March 10, 2009 TTY USERS CALL VIA MD RELAY

RECEIVED

Mr. William T. WisniewskiActing Regional Administrator

U.S. EPA Region 3

1650 Arch Street 1 1’ 1

Philadelphia PA 19 103-2029 ““.Dear Mr. Wisniewski:As required by the Clean Air Act, Maryland is providing recommendations for nonattainmentareas under the revised 8-hour ozone standard.

Lowering the ozone standard from 0.08 parts per million (ppm) to 0.075 ppm will require

significant reductions in both local and regional ozone pollution. Maryland will continue to

adopt local control programs to reduce locally formed ozone. Since most of Maryland isalready heavily regulated due to existing ozone and fine particle requirements, Maryland willalso rely heavily on reductions in transported pollution to meet this more stringent standard.Maryland’s scientific research, which uses airplanes, ozone-measuring balloons, and lasermeasuring techniques, has documented that air transported into Maryland can often carry

levels of ozone already exceeding the standard. With “incoming” ozone levels above the

standard, strong national rules will be needed for areas like Maryland to attain the revised

ozone standard. Many ofthe national rules needed are already being successfully

implemented in many ofthe Ozone Transport Region states. Strong national rules will help

“level the playing field” for areas that significantly contribute to Maryland’s nonattainment

problem.

Maryland recommends that the existing nonattainment structure remain intact, if EPA isconfident that strong national rules will be in place three years in advance of Maryland’sattainment date. Please note this means that strong national rules will be needed by 2011.

Retaining existing nonattainment areas benefits Maryland by providing consistent StateImplementation Plan development and transportation conformity implementation.In the alternative, if EPA is not confident that strong national rules will be in place three years

in advance of Maryland’s attainment date under the revised standard, Maryland supports theimplementation of a large regional nonattainment area encompassing a significant portion of

the U.S. East Coast. This large regional nonattainment area would force regional controls and

reductions in transported pollution in an appropriate time frame.
Maryland

s recommendations are based on three guiding principles:

1. Accountability -EPA must continue to hold upwind areas that contribute to poor air quality

in downwind areas responsible for making appropriate reductions in emissions. Maryland

needs significant reductions in transported pollutants to meet the standard.

2. Maintaining Effective Planning Processes -Existing, effective air quality planning and

transportation conformity processes like those in the Baltimore and Washington areas

should be recognized and maintained whenever possible. Maryland works with severalseparate Metropolitan Planning Organizations in developing clean air and transportation

plans. This has worked very well for certain Clean Air Act requirements, like

transportation conformity, where air quality and transportation planning responsibilities

overlap.

3. Consistency -EPA needs to ensure that a consistent designation policy is used nationally

that takes into consideration the existing ozone nonattainment areas. Maryland is

recommending that EPA designate the same nonattainment areas for Maryland whencomparing the revised 8-hour ozone standard and the existing 8-hour ozone standard. This

allows for a consistent planning process and a consistent transportation conformity process.

The following table summarizes the specific areas that Maryland is recommending as attainment,

nonattainment, or secondary control region areas:

TABLE 1

Maryland’s Revised 8-hour Ozone Designation Recommendation

Designated Area DesignationBaltimore Area

Anne Arundel County Nonattainment

Baltimore City NonattainmentBaltimore County Nonattainment

Carroll County Nonattainment

Harford County NonattainmentHoward County Nonattainment
Calvert County NonattainmentCharles County NonattainmentFrederick County Nonattainment

Montgomery County Nonattainment

Prince Georges County Nonattainment

Hagerstown — WV Panhandle Area

Washington County Nonattainment

Philadelphia - Wilmington - Trenton Area

Cecil County Nonattainment

Upper Eastern Shore Area

Kent County NonattainmentQueen Anne’s County Nonattainment

Unclassifiable (Attainment) Counties*

Allegany County AttainmentGarrett County Attainment

St. Mary’s County Attainment

Caroline County Attainment

Dorchester County Attainment

Talbot County Attainment

Wicomico County Attainment

Somerset County Attainment

Worcester County Attainment

* Maryland would support these counties designated as nonattainment if EPA chooses to implement

larger regional nonattainment areas

Regardless ofthe designation, Maryland continues to support enforcement of Section

I 1O(a)(2)(D) ofthe Clean Air Act to ensure reductions in transport and hold upwind nonattainment

areas accountable. Maryland also support the use ofClean Air Act Section 1 1O(a)(2)(D) inreviewing and approving redesignation and clean data requests.
If you have any questions on this submission, please contact Shari T. Wilson, Secretary,Maryland Department of Environment at (410) 537-3893.

Enclosure: Map of 8-Hour Ozone Design Values for 2007

cc: Shari T. Wilson, Secretary, Maryland Department of Environment
Spatial Extent f the 8-Hour Ozone Non-attainment Areas in 2008

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Delaware

AIRS-ID Monitor

100051002 Sussex Seaford

100051003 Sussex Lewes

100010002 Kent Killens Pond100031007 New Castle Lums Pond100031013 New Castle Bellefonte

100031010 New Castle Brandywine

Ma land

AIRS-ID County Monitor

240430009 Washington Hagerstown

240210037 Frederick Frederick Airp

240130001 Carroll South Carroll240170010 Charles S Maryland240313001 Montgomery Rockville

240051007 Baltimore Padonia

240053001 Baltimore Essex

240290002 Kent Millington240150003 Cecil Fair Hill

240338003 Prince Georges PG Coun.Egues.

240259001 Harford Aldino

240330002 Prince Georges Greenbelt

240030014 Anne Arundel Davidsonville240030019 AnneArundel Ft. Meade240251001 Harford Edgewood

•‘X’A

From “Projected 8-h Ozone Air Quality over the Ozone Transport Region,” TSD- I h, Bureau of Air Quality

Analysis and Research, Division of Air Resources, New York State Department of Environmental Conservation,

Albany, NY 12233, March 26, 2007.