of the Environment Article of the Annotated Code of Maryland. In this 

regulatory action the NAAQS are being incorporated by reference prospectively in order for 

Maryland's ambient air quality standards to be identical to the federal standards at all times. 

This SIP Revision includes the repeal of existing Regulations .02 and .04- .09 and amendments to 

and the recodification of existing Regulation .03 to be Regulation .02 under COMAR 26.11.04 

Ambient Air Quality Standards. 

The Notice of Proposed Action was published in the Marvland Register on June 15, 2012. A public 

hearing was held on July 18, 2012. The action was adopted on August 27, 2012. The Notice of Final 

Action was published on September 7, 2012 and the action became effective on September 17, 2012. 

All administrative procedures were properly followed throughout the adoption process. 

I certify that the electronic copy of this SIP submittal (compact disk enclosed) is an exact duplicate of 

the official hard copy. If you have any questions concerning this SIP action, please feel free to call me 

at (410) 537-3084 or Mr. George (Tad) S. Aburn, Jr., Director of the Air and Radiation Management 

Administration, at (410) 537-3255. 

liM 

Robert M. Summers, Ph.D. 

Secretary 

RMS:dhr 

Enclosure 

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

Via Maryland Relay Service 
FINAL ACTION ON REGULATIONS

1197

MARYLAND REGISTER, VOLUME 39, ISSUE 18, FRIDAY, SEPTEMBER 7, 2012

Subtitle 41 BOARD OF EXAMINERS 

OF AUDIOLOGISTS, HEARING AID 

DISPENSERS, AND SPEECHLANGUAGE PATHOLOGISTS

10.41.03 Licensure and Continuing Education

Authority: Health Occupations Article, §§2-302 and 2-304, Annotated Code 

of Maryland 

Notice of Final Action

[12-158-F] 

On August 22, 2012, the Secretary of Health and Mental Hygiene 

adopted amendments to Regulation .03 under COMAR 10.41.03 

Licensure and Continuing Education. This action, which was 

proposed for adoption in 39:13 Md. R. 801 (June 29, 2012), has been 

adopted as proposed. 

Effective Date: September 17, 2012.

JOSHUA M. SHARFSTEIN, M.D.

Secretary of Health and Mental Hygiene

Title 14 

INDEPENDENT AGENCIES

Subtitle 01 STATE LOTTERY AGENCY

14.01.02 General Regulations

Authority: State Government Article, §§9-110 and 9-1A-04, Annotated Code 

of Maryland 

Notice of Final Action

[12-149-F] 

On August 20, 2012, the Maryland State Lottery Agency adopted 

amendments to Regulation .11 under COMAR 14.01.02 General 

Regulations. This action, which was proposed for adoption in 39:13 

Md. R. 807—808 (June 29, 2012), has been adopted as proposed. 

Effective Date: September 17, 2012.

STEPHEN L. MARTINO

Director

State Lottery Agency

Title 24 

DEPARTMENT OF BUSINESS 

AND ECONOMIC 

DEVELOPMENT

Subtitle 05 ECONOMIC 

DEVELOPMENT

24.05.03 Biotechnology Investment Incentive Tax 

Credit

Authority: Economic Development Article, §2-108; Tax-General Article, §10-

725; Annotated Code of Maryland 

Notice of Final Action

[12-075-F] 

On August 28, 2012, the Secretary of Business and Economic 

Development adopted the repeal of existing Regulations .01—.11 and 

adopted new Regulations .01—.15 under COMAR 24.05.03 

Biotechnology Investment Incentive Tax Credit. This action, 

which was proposed for adoption in 39:6 Md. R. 448—458 (March 

23, 2012), has been adopted as proposed. 

Effective Date: September 17, 2012.

CHRISTIAN JOHANSSON

Secretary of Business and Economic Development

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT

Subtitle 11 AIR QUALITY

26.11.04 Ambient Air Quality Standards

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Final Action

[12-136-F] 

On August 27, 2012, the Secretary of the Environment adopted the 

repeal of existing Regulations .02 and .04 — .09 and amendments to 

and the recodification of existing Regulation .03 to be Regulation .02

under COMAR 26.11.04 Ambient Air Quality Standards. This 

action, which was proposed for adoption in 39:12 Md. R. 754 — 756 

(June 15, 2012), has been adopted with the nonsubstantive changes 

shown below. 

Effective Date: September 17, 2012.

Attorney General’s Certification 

In accordance with State Government Article, §10-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows:

COMAR 26.11.04.02: The current regulation is being repealed 

because it refers to Regulations .03 — .09, which are also repealed by 

this action.
FINAL ACTION ON REGULATIONS

1198

MARYLAND REGISTER, VOLUME 39, ISSUE 18, FRIDAY, SEPTEMBER 7, 2012

COMAR 26.11.04.03: Current Regulation .03 is being recodified 

to be Regulation .02 since the current Regulation .02 is being 

repealed. Also, 40 CFR Part 51 is being added, as discussed in the 

Statement of Purpose, to update the lead standards to be identical to 

the 2008 federal lead National Ambient Air Quality Standards. 

[[.03]] .02 Ambient Air Quality Standards, Definitions, Reference 

Conditions, and Methods of Measurement. 

For the purposes of this chapter, the ambient air quality standards,

definitions, reference conditions, and methods of measurement are 

those specified in 40 CFR Parts 50, 51, 53, and 58, as amended. 

ROBERT M. SUMMERS, Ph.D.

Secretary of the Environment

Title 31 

MARYLAND INSURANCE 

ADMINISTRATION

Subtitle 10 HEALTH INSURANCE —

GENERAL

31.10.01 Health Insurance

Authority: Insurance Article, §§2-109, 12-203, 12-205, and 14-126(a)(1),

Annotated Code of Maryland

Notice of Final Action

[11-327-F] 

On August 16, 2012, the Insurance Commissioner adopted

amendments to Regulation .01, new Regulation .02, and amendments 

to and the recodification of existing Regulation .02 to be Regulation 

.03 under COMAR 31.10.01 Health Insurance. This action, which 

was proposed for adoption in 38:24 Md. R. 1548 — 1549 (November 

18, 2011) and reproposed in 39:13 Md. R. 815 (June 29, 2012), has 

been adopted as reproposed. 

Effective Date: September 17, 2012.

THERESE M. GOLDSMITH

Insurance Commissioner
PROPOSED ACTION ON REGULATIONS

754

MARYLAND REGISTER, VOLUME 39, ISSUE 12, FRIDAY, JUNE 15, 2012

original wage rate determination, upon a showing of good cause why 

such evidence was not produced in a timely manner;

(vi) Recent wage data or wage rates from collective 

bargaining agreements submitted by the petitioner that became 

available or effective after the date of the original wage rate 

determination and before the date of the hearing; and

[(v)] (vii) Information obtained by the Commissioner as a 

result of subsequent investigations pursuant to State Finance and 

Procurement Article, §17-211, Annotated Code of Maryland; 

(c)—(d) (text unchanged) 

(4)—(5) (text unchanged)

E.—F. (text unchanged)

J. RONALD DEJULIIS

Commissioner of Labor and Industry

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT

Subtitle 11 AIR QUALITY

26.11.04 Ambient Air Quality Standards

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Proposed Action

[12-136-P]

The Secretary of the Environment proposes to amend Regulation 

.03 and repeal Regulations .04 — .09 under COMAR 26.11.04 

Ambient Air Quality Standards. 

Statement of Purpose

The purpose of this action is to adopt the following revised 

National Ambient Air Quality Standards (NAAQS) as required by 

Environment Article, §2-302(c), Annotated Code of Maryland:

•The 2006 revised NAAQS for particulate matter (PM) and 

update the definitions, reference conditions, and methods of 

measurement as specified in 40 CFR Parts 50, 53, and 58.

•The 2010 revised NAAQS for sulfur dioxide (SO2) and update 

the definitions, reference conditions, and methods of measurement as 

specified in 40 CFR Parts 50, 53 and 58.

•The 2008 NAAQS for ground-level ozone (O3) and update the 

definitions, reference conditions, and methods of measurement as 

specified in 40 CFR Parts 50 and 58.

•The 2010 revised NAAQS for nitrogen dioxide (NO2) and 

update the definitions, reference conditions, and methods of 

measurement as specified in 40 CFR Parts 50 and 58.

•The 2008 NAAQS for lead (Pb) and update the definitions, 

reference conditions, and methods of measurement as specified in 40 

CFR Parts 50, 51, 53 and 58. 

In this regulatory action the NAAQS are being incorporated by 

reference prospectively in order for Maryland‘s ambient air quality 

standards to be identical to the federal standards at all times.

These amendments will be submitted to EPA for approval as part 

of Maryland‘s State Implementation Plan. 

Background

The Clean Air Act directs EPA to set NAAQS for pollutants and 

requires EPA to review the standards once every 5 years to determine 

whether revisions to the standards are appropriate. Environment 

Article §2-302(c), Annotated Code of Maryland states that the 

Department shall set ambient air quality standards for pollutants that 

are identical to national primary or secondary ambient air quality 

standards set by the federal government.

Particulate Matter 

On October 17, 2006, EPA‘s Final Rule was published (71 FR 

61143) for particulate matter. EPA‘s revised standards addressed fine 

particulate matter (PM2.5), which has an aerodynamic diameter of 

less than or equal to 2.5 micrometers, and course particulate matter 

(PM10), which has an aerodynamic diameter between 2.5 and 10 

micrometers. For PM2.5, the 2006 standards tightened the 24-hour 

fine particle standard (established in 1997) from 65 micrograms per 

cubic meter (μg/m3) to 35 μg/m3. EPA retained the annual fine 

particle standard of 15 μg/m3. EPA also retained the existing 24-hour 

PM10 standard of 150 μg/m3, and revoked the annual PM10 standard 

due to a lack of evidence linking health problems to long-term 

exposure to coarse particle pollution. 

Sulfur Dioxide

On June 22, 2010, EPA‘s Final Rule was published revising the 

primary (health-based) SO2 standard (75 FR 35519). The rule 

established a new 1-hour standard at a level of 75 parts per billion 

(ppb). The new 1-hour standard will protect public health by reducing 

people‘s exposure to high short-term (5-minutes to 24-hours) 

concentrations of SO2. The standard addresses gaseous SOx only, 

meaning SO2, particulate forms of SOx are addressed by the PM 

standard.

EPA revoked the 24-hour standard of 140 ppb and the annual 

standard of 30 ppb because these standards do not add additional 

public health protection given the new 1-hour standard at 75 ppb.

Ozone

On March 27, 2008 EPA‘s Final Rule was published (73 FR 

16435) which significantly strengthened its NAAQS for ground-level 

ozone, the primary component of smog. EPA revised the 8-hour 

―primary‖ ozone standard, designed to protect public health, to a 

level of 0.075 parts per million (ppm). The previous standard, set in 

1997, was 0.08 ppm. 

EPA also strengthened the secondary 8-hour ozone standard to the 

level of 0.075 ppm making it identical to the revised primary standard 

to protect public welfare. This action was taken because ozone air 

quality concentrations in many areas of the country are high enough 

to harm sensitive vegetation and ecosystems. Repeated exposure to 

ozone leads to reduced growth and productivity, increased 

susceptibility to disease and pests, and damaged foliage. 

EPA estimated that the revised standards will yield health benefits 

valued between $2 billion and $17 billion. Those benefits include 

preventing cases of bronchitis, aggravated asthma, hospital and 

emergency room visits, nonfatal heart attacks and premature death, 

among others. 

Nitrogen Dioxide

On February 9, 2010, EPA‘s Final Rule was published (75 FR 

06473) setting a 1-hour NO2 standard at the level of 100 parts per 

billion (ppb). Prior to the Final Rule there was only an annual 

standard. The new standard will protect against adverse health effects 

associated with exposure to short-term peak concentrations of NO2 –

which primarily occur near major roads. The standard will limit 

community-wide NO2 concentrations to levels below those that have 

been linked to respiratory-related emergency department visits and 

hospital admissions.

EPA retained, with no change, the annual average NO2 standard of 

53 ppb.
PROPOSED ACTION ON REGULATIONS

755

MARYLAND REGISTER, VOLUME 39, ISSUE 12, FRIDAY, JUNE 15, 2012

EPA did not change the secondary NO2 standard, set to protect 

public welfare. EPA is considering the need for changes to the 

secondary standard under a separate review.

Lead

On November 12, 2008, EPA‘s Final Rule was published (73 FR 

66963) revising the level of the primary lead standard from the 1978 

lead standard of 1.5 micrograms per cubic meter (μg/m3) to 0.15 

μg/m3, measured as the concentration of lead in total suspended 

particles (TSP). EPA determined that the 1978 standard is not 

sufficient to protect public health with an adequate margin of safety. 

The revised standards are 10 times tighter than the 1978 standards 

and will improve health protection for at-risk groups, especially 

children.

Sources Affected and Location

These tighter NAAQS have the potential to require emissions 

controls upon area, non-road, mobile, and point sources throughout 

the State of Maryland. 

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact.

Particulate Matter Standard

EPA estimated the cost of meeting the revised 24-hour PM2.5 

standards at $5.4 billion in 2020, nationwide. This estimate includes 

the costs of purchasing and installing controls for reducing pollution 

to meet the standard. 

Sulfur Dioxide

EPA estimated the cost of meeting the NAAQS for sulfur dioxide 

at $15,000 per ton of emissions, but states that this estimate does not 

account for more significant reductions necessary in some areas. 

Nitrogen Dioxide 

EPA estimated that the annualized average cost of controls to 

attain the NO2 NAAQS would be in the range of $3,000 to $6,000 per 

ton.

Ozone Standard 

To estimate the costs of meeting a standard, EPA uses several 

peer-reviewed approaches for modeling the cost of using both 

existing controls and controls that may be developed in the future for 

reducing NOx and VOCs. EPA estimated that costs of implementing 

a standard of 0.075 ppm would range from a low of $7.6 billion to a 

high of $8.8 billion annually in 2020, nationwide. 

Lead

EPA estimated annual costs of implementing the standards at 

approximately $150 million to $2.8 billion, nationwide, by analyzing 

the cost of using both existing controls and controls that may be 

developed in the future for reducing lead from industrial sources.

Revenue (R+/R-)

II. Types of 

Economic Impact.

Expenditure 

(E+/E-) Magnitude

A. On issuing 

agency: (E+) Indeterminate

B. On other State 

agencies: NONE

C. On local 

governments: (E+) Indeterminate

Benefit (+)

Cost (-) Magnitude

D. On regulated industries or trade groups:

(1) Particulate 

matter (-)

Indeterminate for 

Maryland at this time.

(2) Sulfur dioxide (-)

Indeterminate for 

Maryland at this time.

(3) Nitrogen 

dioxide (-)

Indeterminate for 

Maryland at this time.

(4) Ozone (-)

Indeterminate for 

Maryland at this time.

(5) Lead (-)

Indeterminate for 

Maryland at this time.

E. On other 

industries or trade 

groups: NONE

F. Direct and indirect 

effects on public: (+) Indeterminate

III. Assumptions. (Identified by Impact Letter and Number from 

Section II.)

A. For air quality standards which the State does not meet 

attainment, sections of the Clean Air Act require the development of 

inventories, modeling, regulation development and implementation, 

permitting and compliance determinations. The State will need to 

demonstrate attainment strategies with a State Implementation Plan 

and rate of progress. The Clean Air Act requirements necessitate 

considerable staff time for the Department.

C. Regulations adopted to meet the NAAQS may necessitate 

expenditures by local governments which provide assistance with 

permitting and compliance.

D(1). EPA estimated the cost of meeting the revised 24-hour 

PM2.5 standards at $5.4 billion in 2020, nationally. This estimate 

includes the costs of purchasing and installing controls for reducing

pollution to meet the standard.

D(2). EPA estimated the cost of meeting the NAAQS for sulfur 

dioxide at $15,000 per ton of emissions, but states that this estimate 

does not account for more significant reductions necessary in some 

areas.

D(3). EPA estimated that the annualized average cost of controls 

to attain the NO2 NAAQS would be in the range of $3,000 to $6,000 

per ton.

D(4). To estimate the costs of meeting a standard, EPA uses 

several peer-reviewed approaches for modeling the cost of using both 

existing controls and controls that may be developed in the future for 

reducing NOx and VOCs. EPA estimated that costs of implementing 

a standard of 0.075 ppm would range from a low of $7.6 billion to a 

high of $8.8 billion annually in 2020, nationally.

D(5). EPA estimated annual costs of implementing the standards 

at approximately $150 million to $2.8 billion, nationally, by 

analyzing the cost of using both existing controls and controls that 

may be developed in the future for reducing lead from industrial

sources.

F. This action will help improve Maryland‘s air quality and will result 

in fewer negative health effects on the general public from air pollution.
PROPOSED ACTION ON REGULATIONS

756

MARYLAND REGISTER, VOLUME 39, ISSUE 12, FRIDAY, JUNE 15, 2012

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small 

businesses.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities 

as follows:

This action will have a positive impact on individuals with 

disabilities involving respiratory problems by reducing air pollutants 

that contribute to disease.

Opportunity for Public Comment

The Department of the Environment will hold a public hearing on 

the proposed action on July 18, 2012, at 10 a.m. at the Department of 

the Environment, 1800 Washington Boulevard, 1st Floor Conference 

Rooms, Baltimore, Maryland 21230-1720. Interested persons are 

invited to attend and express their views. Comments may be sent to 

Deborah Rabin, Regulations Coordinator, Air and Radiation 

Management Administration, Department of the Environment, 1800 

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

or emailed to drabin@mde.state.md.us. Comments must be received 

not later than July 18, 2012, 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 and Radiation 

Management Administration; regional offices of the Department in 

Cumberland and Salisbury; all local air quality control offices; and 

local health departments in those counties not having separate air 

quality control offices.

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 1-800-735-2258.

.03 Ambient Air Quality Standards, Definitions, Reference 

Conditions, and Methods of Measurement. 

For the purposes of this chapter, the ambient air quality standards,

definitions, reference conditions, and methods of measurement are 

those specified in 40 CFR Parts 50, 53, and 58, [2003 Edition] as 

amended.

ROBERT M. SUMMERS, Ph.D.

Acting Secretary of the Environment

Subtitle 11 AIR QUALITY

26.11.19 Volatile Organic Compounds from 

Specific Processes

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Proposed Action

[12-137-P]

The Secretary of the Environment proposes to adopt new 

Regulation .27-1 under COMAR 26.11.19 Volatile Organic 

Compounds from Specific Processes. 

Statement of Purpose

The purpose of this action is to adopt the requirements of the 

EPA‘s Control Techniques Guidelines (CTG) for miscellaneous 

metal and plastic parts which include controls for pleasure craft 

coating operations. EPA develops CTGs as guidance on control 

requirements for source categories. States can follow the CTGs or 

adopt more restrictive standards. MDE proposes to adopt new 

standards and requirements that have been developed in coordination 

with EPA and trade associations representing the pleasure craft 

industry. 

The proposed regulation will be submitted to the U.S. EPA for 

approval as a revision to Maryland‘s State Implementation Plan.

Background

EPA developed the Control Techniques Guidelines for 

Miscellaneous Metal and Plastic Parts Coatings after reviewing the 

1978 CTG, the 1988 NSPS for Surface Coating of Plastic Parts for 

Business Machines (40 CFR 60 Subpart TTT), the 1994 ACT for 

Surface Coating of Automotive/Transportation and Business Machine 

Plastic Parts, National Emission Standards for Hazardous Air 

Pollutants for Miscellaneous Metal Parts and Products 40 CFR 63 

Subpart MMMM, and existing State and local VOC emission 

reduction approaches. The 1994 ACT provided analysis and options 

for alternative control technologies available for VOC emissions 

from the surface coating of plastic parts in the automotive and other 

transportation equipment and business machine industries without 

any recommendations for standards. 

The miscellaneous metal and plastic parts category includes 

pleasure crafts (recreational boats) along with components that are 

used in fabricated metal products, small and large farm machinery, 

commercial and industrial machinery and equipment, automotive or 

transportation equipment, interior or exterior automotive parts, 

construction equipment, motor vehicle accessories, bicycles and 

sporting goods, toys, recreational vehicles, extruded aluminum 

components, railroad cars, heavier vehicles, lawn and garden 

equipment, business machines, laboratory and medical equipment, 

electronic equipment, and other industrial and household products. 

The pleasure craft coating category does not include coatings that 

are a part of other product categories listed under Section 183(e) of 

the Act for which CTGs have been published or included in other 

CTGs. The Fiberglass Boat Manufacturing CTG is a separate 

category and the standards and requirements pertaining to the 

manufacturing process are not included in this regulation. 

Despite the fact that California has implemented standards for 

pleasure craft coating operations for several categories of coatings 

and that EPA had originally published more restrictive standards, the 

standards have undergone revisions based on reviews of industry 

practices and capabilities and product performance.

The pleasure craft industry found the standards for four categories to 

be technologically infeasible, considering the performance requirements 

of the coatings. EPA reviewed the information and data from industry 

and determined that states could consider alternative standards as 

proposed in the recommendation of the industry for the following 

coatings: Finish Primer/Surfacer; Antifouling Sealer/Tiecoat; Other 

Substrate Antifoulant; and Extreme High Gloss. The proposed regulation 

incorporates the original recommendations of the industry and also 

includes changes requested through the stakeholder and public hearing 

process that have been approved by EPA. 

Affected Sources

The proposed regulation affects pleasure craft and fiberglass boat 

coating operations at a premises with actual VOC emissions of 15 

pounds or more per day from coating operations as determined on a 

monthly average. 15 pounds or more per day from coating operations 

as determined on a monthly average is the applicability threshold that 

determines whether a facility needs to meet the standards and 

requirements of the proposed regulation. 

15 pounds or more per day from coating operations as determined 

on a monthly average is not an emission limit for affected facilities. 

An affected facility subject to the regulation may service as many 

pleasure craft as they are capable of, however, they will need to meet 

the coating standards and other requirements of the regulation.

The compliance date for the regulation is January 1, 2013.
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 

 May 11, 2012 

CERTIFICATE OF PUBLICATION 

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

Concerning Proposed Amendments to Air Quality Regulations and Revisions to Maryland’s State 

Implementation Plan ” was published on MDE’s web site on May 11, 2012. It will remain posted on the site 

until July 18, 2012. The notice in full with links to supporting documents may be found in the following 

web address: 

http://www.mde.state.md.us/AboutMDE/pages/reqcomments.aspx

Web publication of the notice was at the request of Deborah Rabin, Regulations Coordinator of the Air and 

Radiation Management Administration of MDE. 

 By: 

 DIANA ALEGRE 

 MDE Webmaster 

 

Attachments: 

Copy of web page as published. 
MDE Request for Comments

http://www.mde.state.md.us/aboutmde/AboutMDEHome/Pages/aboutmde/reqcomments.aspx[5/11/2012 11:44:27 AM]

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The complete listing of MDE public meetings and hearings is posted in the MDE Calendar. Please call or email contact person cited in

the meeting details for any questions or to send a comment.

 Notice of Public Hearings Concerning Proposed Amendments to Air Quality Regulations and Revisions to

Maryland's State Implementation Plan

The Maryland Department of the Environment gives notice of public hearings concerning the following actions:

1. Proposal to amend Regulation .03 and repeal Regulations .04 - .09 under COMAR 26.11.04 Ambient Air Quality

Standards. The purpose of this action is to adopt the following revised National Ambient Air Quality Standards (NAAQS) as required by

Section 2-302 (c) of the Environment Article of the Annotated Code of Maryland:

the 2006 revised NAAQS for particulate matter (PM) and update the definitions, reference conditions, and methods of

measurement as specified in 40 CFR Parts 50, 53, and 58.

the 2010 revised NAAQS for sulfur dioxide (SO2) and update the definitions, reference conditions, and methods of

measurement as specified in 40 CFR Parts 50, 53 and 58.

the 2008 NAAQS for ground-level ozone (O3) and update the definitions, reference conditions, and methods of measurement

as specified in 40 CFR Parts 50 and 58.

the 2010 revised NAAQS for nitrogen dioxide (NO2) and update the definitions, reference conditions, and methods of

measurement as specified in 40 CFR Parts 50 and 58.

the 2008 NAAQS for lead (Pb) and update the definitions, reference conditions, and methods of measurement as specified in

40 CFR Parts 50, 51, 53 and 58.

In this regulatory action the NAAQS are being incorporated by reference prospectively in order for Maryland’s ambient air quality

standards to be identical to the federal standards at all times.

(Technical Support Document)

This action will be submitted to the U.S. Environmental Protection Agency for approval as part of Maryland's State Implementation

Plan.

2. Proposal to adopt new Regulation .27-1 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.

The purpose of this action is to adopt the requirements of the EPA’s Control Techniques Guidelines (CTG) for miscellaneous metal and

plastic parts which include controls for pleasure craft coating operations. EPA develops CTGs as guidance on control requirements for

source categories. States can follow the CTGs or adopt more restrictive standards. MDE proposes to adopt new standards and

requirements that have been developed in coordination with EPA and trade associations representing the pleasure craft industry.

(Technical Support Document)

This action will be submitted to the U.S. Environmental Protection Agency for approval as part of Maryland's State Implementation

Plan.

3. Proposal to remove the Board of Education of Allegheny County's 1979 Consent Order from the State Implementation

Plan. The coal-fired boiler located at Beall High School has been demolished along with the entire school. The Department issued a

construction permit for a 15.5 million BTU per hour coal fired boiler on February 6, 1979.

(Fact Sheet) (Consent Order)

This action will be submitted to the U.S. Environmental Protection Agency for approval as a revision to Maryland's State

Implementation Plan.

4. Proposal to remove the Saint Mary's College 1979 Consent Order from the State Implementation Plan. The coal-fired F.

Keeler Company Boiler has been modified by removing the coal firing capability and converting the boiler to mainly fire natural gas with

No. 2 fuel oil backup. The Department issued a construction permit for this modification on July 18, 2000.

(Fact Sheet) (Permit Application) (Permit Modification) (Consent Order)

This action will be submitted to the U.S. Environmental Protection Agency for approval as a revision to Maryland's State

Implementation Plan. 

The full text of the proposed amendments and new regulation listed under #1 and #2 will appear in the Maryland Register at

http://www.dsd.state.md.us/mdregister on June 15, 2012.

Public hearings on the four (4) proposed actions listed above will be held on July 18, 2012 at 10 a.m. at the Department of the

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

The proposed actions and supporting documents are also available for review at the following locations: the Air and Radiation

Management Administration; regional offices of the Department in Cumberland and Salisbury; all local air quality control offices; and

local health departments in those counties not having separate air quality control offices.

Interested persons are invited to attend and express their views. Comments may be mailed to Deborah Rabin, Regulations Coordinator,

Air and Radiation Management Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore,

Maryland 21230-1720, or emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223. Comments must be received not later than

July 18, 2012, or be submitted at the hearing. For more information, call Deborah Rabin at (410) 537-3240.

Anyone needing special accommodations at a public hearing should contact the Department's Fair Practices Office at (410) 537-3964.

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

Response to Comments for Selected Public Hearings

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HOME MARYLANDER BUSINESS RESEARCH CENTER NEWSROOM email friend print page
MDE Request for Comments

http://www.mde.state.md.us/aboutmde/AboutMDEHome/Pages/aboutmde/reqcomments.aspx[5/11/2012 11:44:27 AM]

Response to comments for the public hearing held on July 11, 2011 for COMAR 26.11.19.11- Related to Volatile Organic

Compounds from Specific Processes- Lithographic and Letterpress Printing

Response to comments for the public hearing held on July 11, 2011 for COMAR 26.11.19.23- Related to Control of VOC

Emissions from Vehicle Refinishing

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1800 Washington Boulevard, Baltimore, MD 21230 | (410) 537-3000
Page 1 of3 

Debbie Rabin - Notice of Public Hearings - Please confirm receipt 

From: 

To: 

Date: 

Debbie Rabin 

Ali Mirzakhalili; Cecily Beall; Diana Esher; John Benedict; Joyce Ep ... 

5/11/2012 12:22 PM 

Subject: Notice of Public Hearings -.Please confirm receipt 

CC: Angelo Bianca; Hal Frankford; Kathleen Cox; Marcia Spink; Tad Aburn 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR & RADIATION MANAGEMENT ADMINISTRATION 

NOTICE OF PUBLIC HEARINGS 

The Maryland Department of the Environment gives notice of public hearings concerning the following 

actions: 

-

1. Proposal to amend Regulation .03 and repeal Regulations .04- .09 under COMAR 

26.11.04 Ambient Air Quality Standards. The purpose of this action is to adopt the following 

revised National Ambient Air Quality Standards (NAAQS) as required by Section 2-302 (c) of 

the Environment Article of the Annotated Code of Maryland: 

• the 2006 revised NAAQS for particulate matter (PM) and update the definitions, 

reference conditions, and methods of measurement as specified in 40 CFR Parts 50, 

53, and 58. 

• the 2010 revised NAAQS for sulfur dioxide (S02) and update the definitions, reference 

conditions, and methods of measurement as specified in 40 CFR Parts 50, 53 and 58. 

• the 2008 NAAQS for ground-level ozone (03) and update the definitions, reference 

conditions, and methods of measurement as specified in 40 CFR Parts 50 and 58. 

• the 2010 revised NAAQS for nitrogen dioxide (N02) and update the definitions, 

reference conditions, and methods of measurement as specified in 40 CFR Parts 50 

and 58. 

• the 2008 NAAQS for lead (Pb) and update the definitions, reference conditions, and 

methods of measurement as specified in 40 CFR Parts 50, 51, 53 and 58. 

In this regulatory action the NAAQS are being incorporated by reference prospectively in order 

for Maryland's ambient air quality standards to be identical to the federal standards at all times. 

This action will be submitted to the U.S. Environmental Protection Agency for approval as part 

of Maryland's State Implementation Plan. 

2. Proposal to adopt new Regulation .27-1 under CO MAR 26.11.19 Volatile Organic 

Compounds from Specific Processes. The purpose of this action is to adopt the 

requirements of the EPA's Control Techniques Guidelines (CTG) for miscellaneous metal and 

plastic parts which include controls for pleasure craft coating operations. EPA develops CTGs 

as guidance on control requirements for source categories. States can follow the CTGs or 

adopt more restrictive standards. MOE proposes to adopt new standards and requirements 

file:/ /C :\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\4F AD046EMD ... 10/24/2012 
Page 2 of3 

that have been developed in coordination with EPA and trade associations representing the pleasure 

craft industry. 

This action will be submitted to the U.S. Environmental Protection Agency for approval as part 

of Maryland's State Implementation Plan. 

3. Proposal to remove the Board of Education of Allegheny County's 1979 Consent Order 

from the State Implementation Plan. The coal-fired boiler located at Beall High School has 

been demolished along with the entire school. The Department issued a construction permit for 

a 15.5 million BTU per hour coal fired boiler on February 6, 1979. 

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

revision to Maryland's State Implementation Plan. 

4. Proposal to remove the Mt. Saint Mary's College 1979 Consent Order from the State 

Implementation Plan. The coal-fired F. Keeler Company Boiler has been modified by 

removing the coal firing capability and converting the boiler to mainly fire natural gas with No. 

2 fuel oil backup. The Department issued a construction permit for this modification on July 18, 

2000. 

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

revision to Maryland's State Implementation Plan. 

The full text of the proposed amendments and new regulation listed under #1 and #2 will appear in the 

Maryland Register at http://www.dsd.state.md.us/mdregister/ on 

June 15, 2012. 

Public hearings on the four (4) proposed actions listed above will be held on 

July 18,2012 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 

1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. 

The technical support documents (TSDs) are available for public review on the Maryland Department 

of the Environment's website at the following address: 

http :1/www. mde .state. md. us/aboutmde/pages/reqcomments.aspx 

The proposed actions and supporting documents are also available for review at the following 

locations: the Air and Radiation Management Administration; regional offices of the Department in 

Cumberland and Salisbury; all local air quality control offices; and local health departments in those 

counties not having separate air quality control offices. 

Interested persons are invited to attend and express their views. Comments may be mailed to 

Deborah Rabin, Regulations Coordinator, Air and Radiation Management Administration, 

Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 

21230-1720, or emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223. Comments 

must be received not later than July 18, 2012, or be submitted at the hearing. For more 

information, call Deborah Rabin at (41 0) 537-3240. 

Anyone needing special accommodations at a public hearing should contact the Department's 

Fair Practices Office at (41 0) 537-3964. TTY users may contact the Department through the 

Maryland Relay Service at 1-800-735-2258. 

GEORGE S. ABURN, JR. 

Director 

Air & Radiation Management Administration 

file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4FAD046EMD... 10/24/2012 
Deborah Rabin, Regulations Coordinator 

Air & Radiation Management Administration 

Maryland Dept. of the Environment 

1800 Washington Blvd., Suite 730 

Baltimore, MD 21230 

Telephone Number: (410)-537-4414 

Page 3 of3 

file:/ /C: \Documents and Settings\drabin \Local Settings\ Temp\XPgrpwise\4 F AD046EMD... 1 0/24/2012 

Subject: 

Created By: 

Scheduled Date: 

Creation Date: 

From: 

Notice of Public Hearings - Please confirm receipt 

drabin@mde.state.md.us 

5/11/201212:22 PM 

Debbie Rabin 

Recipient Action Date & Time Comment ~~~~~~~·"-"'"~ 

~~ To: Ali_fv1irz!kh<:~1Aii.Mirzakhalili@~~~_:c£e~li~L-~~--~~Cl_~s_~~E:!~~-- ~ ~~5~!~!201_2_13~2-~~_fv1 ~ 

~~C: An!!e.'? Bianca (abianca@mde:~c:te.m~~s)~-~~ _ !~~<:!::Party _IJ::>'v'J~Io~~E;!d ~~~-5~/~1_2_/2~~0~_12_~_4:~0,_4_~~A~~M~~--~-,-~-,~--,~-

-~~<:;:_13_1"ian Hug (bhug@mde.state:md.usL___ ~lllptied_~--~ 5/27/2012 12:00 AM 

5/11/201212:22 PM 

Page 1 of 1 

_ 5/1 !'?~1? !?:??~f\.1~ ~~ ?:0.0 lll!:!ssa~erelay~d <~ 

-~!3<:;: David A!nold (arnold.david@epa.go~L __ -~-- __ Transfer~~~~- 5/11/2012 12:22 PM 2.0.0 messajiE;l_~e-~ayE;!d _ 

-~_!3C: Debbie Rabin (drabin@mde.state.m~:ll~L- ----~}hir~:~C:~XE~:v"r1~oa_cled ___ ~!_?~?9~2 4~~~-

5/12/2012 5:20AM 

5/11/2012 12:22 PM 2.0.0111e~~~ge rE;!I~yed 

5/14/201211:50AM 

7/23/2012 1 0:26AM ____ , ____ <<< 

~--<:;~~~c:i£rankford (frankford.harold@epa.gov) Transferred 5/11/2012 12:22 PM 2:g:91lle~sa_g_erei~YE;!~ 

__ !3_C: Joe He_l"b Qherb@mde.state.md.us)~------- _!hird-Party l)ownlo~~=d 5/12/2012 5:32AM 

___ To: Johr1_~enedict (John.A.Benedict@wv.g~--- , ____ Tr_ansferred __ !5/_~_12_0_12~~,?:??£'M<~<< 

To: Joyce Epps Qeepps@state.pa.us) -~-~~---~ _2r~~s~~er~red~~----~-~- 5/11/2012 12:22 PM 

_ _!3_<:;~ Karen_l_l"ons (kirons@mde::~Cl_tE;!.md.us) __ 

CC: Kathleen Cox (cox.kathleen@epa.gov) 

, __ ,,,, 

-~S Ka~_leen Per~t(_kPE:!~~~mde.s~tE:!:Ill~:us) 

_ ~Th i~-P~rty Do_w<~<I<<~C:de~d< __ , < ~5 __ ~1_1_2,/~2-~0-<1_ 2 __ 4_: __ 36,-A_M~~--- <~- < 

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CC: Marcia Spink (spink.marcia@epa.gov) Transferred 5/11/2012 12:22 PM 2.0.0 message relayed _,, __ ,,,,,,-~~~-~-~, ___ ,,~~-~,~~,~-~~-""'' ,,,_,,,,,, 

~!o: Micha_e:I_[)~IJVd (mgdowcj@deq.vi~~Lnia_:~~L _ Transferred 5/11/2012 12:22 PM 

<< ~!J_<:;~~~p~_l:la~l (rhall@mde:~C:tE:!:md_:L~_sL_~~- __ <<<<<< Thir~:~~rty[)():v"nloaded 5/12/2012 4:54AM 

< -~<:;:~C:~L MosiE:!!1flll_c>~~@mde.sta~_-_~d_:u~s) _ _ ____ Emp_tiE;!~ _ 

CC: Tad Aburn (gaburn@mde.state.md.us) Third-Party Downloaded 

5/27/2012 2:25AM 

5/12/2012 4:23AM 

file://C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\4F AD046EMD... 10/24/2012 

Page 1 of3 

Debbie Rabin - Notice of Public Hearings - Please confirm receipt 

From: 

To: 

Date: 

Debbie Rabin 

All County Environmental Health Directors; All County Health Officers; ... 

5/11/2012 12:19 PM 

Subject: Notice of Public Hearings - Please confirm receipt 

CC: Angelo Bianca; Tad Aburn 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR & RADIATION MANAGEMENT ADMINISTRATION 

NOTICE OF PUBLIC HEARINGS 

The Maryland Department of the Environment gives notice of public hearings concerning the following 

actions: 

1. Proposal to amend Regulation .03 and repeal Regulations .04-.09 under COMAR 

26.11.04 Ambient Air Quality Standards. The purpose of this action is to adopt the following 

revised National Ambient Air Quality Standards (NAAQS) as required by Section 2-302 (c) of 

the Environment Article of the. Annotated Code of Maryland: 

• the 2006 revised NAAQS for particulate matter (PM) and update the definitions, 

reference conditions, ·and methods of measurement as specified in 40 CFR Parts 50, 

53, and 58. 

• the 201 0 revised NAAQS for sulfur dioxide (S02) and update the definitions, referer~ce 

conditions, and methods of measurement as specified in 40 CFR Parts 50, 53 and 58. 

• the 2008 NAAQS for ground-level ozone (03) and update the definitions, reference 

conditions, and methods of measurement as specified in 40 CFR Parts 50 and 58. 

• the 2010 revised NAAQS for nitrogen dioxide (N02) and update the definitions, 

reference conditions, and methods of measurement as specified in 40 CFR Parts 50 

and 58. 

• the 2008 NAAQS for lead (Pb) and update the definitions, reference conditions, and 

methods of measurement as specified in 40 CFR Parts 50, 51, 53 and 58. 

In this regulatory action the NAAQS are being incorporated by reference prospectively in order 

for Maryland's ambient air quality standards to be identical to the federal standards at all times. 

This action will be submitted to the U.S. Environmental Protection Agency for approval as part 

of Maryland's State Implementation Plan. 

2. Proposal to adopt new Regulation .27-1 under COMAR 26.11.19 Volatile Organic 

Compounds from Specific Processes. The purpose of this action is to adopt the 

requirements of the EPA's Control Techniques Guidelines (CTG) for miscellaneous metal and 

plastic parts which include controls for pleasure craft coating operations. EPA develops CTGs 

as guidance on control requirements for source categories. States can follow the CTGs or 

adopt more restrictive standards. MOE proposes to adopt new standards and requirements 

file://C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\4F AD03CAM... 10/24/2012 
Page 2 of3 

that have been developed in coordination with EPA and trade associations representing the pleasure 

craft industry. 

This action will be submitted to the U.S. Environmental Protection Agency for approval as part 

of Maryland's State Implementation Plan. 

3. Proposal to remove the Board of Education of Allegheny County's 1979 Consent Order 

from the State Implementation Plan. The coal-fired boiler located at Beall High School has 

been demolished along with the entire school. The Department issued a construction permit for 

a 15-.5 million BTU per hour coal fired boiler on February 6, 1979. 

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

revision to Maryland's State Implementation Plan. 

4. Proposal to remove the Saint Mary's College 1979 Consent Order from the State 

Implementation Plan. The coal-fired F. Keeler Company Boiler has been modified by 

removing the coal firing capability and converting the boiler to mainly fire natural gas with No. 

2 fuel oil backup. The Department issued a construction permit for this modification on July 18, 

2000. 

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

revision to Maryland's State Implementation Plan. 

The full text of the proposed amendments and new regulation listed under #1 and #2 will appear in the 

Marvland Register at http://www.dsd.state.md.us/mdregister/ on June 15, 2012. 

Public hearings on the four (4) proposed actions listed above will be held on 

July 18,2012 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 

1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. 

The technical support documents (TSDs) are available for public review on the Maryland Department 

of the Environment's website at the following address: 

http://www.mde.state.md.us/aboutmde/pages/reqcomments.aspx 

The proposed actions and supporting documents are also available for review at the following 

locations: the Air and Radiation Management Administration; regional offices of the Department in 

Cumberland and Salisbury; all local air quality control offices; and local health departments in those 

counties not having separate air quality control offices. 

Please make these materials available in your office for public review. 

Interested persons are invited to attend and express their views. Comments may be mailed to 

Deborah Rabin, Regulations Coordinator, Air and Radiation Management Administration, 

Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 

21230-1720, or emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223. Comments 

must be received not later than July 18, 2012, or be submitted at.the hearing. For more 

information, call Deborah Rabin at (41 0) 537-3240. 

Anyone needing special accommodations at a public hearing should contact the Department's 

Fair Practices Office at (410) 537-3964. TIY users may contact the Department through the 

Maryland Relay Service at 1-800-735-2258. 

GEORGE S. ABURN, JR. 

Director 

file://C:\Documents and Settings\drabin\Local Settings\ Temp\XPgrpwise\4F AD03CAM... 10/24/2012 
Deborah Rabin, Regulations Coordinator 

Air & Radiation Management Administration 

Maryland Dept. of the Environment 

1800 Washington Blvd., Suite 730 

Baltimore, MD 21230 

Telephone Number: (410)-537-4414 

Page 3 of3 

Air & Radiation Management Administration 

file://C:\Documents and Settings\drabin\Local Settings\Temp\XPgrpwise\4FAD03CAM... 10/24/2012 

Subject: 

Created By: 

Scheduled Date: 

Creation Date: 

From: 

Notice of Public Hearings - Please confirm receipt 

drabin@mde.state.md.us 

5/11/2012 12:19 PM 

Debbie Rabin 

Page 1 of7 

Action Date & Time Comment 

To: Allegany County Environmental Health Director (AL Co Env Health 

Director.FIELD OFFICES PO.FIELD OFFICES) - ~-~~--~ 

To: Allegany County Health Officer (AL Co Health 

Officer.FIELD OFFICES PO.FIELD OFFICES) ~-~--~ ---~~--~~~~~-~~~-~~-

To: Anne Arundel County Environmental Health Director (AA Co Env Health 

Dire~.r::FIELD_OFFICES_P<::).FIELD OFFICESL~. 

Transferred 

Transferred 

Undeliverable 

Transferred 

5/11/2012 

12:40 PM 

5/11/2012 

12:40 PM 

5/11/2012 

12:40 PM 

550 5.1.1 User 

unknown 

To: Anne Arundel Health Officer (AA Co Health 

~fficer.FIELp OFFICES PO.FIELD OFFICES) -~--

To: Baltimore City Environmental Health Director (BA Cty Env Health 

Director.FIELD_OFFICES PO.FIELD OFFICES) Transferred 5/11/2012 

12:40 PM ~~-~-------~-~-~- ·--~~~~---~----- ---~--~---------~--

To: Baltimore City Health Officer (BA Cty Health 

Officer. FIELD_ OFFICES_P_~O~.F~I~EL~D~O-~F~F~IC~E~S.:..) _________ ~ 

To: Baltimore County Environmental Health Director (BA Co Env Health 

Director. FIELD_ OFFICES_PO. Fl ELD _OFFICES) ----~-~~-------~~----- --- To: Baltimore County Environmental Health Director 2 (BA Co Env Health 

Director2.FIELD_OFFICES_PO.FIELD_OFFICES) 

--------

To: Baltimore County Health Officer (BA Co Health 

Officer. FIELD_ OFFICES_PO. FIELD_ OFFICES) -~---

To: Calvert County Health Officer (CA Co Health 

Officer.FIELD OFFICES PO.FIELD_OFFICES) 

To: Caroline and Kent County Health Officer (CO and KE Co Health 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

Transferred 

5/11/2012 

12:40 PM 

5/11/2012 

12:40 PM 

5/11/2012 

12:40 PM 

5/11/2012 

12:40 PM 

5/11/2012 

12:40 PM 

5/11/2012 

12:40 PM 

To: Caroline County Environmental Health Director (CO Co Env Health Transferred 5/11/2012 

Director.FIELD_OFFICES PO.FIELD_OFFICES) 12:40 PM - ~~~-··--~~~~~~--N--~~----~-»~-~~-~-~----~~--~-~ uUU-u> ---~----~-~--~~--

To: Carroll County Environmental Health Director (CL Co Env Health 

Director. FIELD_ OFFICES_PO. Fl ELD _OFFICES) '~-~~-~~~~~ 

To: Carroll County Health Officer (CL Co Health 

Officer.F~LD_OFFICES PO.FII§_LD_OFFICES) -----------------------

Transferred 

Transferred 

5/11/2012 

12:40 PM 

5/11/2012 

12:40 PM 

To: Cecil County Environmental Health Director (CE Co Env Health 5/11/2012 

Director.FII§_LD:-OFFI~ES_P~~FIELD OFFICES) ----------------------- -~---~r~~~fe~ed ________ 12:40 PM 

To: Cecil County Health Officer (CE Co Health 

Officer. FIELD_ OFFICES_PO. FIELD_ OFFICES) 

To: Charles County Health Officer (CH Co Health 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 

Transferred 

Transferred 

5/11/2012 

12:40 PM 

5/11/2012 

12:40 PM ~--~~--~-----~~-~------~-~~----~~"~-~~---~--~------ -~--~-~--~------ ---------~----~-~~"--------~~~------~~-~ 

To: Dorchester County Health Officer (DO Co Health 

Officer.FIELD OFFICES_PO.FIELD OFFICES) Transferred 5/11/2012 

12:40 PM -~----"~-----~-~~~~~-~-----~--~--~~~------~~----~~~-~-~----- --~--~-~---~~--~~------

To: Frederick County Environmental Health Director (FR Co Env Health 

Director.FIELD_OFFICES PO.FIELD_OFFICES) 

To: Frederick County Health Officer (FR Co Health 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) --~~~ -~------~--~--~--~,~,0~>0 , __ ,,,,~,,-~~0''''~ 

To: Garrett County Environmental Health Director (GA Co Env Health 

Director.FIELD OFFICES_PO.FIELD_OFFICES) 

To: Garrett County Health Officer (GA Co Health 

<:)fficer.FIELD OFFICI§__5-~_Q. ~IELD _ O~_F~CE_sL~--~~-----~--- ~­

To: Harford County Environmental Health Director (HA Co Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Harford County Health Officer (HA Co Health 

Delivered 

Delivered 

Transferred 

5/11/2012 

12:19 PM 

5/11/2012 

12:19 PM 

5/11/2012 

12:40 PM ,,,_,,_,0~'-'''"'~------,--------~~----'''-~---~~~~ 

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12:40 PM 

5/11/2012 

file://C :\Documents and Settings\drabin \Local Settings\ Temp\XPgrpwise\4 F AD03 CAM ... 10/24/2012 
To: Howard County Environmental Health Director (HO Co Env Health 

Director. FIELD_ OFFICES_PO. Fl ELD _OFFICES) --~--- ---~- -~------- _, ~ ~ --------~---- --- -~-- ~--- -

To: Howard County Health Officer (HO Co Health 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Kent County Environmental Health Director (KE Co Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) - - --- ----- ~~---~~-~ "' ---- -- ----- -----------~ ----- - - -- - - - ---------- -

To: Montgomery County Environmental Health Director (MO Co Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) -------- --~-----~---~-~---~--~~-~---~-------- ~---- - ----~--~--

To: Montgomery County Environmental Health Director 2 (MO Co Env 

Protection. FIELD_ OFFICES_PO. FIELD_ OFFICES) -- -- -----~- -~----------------------~~-~--------~-------------------~--~-----~-~--- -

To: Montgomery County Health Officer (MO Co Health 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) ------- ---------~--- --- ---~-----------

To: Montgomery County Wells and Permits (MO Co Permits and 

Wells.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Prince Georges County Environmental Health Director (PG Co Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) - ------------- ----------- --- ---------~ ------------------

To: Prince Georges County Health Officer (PG Co Health 

Officer. Fl ELD _ OFFICES_PO. FIELD.:.. OFFICES) ------------ ---~-~- ~~--~ ''"'' ----------------------- ~- ----------- -- - ---

To: Queen Annes County Environmental Health Director (QA Co Env Health 

Director. FIELD _OFFICES_PO. Fl ELD _OFFICES) -»H0>>---------------------------' ~-- --- '> ____ ,,,, __ ,,_,, -- ~--------»->•--> _,,, ''0 

To: Queen Annes County Health Officer (QA Co Health 

Officer. Fl ELD _OFFICES _PO. Fl ELD _OFFICES) ----~----------------- - --~---- -

To: Somerset County Environmental Health Director (SO Co Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) -~-~-------- ~-----~"-''''"~--' -------- - -----

To: Somerset County Health Officer (SO Co Health 

Officer. FIELD_ OFFICES_PO.FIELD_ OFFICES) 

To: St Marys County Environmental Health Director (SM Co Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) - ~- " - ------------ -----~- --- - ~---- -

To: St Marys County Health Officer (SM Co Health 

Officer. FIELD_ OFFICES_PO. Fl ELD_ OFFICES) 

To: Talbot County Environmental Health Director (TACo Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Talbot County Health Officer (TACo Health 

Officer.FIELD ... ,,OFFICES""'~O.FIELD_,OFFICE~) 

To: Washington County Environmental Health Director (WACo Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Washington County Health Officer (WACo Health 

Officer. FIELD_ OFFICES_PO. FIELD_ OFFICES) 

To: Wicomico County Environmental Health Director (WI Co Env Health 

Director.FI ELD _OFFICES _PO. FIELD_ OFFICES) ----------------- -

To: Wicomico County Health Officer (WI Co Health 

Officer. FIELD_ OFFICES_PO. FIELD_ OFFICES) - ---------- - To: Worcester County Environmental Health Director (WO Co Env Health 

Director. Fl ELD _ OFFICES_PO. Fl ELD _OFFICES) -- - -

To: Worcester County Health Officer (WO Co Health 

Officer. FIELD_ OFFICES_PO. FIELD_ OFFICES) ~ ~ ~ 

To: Ace Adkins (AAdkins@mde.state.md.us) 

To: Adam Corry (ACorry@mde.state.md.us) 

To: AI Hooker (AHooker@mde.state.md.us) 

To: Alan Kampmeyer (AKampmeyer@mde.state.md.us) 

To: Allison OHanlon (AOHanlon@mde.state.md.us) 

CC: Angelo Bianca (abianca@mde.state.md.us) 

To: Ann McManus (AMcManus@mde.state.md.us) 

12:40 PM 

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To: April Stehr (AStehr@mde.state.md.us) Deleted 6/6/2012 8:55 

AM 

To: Audrey Hansen (AHansen@mde.state.md.us) Emptied 5/31/2012 

1:11AM 

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Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the 

Public Hearing Relating to Proposed Amendments to 

COMAR 26.11.04 Ambient Air Quality Standards 

held on July 18, 2012 

Baltimore, MD 

My name is Deborah Rabin. I am the Regulations Coordinator for the Air and Radiation 

Management Administration, Department of the Environment. 

 This public hearing is being held pursuant to the requirements of 40 CFR Section 51.102 

and Sections 2-301 et.seq. of the Environment Article, Annotated Code of Maryland. It is also 

being held in conformance with the State Administrative Procedures Act under the State 

Government Article, beginning at Section 10-101. 

Notice of this hearing appeared in the: 

Maryland Register on June 15, 2012; 

MDE's website from May 11, 2012 through July 18, 2012; 

Baltimore Sun on June 15, 2012; 

Washington Post on June 14, 2012; 

Frederick News-Post on June 15, 2012; 

Cumberland Times-News on June 15, 2012; 

Saint Mary's Enterprise on June 15, 2012; 

Salisbury Daily Times on June 15, 2012; and the 

Cecil Whig on June 15, 2012. 

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 26.11.04. 

Summary 

 The purpose of this action is to adopt the following revised National Ambient Air Quality 

Standards (NAAQS) as required by Section 2-302 (c) of the Environment Article of the 

Annotated Code of Maryland: 

1 
2 

•the 2006 revised NAAQS for particulate matter (PM) and update the definitions, reference 

conditions, and methods of measurement as specified in 40 CFR Parts 50, 53, and 58. 

•the 2010 revised NAAQS for sulfur dioxide (SO2) and update the definitions, reference 

conditions, and methods of measurement as specified in 40 CFR Parts 50, 53 and 58 

•the 2008 NAAQS for ground-level ozone (O3) and update the definitions, reference conditions, 

and methods of measurement as specified in 40 CFR Parts 50 and 58. 

•the 2010 revised NAAQS for nitrogen dioxide (NO2) and update the definitions, reference 

conditions, and methods of measurement as specified in 40 CFR Parts 50 and 58. 

•the 2008 NAAQS for lead (Pb) and update the definitions, reference conditions, and methods of 

measurement as specified in 40 CFR Parts 50, 51, 53 and 58. 

In this regulatory action the NAAQS are being incorporated by reference prospectively in order 

for Maryland’s ambient air quality standards to be identical to the federal standards at all times. 

These amendments will be submitted to EPA for approval as part of Maryland's State 

Implementation Plan. 

Consideration of Comments

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

amendments. 
Marlin 0 'Malley 

Govemor 

Maryland Department of Planning 

Antho'!J G. Brown 

Lt. Govemor 

Ms. Deborah Rabin 

May 22,2012 

Regulations Coordinator, Air & Radiation Management Administration 

Maryland Department of the Environment 

1800 Washington Boulevard, Suite 730 

Baltimore, MD 21230 

STATE CLEARINGHOUSE REYIEW PROCESS 

State Application Identifier: MD20120514-0338 

Rkhard Eberharl Hall 

Secretat)' 

Matthe1v]. Pmver 

Dep11ty Secretary 

Project Description: Notice of Public Hearings to be held on July 18, 2012 regarding amendments to COMAR 26.11.04; new 

regulation CO MAR 26.11.19.27-1; and removal of two 1979 Consent Orders from the Maryland State Implementation 

Plan 

Project Location: Maryland 

Clearinghouse Contact: Bob Rosenbush 

Dear Ms. Rabin: 

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

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

governments. 

Notice of your application is being provided to State and local public officials through the llltergovemmelltal Mo11itor, which is a 

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

http://planning.maryland.gov/emircpublic/ . The project has been assigned a unique State Application Identifier that should be 

used on all documents and correspondence. 

All MIRC requirements have been met in accordance with Code of Maryland Regulations (COMAR 34.02.0 1.04-.06) and this 

concludes the review process for the above referenced project. If you need assistance or have questions, contact the State 

Clearinghouse staff person noted above at 410-767-4490 or through e-mail at brosenbush@mdp.state.md.us. Thank you for 

your cooperation with the MIRC process. 

Sincerely, 

Linda 

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

P.S. Great News!! Your project may be eligible to be "FastTracked" through the State permitting processes. For more 

information, go to: http://easy.maryland.gov/wordpresslfasttrackl . 

LCJ:BR 

cc: Kathleen Blinebury - EPA 

I 2-0338 _NM.NEWdoc 

301 Wtst Pmton Street • Suite 1101 • Baltimore, Maryland 21201 -2305 

Telephone: 410. 6 .4500 • Fax: 410. 67.4480 • To// Free: 1.877.767. 6272 • TTY Users: Maryland Rei£!Y 

lntemet: Plan11ing.Mary/afl(/.gov 
1 

1 MARYLAND DEPARTMENT OF THE ENVIRONMENT 

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION 

3 

4 

5 

6 PUBLIC HEARING 

7 

8 CONCERNING PROPOSED AMENDMENTS 

9 TO COMAR 26.11.04 

10 

11 

12 

13 

14 The hearing in the above matter commenced on 

15 Wednesday, July 18, 2012, at the MOE Headquarters, 

16 Montgomery Park, 1800 Washington Boulevard, Baltimore, 

17 Maryland. 

18 

19 BEFORE: KATHLEEN PERRY, Hearing Officer 

20 

21 Reported by: Linda Metcalf 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
2 

1 A P P E A R A N C E S 

2 

3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT: 

4 

5 KATHLEEN PERRY 

6 Legislative Coordinator 

7 Regulation Development Division 

8 Air and Radiation Management 

9 Maryland Department of the Environment 

10 1800 Washington Boulevard 

11 Baltimore, Maryland 21230 

12 

13 

14 DEBORAH RABIN 

15 Regulations Coordinator 

16 Regulation Development Division 

17 Maryland Department of the Environment 

18 1800 Washington Boulevard, Suite 730 

19 Baltimore, Maryland 21230 

20 

21 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
3 

1 I N 0 E X 

2 

3 Speaker: Page: 

4 Kathleen Perry, MOE 4 

5 Deborah Rabin, MOE 5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
4 

1 P R 0 C E E D I N G S 

2 

3 MS. PERRY: Good morning. On behalf of the 

4 Department of the Environment and the Air and Radiation 

5 Management Administration, I would like to welcome you to 

6 this public hearing. 

7 My name is Kathleen Perry and I am the 

8 Legislative Coordinator for the Air and Radiation 

9 Management Administration. I will serve as hearing 

10 officer for today's hearing. 

11 I would like to ask all of you in attendance 

12 today to please sign in, if you haven't already done so. 

13 This will help us to keep an accurate record of the 

14 people who participate in the hearing. Also, copies of 

15 our regulation proposal, support documents, and the 

16 Department's statement are available on the table for 

17 your information. 

18 This hearing concerns Air Quality Regulations 

19 found in the Code of Maryland Regulations, Title 26, 

20 Subtitle 11, Air Quality. The Secretary of the 

21 Department proposes to amend Regulation .03 and repeal 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
5 

1 Regulations .04 through .09 under COMAR 26.11.04, Ambient 

2 Air Quality Standards. 

3 The purpose of this hearing is to give you the 

4 opportunity to comment on this action. 

5 The Opportunity for Public Comment for this 

6 proposed action appeared in the Maryland Register, Volume 

7 39, Issue 12, Page 756 on June 15, 2012. 

8 The hearing will proceed in the following 

9 order. First, Deborah Rabin will make a statement on 

10 behalf of the Air and Radiation Management 

11 Administration. After Ms. Rabin is finished, I will call 

12 on any elected official or government official who wants 

13 to make a statement. Then, I will call upon anyone else 

14 who indicated on the sign-in sheet that he or she would 

15 like to make a statement. 

16 When giving your statement, please identify 

17 yourself and your affiliation, and give your statement 

18 loudly and clearly. Are there any questions? 

19 I will now call on Ms. Rabin. 

20 MS. RABIN: My name is Deborah Rabin. I am the 

21 Regulations Coordinator for the Air and Radiation 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
6 

1 Management Administration, Department of the Environment. 

2 This public hearing is being held pursuant to 

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

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

5 of Maryland. It is also being held in conformance with 

6 the State Administrative Procedures Act under the State 

7 Government Article, beginning at Section 10-101. 

8 Notice of this hearing appeared in the: 

9 Maryland Register on June 15, 2012; the Department's 

10 website from May 11, 2012 through today, July 18, 2012; 

11 the Baltimore Sun on June 15, 2012; the Washington Post 

12 on June 14, 2012; the Frederick News-Post on June 15, 

13 2012; Cumberland Times-News on June 15, 2012; Saint 

14 Mary's Enterprise on June 15, 2012; Salisbury Daily Times 

15 on June 15, 2012; and the Cecil Whig on June 15, 2012. 

16 Due to the fact that no one has come to attend 

17 this public hearing, I will submit the rest of this 

18 hearing statement into the record. 

19 

20 Statement of the Air and Radiation Management 

21 Administration 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
7 

1 Department of the Environment 

2 for the 

3 Public Hearing Relating to Proposed Amendments to 

4 COMAR 26.11.04 Ambient Air Quality Standards 

5 held on July 18, 2012 

6 Baltimore, MD 

7 My name is Deborah Rabin. I am the Regulations 

8 Coordinator for the Air and Radiation Management 

9 Administration, Department of the Environment. 

10 This public hearing is being held pursuant to 

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

12 301 et. seq. of the Environment Article, Annotated Code 

13 of Maryland. It is also being held in conformance with 

14 the State Administrative Procedures Act under the State 

15 Government Article, beginning at Section 10-101. 

16 Notice of this hearing appeared in the: 

17 Maryland Register on June 15, 2012; the Department's 

18 website from May 11, 2012 through today, July 18, 2012; 

19 the Baltimore Sun on June 15, 2012; the Washington Post 

20 on June 14, 2012; the Frederick News-Post on June 15, 

21 2012; Cumberland Times-News on June 15, 2012; Saint 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
8 

1 Mary's Enterprise on June 15, 2012; Salisbury Daily Times 

2 on June 15, 2012; and the Cecil Whig on June 15, 2012. 

3 Copies of these notices were submitted for the 

4 record. 

5 Copies of the proposed amendments and 

6 supporting documents were submitted for review to the 

7 State Clearinghouse and are also submitted at this time 

8 into the hearing record. Copies of the proposed 

9 amendments and supporting documents were made available 

10 for public inspection at the Air and Radiation Management 

11 Administration offices in Baltimore, Cumberland, and 

12 Salisbury, and at all local health departments or local 

13 air quality control offices. 

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

15 public an opportunity to comment on proposed amendments 

16 to COMAR 26.11.04. 

17 Summary 

18 The purpose of this action is to adopt the 

19 following revised National Ambient Air Quality Standards 

20 (NAAQS) as required by Section 2-302 (c) of the 

21 Environment Article of the Annotated Code of Maryland: 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
9 

1 • the 2006 revised NAAQS for particulate matter 

2 (PM) and update the definitions, reference conditions, 

3 and methods of measurement as specified in 40 CFR Parts 

4 50, 53, and 58. 

5 • the 2010 revised NAAQS for sulfur dioxide (S02) 

6 and update the definitions, reference conditions, and 

7 methods of measurement as specified in 40 CFR Parts 50, 

8 53 and 58 

9 • the 2008 NAAQS for ground-level ozone (03) and 

10 update the definitions, reference conditions, and methods 

11 of measurement as specified in 40 CFR Parts 50 and 58. 

12 the 2010 revised NAAQS for nitrogen dioxide 

13 (N02) and update the definitions, reference conditions, 

14 and methods of measurement as specified in 40 CFR Parts 

15 50 and 58. 

16 • the 2008 NAAQS for lead (Pb) and update the 

17 definitions, reference conditions, and methods of 

18 measurement as specified in 40 CFR Parts 50, 51, 53 and 

19 58. 

20 In this regulatory action the NAAQS are being 

21 incorporated by reference prospectively in order for 

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10 

1 Maryland's ambient air quality standards to be identical 

2 to the federal standards at all times. 

3 These amendments will be submitted to EPA for 

4 approval as part of Maryland's State Implementation Plan. 

5 Consideration of Comments 

6 The Department will consider all comments 

7 before making a decision to adopt these amendments. 

8 

9 MS. PERRY: Thank you, Ms. Rabin. 

10 Let the record reflect that no one has appeared 

11 to attend this public hearing. This will conclude the 

12 public hearing regarding proposed amendments to COMAR 

13 26.11.04, Ambient Air Quality Standards. 

14 Let the record reflect that it is now 10:38 and 

15 this hearing is officially concluded. 

16 (Whereupon, the hearing was concluded). 

17 

18 

19 

20 

21 

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1 CERTIFICATE OF COURT REPORTER 

2 

3 I, Linda Metcalf, do hereby certify that the 

4 foregoing transcription was reduced to typewriting via 

5 audiotapes recorded by me; that I am neither counsel for, 

6 nor related to, nor employed by any of the parties to the 

7 case in which these proceedings were transcribed; that I 

8 am not a relative or employee of any attorney or counsel 

9 employed by the parties hereto, nor financially or 

10 otherwise interested in the outcome of the action. 

11 

12 

13 

14 

15 

16 LINDA METCALF 

17 Court Reporter 

18 

19 

20 

21 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
NO ONE ATTENDED THE PUBLIC HEARING 

AND 

NO COMMENTS WERE RECEIVED 

 DURING THE 30-DAY COMMENT PERIOD 
TECHNICAL SUPPORT DOCUMENT

Department of the Environment 

Amendments to COMAR 26.11.04 

Ambient Air Quality Standards

Purpose of the Amendments 

The purpose of this action is to adopt the following revised National Ambient Air Quality 

Standards (NAAQS) as required by Section 2-302 (c) of the Environment Article of the 

Annotated Code of Maryland: 

• the 2006 revised NAAQS for particulate matter (PM) and update the definitions, 

reference conditions, and methods of measurement as specified in 40 CFR Parts 50, 53, 

and 58. 

• the 2010 revised NAAQS for sulfur dioxide (SO2) and update the definitions, reference 

conditions, and methods of measurement as specified in 40 CFR Parts 50, 53 and 58 

• the 2008 NAAQS for ground-level ozone (O3) and update the definitions, reference 

conditions, and methods of measurement as specified in 40 CFR Parts 50 and 58. 

• the 2010 revised NAAQS for nitrogen dioxide (NO2) and update the definitions, 

reference conditions, and methods of measurement as specified in 40 CFR Parts 50 and 

58. 

• the 2008 NAAQS for lead (Pb) and update the definitions, reference conditions, and 

methods of measurement as specified in 40 CFR Parts 50, 51, 53 and 58. 

In this regulatory action the NAAQS are being incorporated by reference prospectively in order 

for Maryland’s ambient air quality standards to be identical to the federal standards at all times. 

These amendments will be submitted to the U.S. Environmental Protection Agency (EPA) for 

approval as part of Maryland's State Implementation Plan. 

Background 

The Clean Air Act directs EPA to set NAAQS for pollutants and requires EPA to review the 

standards once every five years to determine whether revisions to the standards are appropriate. 

Section 2-302 (c) of the Environment Article of the Maryland Code states that the Department 

shall set ambient air quality standards for pollutants that are identical to national primary or 

secondary ambient air quality standards set by the federal government. 

1 
Particulate Matter 

On October 17, 2006, EPA's Final Rule was published (71 FR 61143) for particulate matter. 

EPA’s revised standards addressed fine particulate matter (PM2.5), which has an aerodynamic 

diameter of less than or equal to 2.5 micrometers, and course particulate matter (PM10), which 

has an aerodynamic diameter between 2.5 and 10 micrometers. For PM2.5, the 2006 standards 

tightened the 24-hour fine particle standard (established in 1997) from 65 micrograms per cubic 

meter (μg/m3) to 35 μg/m3. EPA retained the annual fine particle standard of 15 μg/m3. EPA 

also retained the existing 24-hour PM10 standard of 150 μg/m3, and revoked the annual PM10 

standard due to a lack of evidence linking health problems to long-term exposure to coarse 

particle pollution. 

Sulfur Dioxide

On June 22, 2010, EPA’s Final Rule was published revising the primary (health-based) SO2

standard (75 FR 35519). The rule established a new 1-hour standard at a level of 75 parts per 

billion (ppb). The new 1-hour standard will protect public health by reducing people’s exposure 

to high short-term (5-minutes to 24-hours) concentrations of SO2. The standard addresses 

gaseous SOx only, meaning SO2, particulate forms of SOx are addressed by the PM standard. 

EPA revoked the 24-hour standard of 140 ppb and the annual standard of 30 ppb because these 

standards do not add additional public health protection given the new 1-hour standard at 75 ppb. 

Ozone

On March 27, 2008 EPA’s Final Rule was published (73 FR 16435) which significantly 

strengthened its NAAQS for ground-level ozone, the primary component of smog. EPA revised 

the 8-hour “primary” ozone standard, designed to protect public health, to a level of 0.075 parts 

per million (ppm). The previous standard, set in 1997, was 0.08 ppm. 

EPA also strengthened the secondary 8-hour ozone standard to the level of 0.075 ppm making it 

identical to the revised primary standard to protect public welfare. This action was taken because 

ozone air quality concentrations in many areas of the country are high enough to harm sensitive 

vegetation and ecosystems. Repeated exposure to ozone leads to reduced growth and 

productivity, increased susceptibility to disease and pests, and damaged foliage. 

EPA estimated that the revised standards will yield health benefits valued between $2 billion and 

$17 billion. Those benefits include preventing cases of bronchitis, aggravated asthma, hospital 

and emergency room visits, nonfatal heart attacks and premature death, among others. 

Nitrogen Dioxide

On February 9, 2010, EPA’s Final Rule was published (75 FR 06473) setting a 1-hour NO2

standard at the level of 100 parts per billion (ppb). Prior to the Final Rule there was only an 

annual standard. The new standard will protect against adverse health effects associated with 

exposure to short-term peak concentrations of NO2 – which primarily occur near major roads. 

 2
The standard will limit community-wide NO2 concentrations to levels below those that have 

been linked to respiratory-related emergency department visits and hospital admissions. 

EPA retained, with no change, the annual average NO2 standard of 53 ppb. 

EPA did not change the secondary NO2 standard, set to protect public welfare. EPA is 

considering the need for changes to the secondary standard under a separate review. 

Lead

On November 12, 2008, EPA's Final Rule was published (73 FR 66963) revising the level of the 

primary lead standard from the 1978 lead standard of 1.5 micrograms per cubic meter (μg/m3) to 

0.15 μg/m3, measured as the concentration of lead in total suspended particles (TSP). EPA 

determined that the 1978 standard is not sufficient to protect public health with an adequate 

margin of safety. The revised standards are 10 times tighter than the 1978 standards and will 

improve health protection for at-risk groups, especially children. 

Sources Affected and Location 

These tighter NAAQS have the potential to require emissions controls upon area, non-road, 

mobile, and point sources throughout the State of Maryland. 

Economic Impact on Affected Sources 

Particulate Matter Standard

EPA estimated the cost of meeting the revised 24-hour PM2.5 standards at $5.4 billion in 2020, 

nationwide. This estimate includes the costs of purchasing and installing controls for reducing 

pollution to meet the standard. 

Sulfur Dioxide

EPA estimated the cost of meeting the NAAQS for sulfur dioxide at $15,000 per ton of 

emissions, but states that this estimate does not account for more significant reductions necessary 

in some areas. 

Nitrogen Dioxide 

EPA estimated that the annualized average cost of controls to attain the NO2 NAAQS would be 

in the range of $3,000 to $6,000 per ton. 

Ozone Standard 

To estimate the costs of meeting a standard, EPA uses several peer-reviewed approaches for 

modeling the cost of using both existing controls and controls that may be developed in the 

future for reducing NOx and VOCs. EPA estimated that costs of implementing a standard of 

 3
0.075 ppm would range from a low of $7.6 billion to a high of $8.8 billion annually in 2020, 

nationwide. 

Lead

EPA estimated annual costs of implementing the standards at approximately $150 million to $2.8 

billion, nationwide, by analyzing the cost of using both existing controls and controls that may 

be developed in the future for reducing lead from industrial sources. 

Economic Impact on the Department 

For air quality standards which the State does not meet attainment, sections of the Clean Air Act 

require the development of inventories, modeling, regulation development and implementation, 

permitting and compliance determinations. The State will need to demonstrate attainment 

strategies with a State Implementation Plan and rate of progress. The Clean Air Act requirements 

necessitate considerable staff time for the Department. 

Economic Impact on Local Governments 

Regulations adopted to meet the NAAQS may necessitate expenditures by local governments 

which provide assistance with permitting and compliance. 

 4
Title 26 DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 04 Ambient Air Quality Standards 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, 

Annotated Code of Maryland 

.02 Ambient Air Quality Standards, Definitions, Reference Conditions, 

and Methods of Measurement. 

For the purposes of this chapter, the ambient air quality standards, definitions, reference 

conditions, and methods of measurement are those specified in 40 CFR Parts 50, 51, 53, 

and 58, as amended.