1 **UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III**  **1650 Arch Street Philadelphia, Pennsylvania 19103** 
**DATE:** March 20, 2014 **SUBJECT:** Technical Support Document (TSD) for the State of Mary land Implementation

Plan for Section 110(a)( 2) Infrastructure Requirements for the 2008 Lead (Pb ) National Ambient Air Quality Standards **FROM:** Ruth Knapp /s/ , Environmental Protection Specialist

Office of Air Program Planning **TO:** File **THRU:** Cristina Fernandez /s/ ,

Associate Director, Office of Air Program Planning
**A. INTRODUCTION**  The U.S. Environmental Protection Agency (EPA) is taking action on the State of Mary land State Implementation Plan (SI P) revision s submitted by the Mary land Department of the Environment (MDE) to meet the Clean Air Act (CAA) section 110(a)(2) requirements for the revised 2008 Lead N ational A mbient A ir Q uality S tandard (NAAQS)
. **B. BACKGROUND 2008 Lead**  **NAAQS** On October 15, 2008, EPA revised the primary and secondary

lead NAAQS from 1.5 micrograms per cubic meter (μg/m 3 ) to 0.15 μg/m 3 . Section 110(a) of the CAA requires states to submit SI Ps that provide for the implementation, maintenance, and enforcement of new or revised NAAQS within three ye ars following the promulgation of such NAAQS. Section 110(a) of the CAA imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS. For the 2008 lead NAAQS, states ty picall y have met many of the basic program elements re quired in section 110(a)(2) of the CAA through earlier SI P submissions in connection with previous lead standards. Section 110(a)(2) of the CAA lists specific elements that states must meet or continue to meet in these SI P submissions. The requirements i nclude SI P infrastructure elements such as requirements for modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS. Section 110(a)(2) of the CAA infrastructure elements (A) through (M) are liste d in EPA’s memorandum2

from Stephen D. Page, Director, Office of Air Quality Planning and Standards to the Regional Air Division Directors, Regions 1

- 10, “ Guidance on Infrastructure State Implementation Plan (S IP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS) ,” October 14, 2011, (hereafter referred to as “Lead Infrastructure Guidance”). **C. EPA REQUIREMENTS** As discussed above, for the 2008 lead NAAQS, states must provide SI P submissions, or provide certification that the existing SI P contains provisions addressing relevant infrastructure SI P elements from section 110(a)(2)(A) through (M) of the CAA. To help states meet this statutory requirement, EPA issued the Lead Infrastructure Guidance, which listed the basic elements that states must include in their SI Ps.
**D. STATE’S SUBMITTAL** To satisfy the requirements of section 110(a) (1) and (2) of the CAA fo r the 2008 lead NAAQS , MDE submitted two SI P revision s in accordance with the Le ad Infrastructure Guidance
. T he first lead infrastructure SIP revision was submitted to EPA on January 3, 2013 , and a supplemental revision was submitted on August 14, 2013. EPA is acting on both submittals and is acting on all elements except 110(a)(2)(I) and portions of elements that pertain to Part D nonattainment area requirements
. **E. EVALUATION OF STATE SUBMITTAL 1. Section 110(a)(2)(A)**  According to the lead infrastructure submitta l of January 3, 2013 and Maryland’s current SI P, enforceable emission limitations and other control measures are found in portions of the Maryland SI P including , but not limited to , COMAR 26.11.01, 26.11.02, 26.11.04, 26.11.06 and 26.11.1 7. S ource specific rules are listed in 40 CFR 52. 1070(d) and approved plans are in 40 CFR 52.1070(e). Based upon EP A ’s review of the January submittal , the Lead Infrastructure Guidance, and Mary land’s current SI P, EPA finds that Maryland ha s met its obligations pursuant to110(a)(2)(A) of the CAA
. EPA does not consider SIP requirements triggered by the nonattainment area mandates in part D of Title Iof the CAA to be governed by the submission deadline of section 110(a)(1). Nevertheless, the State may have included some previous EPA

- approved SIP provisions originall y submitted in response to part D in its submission documenting its compliance with the requirements of sections 110(a)(1) and (2) of the CAA. For the purposes of this rulemakin g action, EPA has reviewed the above identified Maryland submittals, including an y rules originall y submitted in response to part D, or references thereto, solel y for the purposes of3

determining whether such submittals support a finding that the state has met the basic infrastructure requirements under section 110(a)(2). In this rulemaking action, EPA is not proposing to approve or disapprove any existing Mary land provisions with regard to excess emissions during startup, shutdown, and malfunction (SSM) of operations at a facility . EPA believes that a number of states have SSM provisions wh ich are contrary to the CAA and existing EPA guidance (August 11, 1999 Steven Herman and Robert Perciasepe Guidance Memorandum, “State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown”), and the Agency is a ddressing such state regulations in a separate rulemaking. See 78 FR 12460. In the meantime, EPA encourages any state having a deficient SSM provision which is contrary to the CAA and EPA guidance to take steps to correct it as soon as possible. Also in this rulemaking action, EPA is not proposing to approve or disapprove any existing Maryland rules with regard to director’s discretion or variance provisions. EPA believes that a number of states have such provisions which are contrary to the CAA and exis ting EPA guidance (52 FR 45109, November 1987), and the Agency is addressing such state regulations in a separate rulemaking. See 78 FR 12460. In the meantime, EPA encourages any state having director’s discretion or variance provisions which are contrary to the CAA and EPA guidance to take steps to correct the deficiency as soon as possible. **2. Section 110(a)(2)(B)** According to the January 2013 submittal and Maryland’s current SI P , Mary land’s authority to monitor can be found in §§2
- 103(b)(2) and 2

- 301(a)(1), Environment Article, Annotated Code of Maryland and in COMAR 26.11.04.0 2 (specifying methods of measuring ambient air quality levels shall be those specified in 40 CFR Parts 50, 53 and 58). Maryland operates and maintain s a network 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. All ambient air monitor s in the Maryland network are subjected to the Quality Assurance requirements of 40 CFR Part 58 Appendix A. In addition, all samplers are located at sites that have met the minimum siting requirements of Part 58, Appendix E. In Mary land, no specific st atutory authority is necessary

to authorize data analysis or the submission of such data to EPA. Federal grant requirements establish the obligation to provide d ata to EPA. In order to keep EPA informed of changes to the sampling network, MDE provides EPA Region III with prior notification of any planned changes to the network. As needed, details of these changes and anticipated approvals of the changes are communicated to EP A. Pursuant to 40 CFR Part 58, Subpart B, Section 58.10, MDE sends the EPA Regional Administrator an Annual Monitoring Network Plan for approval that details any modifications to the network. This plan also provides a description of each modification, the reason for each modification, and any other information relevant to the modifications. 40 CFR Section 58.10 also requires MDE (beginning July 1, 2010) to perform and submit to the EPA Regional Administrator an assessment of the Maryland ambient air4

monitor ing network every five years to determine, at a minimum, if the network meets the monitoring objectives defined in 40 CFR Part 58, Appendix D
. Th e docket for this proposed rulemaking contains the most recent approval from EPA of the current monitoring network plan
. Maryland has . MDE will continue to submit data to EPA's Air Quality System (AQS). MDE collects and reports to EPA ambient air quality data for lead as well as other NAAQS. The reports comply with the federal requirements of 40 CFR 58.35. As necessary , the submitted data is reviewed, edited, validated, and entered into the EPA AQS for updating pursuant to prescribed AQS procedures. MDE analyzes such air quality

data to determine attainment status or progress. Based upon EPA’s review of the January 2013 submittal , the L ead Infrastructure Guidance, and Maryland’s current SIP , EPA finds that Maryland has met its obligations pursuant to 110(a)(2)(B) of the CAA
. **3. Section 110(a)(2)(C)** Maryland ’s statutory

provisions for the enforcement of the provisions described in section 110(a)(2)(A) of the C AA are found at §§2

- 601
- 2
- 614 of the Environment Article of the Annotated Code of Maryland. Specific enforcement provisions for the items under section 110(a)(2)(A), above, may also be found in Mary land’s SI P at 40 CFR 52.1070. T he Mary land SIP includes a SI P approved program to provide for regulation of modification and construction of stationary sources within the S tate, including Mary land’s permitti ng program for part C of Title I of the CAA.

 Marylan d’s permit to construct and Prevention of Significant Deterioration ( PSD ) approval program requirements are found in COMAR 26.11.02, which also contains enforcement provisions for violations of permits to construct, PSD approvals, and operating permits.

 COMAR 26.11.06.14 contains pre

- construction permitting requirements for P SD sources and was last approved by EPA on August 2, 2012 (77 FR 45949) to implement requirements of EPA’s final PSD and Title V Greenhouse Gas Tailoring Rule, which was published in the Federal Register on June 3, 2010 (75 FR 31514).

 COMAR 20.79, “Appli cations Concerning the Construction or Modification of Generating Stations and Overhead Transmission Lines,” particularl y the EPA SI P
- approved portions of this chapter, regulate construction and modification of electric generating stations, including consi deration of related air qualit y impacts.5  The following SIP

- approved portions of the Public Utilities Article, Annotated Code of Mary land also establish requirements for construction and modification of electric generating stations: o § 7
- 205, Electric companies

– Modification of power plant o § 7
- 207, Generating stations or transmission lines

-- General certification procedure o § 7
- 208, Generating stations or transmission lines

-- Joint construction of station and associated lines

 Maryland’s Title V permi ts are under COMAR 26.11.03. This chapter of COMAR also includes provisions providing for enforcement of Title V permits (COMAR 26.11.03.21, “General Part 70 Permits”). Note that COMAR 26.11.03 is not part of Mary land’s EPA

- approved SIP and is mentioned here just for reference purposes. Based upon EPA’s review of the January 2013 submittal , the L ead Infrastructure Guidance, and Maryland’s current SIP , EPA finds that Maryland has met its obligations pursuant to 110(a)(2)( C) of the CAA
. **4. Section**  **110(a)(2)(D )**  **Section 110(a)(2)(D)(i)(I)** In accordance with the decision of the U.S. Court of Appeals for the D istrict of Columbia , the EPA at this time is not treating the 110(a)(2)(D)(i)(I) SIP submission from the State of Mary land as a required SI P submission. See EME Homer City Generation, L.P. v. EPA, 696 F .3d 7 (D.C. Cir. 2012), cert. granted, 133 U.S. 2857 (2013)
. However, even if the submission is not considered to be “required,” the EPA must act on the 110(a)(2)(D)(i)(I) SIP submission from Mary land because section 110(k)(2) of the CAA requires the EPA to act on all SI P submissions. Unless the EME Homer City decision is reversed or otherwise modified by the Supreme Court, states are not required to submit 110(a)(2)(D)(i)(I) SI Ps until the E PA has quantified their obligations under that section. The portions of the SI P submission relating to 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii), in contrast, are required. In this rulemaking action , EPA is proposing to act on all portions of Maryland’s 110(a)(2)(D) submittal. All areas of Mary land are covered by a SIP approved PSD program as discussed above for section 110(a)(2)(C), and Maryland does not have any Class I Areas. The phy sical properties of lead prevent lead emissions from experiencing the same travel or formation phenomena as fine particulate matter (PM 2.5 ) or ozone. There is a sharp decrease in lead concentrations, at least in the coarse fraction, as the distance from a source increases. While it is possible for a source in a state t o emit lead in a location and in quantities that may contribute significantly

to nonattainment or interfere with maintenance in another state, EPA believes this would be a rare situation, e.g., where large sources are in close proximity to state boundaries
. See Lead In frastructure Guidance. According to the 2011 National Emission Inventory (NEI) Version 1, there are no sources in Maryland with emissions above 0.5 tons per y ear (tpy) of lead . The6

largest source of emissions from Frederick Airport has 0.43 tpy of lead emissions . This source is more than seven miles from the border of Penns yl vania. Therefore, because the physical properties of lead prevent lead emissions from traveling long distances and there is a sharp decrease in lead concentrations as the distance from a source increases, EPA finds lead sources in Maryland do not have emissions that impact neighboring states such that they contribute significantly to nonattainment or interfere with maintenance by any other states. Based upon EPA’s review of the January 2013 submittal , information from Version 1 of the 2011 NEI and the Lead Infrastructure Guidance, EPA finds that Maryland has met its obligations pursuant to 110(a)(2)(D)(i)(I) of the CAA
. **Section 110(a)(2)(D)(i )(II)**  For al l areas of Mary land , a SI P approved PSD program is in place. The permitting program is codified at 40 CFR 52.1070 and is discussed in detail above for 110(a)(2)(C) of the CAA
. The following EPA SIP

- approved regulations pertain to PSD : **EPA SIP -**  **approved PSD provisions COMAR Subtitle/Chapter**  **Description** 26.11.02 Permits, Approvals, and Registration 26.11.06.14 Pre
- construction permitting for PSD sources 26.11.01.01,26.11.02.01, and 26.11.02.12 Provisions implementing EPA’s final PSD and Title V Greenhouse Gas Tailoring

Rule 20.79.01.01 through 20.79.01.03 Regulation of construction and modification of electric generating stations **Annotated Code of Maryland**

**– Environment Article**  **Description** S ections 7

- 205, 7
- 207, and 7
- 208 Requirements for construction and modification of generating stations EPA is proposing to approve the infrastructure SIP submission s with respect to 110(a)(2)(D)(i)(II) prong 3 ( for the p art C of Title I of the CAA permit program ) because Maryland’s SIP contains an approved PSD program. Prong 4 of section 110(a)(2)(D)(i) requires that SIPs include provisions prohibiting any source or other ty pe of emissions activity

in one state from interfering with measures to protect visibility required to be included in another state’s SIP
. EPA’s Lead Infrastructure Guidance states that “ [w ] ith regard to the requirement of prong 4, i.e. , visibility under subsection (2)(D)(i)(II) significant impacts from Pb emissions from stationary sources are expected to be limited to short distances from the source and most, if not all Pb stationary sources are located at distances from Class Iareas such that visibility impacts would be negligible.” This is the case in Mary land and Maryland itself does not have any Class I areas. Also, EPA notes that Mary land’s February 13, 2012 Region al Haze SI P submittal was fully approved b y EPA on July 6, 2012 (77 FR 39938)
. Thus, EPA is proposing to approve the infrastructure SI P submission s with respect to 110(a)(2)(D)(i)(II) prong 4 because lead emissions7

are unlikel y to have visibility impacts and Mary land’s approved regional haze SI P adequatel y prevents sources in Maryland from interfering with measures adopted b y other states to protect visibility during the first planning period. Based upon EPA’s review of the January 2013 submitta l , the M ary land SIP , V ersion 1 of the 2011 NEI , and the Lead Infrastructure Guidance , EPA finds that Maryland has met its obligations pursuant to 110(a)(2)( D ) (i)(II). **Section 110(a)(2)(D)(ii)** As discussed above for 110(a)(2)(C) and (D)(i )(II), Maryland has a SI P approved permitting program for part C of Title Iof the CAA. Therefore, Mary land has demonstrated that it has met its obligations pursuant to CAA section 126(a). In addition, Mary land has no currentl y pending obligations pursuant to CAA Section 126(b), and has made the necessary submittals through its infrastructure SI P submittal s to demonstrate that the State has adequate provisions insuring future compliance with the requirements of sections 126 and 115 of the CAA. Therefore, EPA finds Maryland’s infrastructure SI P meets the requirements of CAA section 110(a)(2)(D)(ii)
. **5 . Section 110(a)(2)(E)**  According to the January 2013 submitt al , Mary land has a variety of resources to carry

out implementation of the SI P including section 103 and 105 grants, Tit le V grant funds , and Title V permit fees (collected under the authority § 2

- 403 of the Environment Article, Annotated Code of Maryland and pursuant to COMAR 26.11.02.19.) Maryland also has a Clean Air Fund (Envi ronment Article, §2

- 107, Annotated Code of Maryland) composed of funds collected from application fees, permit fees, renewal fees, and civil or administrative penalties or fines which support air quality activities. Maryland's Clean Air Fund may be used f or (1) identifying, monitoring, 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 loca l governments that are consistent with the Maryland program. Several o ther authorities to implement the Maryland SIP are identified below: Authority to monitor ambient air quality in the State: Environment Article, §§2
- 103(b)(2), Annotated Code of Maryland. Authority to advise the Governor when an air pollution emergency exists: Environment Article, §2

- 105, Annotated Code of Maryland. Authority to adopt regulations that establish standards 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.8

Air Quality

Control Advisory

Council

- consultation advice regarding proposed regulations : Environment Article, §§ 2

- 201
- 2
- 206, Annotated Code of Maryl and. Authority to adopt rules and regulations for the control 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 emis sion standards and ambient air quality standards for each air quality control area in the State : Environment Article, §2

- 302 (b)

- (d), Annotated Code of Maryland. EPA finds Maryland has adequate resources to implement the SIP pursuant to 110(a)(2)(E)(i)
. On December 6, 2013 , EPA took a direct final action to approve a SIP submittal for Maryland that meets section 128 of the CAA and therefore E(ii) for this Lead N AAQS regarding compliance with state boards as described in section 128 of the CAA. A detailed rationale for the approval was set forth in the direct final rule (78 FR 73472) which was effective on February 4, 2014. Therefore, EPA finds that Mary land’s SI P adequately addresses 110(a)(2)( E ) (ii). Finally , as explained in the January 2013 SIP submittal, Mary land does not rely on any local or regional government, agency , or instrumentality for implementing the SIP. EPA finds that Maryland’s January

2013 SI P submittal and existing SIP adequatel y address 110(a )(2)( E ) (ii i ). Therefore, b ased upon EPA’s review of the January 2013 SI P submitta l , Maryland’s SIP, and the Lead Infrastructure Guidance, EPA finds that Mary land has met its obligations pursuant to all portions of 110(a)(2)(E)
. **6 . Section 110(a)(**  **2)(F)** According to Maryl and ’s January 2013 submittal, the two main statutory provisions which pro vide authorit y for source emissions testing and mon i t o ring are §2
- 103(b)(1) and §2

- 301(a)(1) , Environment Article , Annotated Code of Mary land. In addition , s everal SIP

- approved regulations require installation and mai nten ance of monitoring equipment , including COMAR 26.11.01.04, “Testing & Monitoring” and COMAR 26.11.01
. 10 Continu ous Emissions Monitoring (CEMs) Requirements
. Also , Mary land’s T itle V program ( COMAR 26.11.03 ) contains requirements related to source testing/monitoring
. Several Mary l and SI P approved regulations includ e stationary source monitoring and emission reporting , including : COMAR 26.11.01.04 “Testing and Monitoring” ; COMAR 26.11.01.05 “Records and Information ” ; COMAR 26.11.01.05
- 1 “Emission Statements” ; COMAR 26.11.01.07 “Malfunctio n s and other Temporary Increase in Emissions ; COMAR 26.11.01.10 Continuous Emissions Monitoring ; COMAR 26.11.27.05 “ Emissions Limitation s for Power Plants, Monitoring and Reporting Requirements ” ; and COMAR 26.11.03.03, “Information Required as Part of Application for a Part 7 0 Permit.” However COMAR 26.11.03.03 is not included in Maryland’s SIP

- approved regulations but is included here fo r reference. These regulations address9

requirements in 40 CFR 51.211 (e missions r eports and record keeping ), 40 CFR 51.212 , and 40 CFR Part 51 Subpart A ( A ir Em i ssions Report i ng Requirements )
. In addition , §2
- 103(b ) , Environment Article , Annotated Code of Mary land provide s statutory authority over emissions, ambient air quality and air quality

monitoring. COMAR 26.11.01.05 requires source s to mai ntain records to de t ermine compliance with emission standards and COMAR 26.11.01.04(B)(4) requires all inform ation received under this provision to be provided for public inspection. Criteria pollutant emissions information relate d data is available to the public for inspection in accordance with 40 CFR 51.116 ( data availability)
. Based upon EPA’s review of th e January 2013 submittal, the Mary land SIP , Mary land’s Annotated Code, and the L ead Infrastructure Guidance, EPA finds that Mary land has met its obligations pursuant to 110(a)(2)(F) of the CAA
. **7 . Section 110(a)(2)(G)**  According to the Maryland January 3, 2013 lead infrastructure SI P submittal referenced above, Maryland can address air pollution emergencies as authorized by §2
- 105, Environment Article, Annotated Code of Maryland . T he authority to adopt regulations that establish standards and procedures to be followed whenever pollution of the air reaches an emergency condition are found in §2
- 301(a) (2), Environment Article, Annotated Code of Maryland. Maryland’s SIP under 40 CFR 52.1070(c) includes Air Pollution Episode System ( COMAR 26.11.05 )
. Additionally , Maryland’s authority regarding accidental or other releases that are not authorized by statute, regulation or permit or occur in conjunction with violations of existing regulatory requirements can be found in §2
- 604 (Admini strative corrective order authority) , Environment Article, Annotated Code of Maryland and § 2
- 609 (a) (Civil injunctive authority), Environment Article, Annotated Code of Maryland. Ba sed upon EPA’s review of the January 2013 submittal and Maryland’s SIP , EPA finds that Maryland has met its obligations pursuant to 110(a)(2)(G) of the CAA
. **8 . Section 110(a)(2)(H)**  According to the Maryland January 2013 lead infrastructure SI P submittal referenced above , M aryland's SIP is essentially a compilation of regulations, source

- specific provisions and plans to meet the NAAQS . The authority to develop or revise 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, Annotated Code of Maryland. ) Nothing in Maryland's statutory or regulatory authority prohibits the State from revising the SIP when the NAAQS are revised by EPA. Th is submission provide s EPA with adequate assurances that Mary land will review and revise its SI P from time to time as may be necessary

to take account of revisions to NAAQS or the availability

of improved or more expeditious methods of attaining such standards. EPA also finds these provisions provide adequate assurances that Maryland can revise its SI P whenever the Administrator finds, on the basis of information available t o the Administrator, that10

Maryland’s SIP is substantially inadequate to attain the NAAQS or to otherwise comply with any additional requirements established under the CAA. Based upon EPA’s review of the January 2013 submittal and the L ead Inf rastructure Guidance , EPA finds that Maryland has met its obligations pursuant to 110(a)(2)(H) of the CAA
. **9 . Section 110(a)(2)(J)**  According to Maryland’s SI P submittals mentioned above and the Mary land SI P , Mary land meets the requirements of Section 121 (relating to consultation). All Maryland SI P revisions undergo public notice and hearing, which provides for comment b y the public and local political subdivisions, including , but not limited to, the Baltimore Regional Transportation Board, the National C apital Transportation Planning Board, the Wilmington Area Planning Council, and Hagerstown/Eastern Panhandle Metropolitan Planning Organization. Public hearings on proposed Mary land regulations are held in accordance with EPA requirements under 40 CFR 51.1 02. Public hearings on proposed Mary land regulations are held in accordance with Section 2
- 303(b) of the Environment Article of the Annotated Code of Maryland which requires that a public hearing be held before adopting air quality regulations. In additio n, Subtitle 1 of Title 10, State Government Article of the Annotated Code of Mary land provides administrative procedure requirements for adopting or modifying regulations and these procedures include public notification and participation requirements. Maryl and also addresses the consultation requirements through the public notification statutory provisions discussed below. Section 127 (relating to public notification). As mentioned above, Section 2

- 303(b) of the Environment Article of the Annotated Code of Maryland requires that public hearings be held before Mary land adopts air quality regulations. In addition, Subtitle 1 of Title 10, State Government Article of the Annotated Code of Mary land sets forth the administrative procedures for Mary land to adop t or modify regulations. In addition, EPA SI P
- approved regulations and statutory provisions in which public notification and hearings are addressed are listed below: **COMAR Subtitle/Chapter**  **Description** 26.11.02.11 “Procedures for Obtaining Permits to Construct Certain Significant Sources” 26.11.02.12 “Procedures for Obtaining Approvals of PSD Sources and NSR Sources, Permits to

Construct, Permit to Construct MACT Determinations On a Case

- by

- Case Basis in Accordance with 40 CFR 63, Subpart B, and Certa in 100

- Ton Sources” 26.11.03.01 a “Permits, Approvals, and Registration

– Title V Permits, Applicability and General

Requirements” 26.11.03.07 a “Permits, Approvals, and Registration

– Title V Permits, Public Participation

Procedures” 26.11.03.08 a “Permits, Approvals, and Registration

– Title V Permits, Review by Affected States of Part 70 Permits” 26.11.03.17 a “Permits, Approvals, and Registration

– Title V Permits, Significant Permit

Modifications” 26.11.04.02 “Ambient Air Quality Standards, De finitions, Reference Conditions, and Methods of

Measurement,” this adopts 40 CFR 58.50, “Index reporting,” which reports air quality to the public several times per day11 26.11.05.03 “Air Pollution Episode Criteria” **Annotated Code of Maryland**

**– Articl**  **e, Se ction**  **Description** Public Utilities Article, 7

- 207 “Generating stations or transmission lines

– General certification procedure” Public Utilities Article, 7

- 208 “Generating stations or transmission lines

– Joint construction of station and associated lines” Environment Article , 2
- 103.2(b) a Provides public access to all air monitoring data via the Internet
a These provisions were cited by Maryland for reference purposes only and are not included in the Maryland SIP. Part C (relating to visibility protection). With regard to the visibility pro tection aspect of 110(a)(2)(J) and as discussed in the Lead Infrastructure Guidance, EPA recognizes that states are subject to visibility

and regional haze program requirements under part C of Title Iof the C AA (which includes sections 169A and 169B of the CAA). In the event of the establishment of a new NAAQS, however, the visibility and regional haze program requirements under part C of Title Iof the CAA do not change. Thus, EPA finds that there are no ap plicable visibility obligations under part C “triggered” under section 110(a)(2)(J) when a new NAAQS becomes effective. Mary land has an approved regional haze SI P which addresses the requirements of CAA Sections 169A and 169B, as discussed above for sect ion 110(a)(2)(D)(i)(II) of the CAA. For a discussion on how Maryland meets the requirements of part C of Title I of the CAA with respect to PSD, see Section 110(a)(2)(C) and Section 110(a)(2)(D)(i)(II)(prong 3) above. Based upon EPA’s review of the abov e referenced submittal s, Mary land’s SI P and the Lead In frastructure Guidance, EPA finds Maryland’s infrastructure SI P meets the requirements of CAA section 110(a)(2)(J) relating to consultation, public notification, and visibility protection requirements.
**1 0**  **. Section 110(a)(2)(K)** According to the January 2013 subm i ttal, Mary land has authority under §2
- 302 of the Environment Article, Annotated Code of Maryland, to do modeling since 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. Maryland has a SIP approved PSD program (see 40 CFR 52.1070 ) which includes modeling
. Also , Maryland submits air quality modeling data as part of Maryland's relevant SIP submissions in accordance with the Clean Air Act and through federal grant commitments. For the authority

to perform air quality

modeling and the submission of relevant data , see S ections 2

- 103 and 2

- 302 of the Environment Article of the Annotated Code of Mary land and S ections 7

- 205, 7
- 207, 7
- 207.1, and 7

- 208 of the Public Utilities Article of the Code which is in the approved Mary land SIP
. SI P
- approved portions of COMAR 20.79.01, 20.79.02, and 20.79.03 establish requirements for the calculation of increases in air emissions related to modifications of facilities at power plants and require modeling
.12

In addition, COMAR 20.79.03.02 which is in the Maryland SI P establishes requirements for applications regarding construction and modification of generating stations to demonstrate compliance with environmental restrictions. This includes providing information to show the impact on air quality

including the abilit y of the generating station to comply with PSD and NSR provisions and the impact on PSD areas. Maryland also state d that it can provide modeling anal ys is to EPA to assess the effect of the S tate’s air emissions on the NAAQS, citing past examples such as modeling for 8

- hour ozone and PM 2.5 SI Ps. Therefore, b ased upon EPA’s review of the January 2013 submittal , Mary land’s SI P and the Lead Infrastructure Guidance, EPA finds Maryland’s lead infrastructure SIP meets the requirements of CAA section 110(a)(2)(K).
**1 1**  **. Section 110(a)(2)(L)** Maryland has an approved Title V program which contains a fee schedule. EPA approved Maryland’s Title V program on January 15, 2003 (68 FR 1974). Mary land states in its recent August 14 , 2013 Nitrogen Dioxide (NO 2 ) infrastructure SI P submittal that Maryland’s “Title V permit fees are collected under the authorit y of Section 2

- 403 of the Environment Article, Annotated Code of Maryland and pursuant to COMAR 26.11.02.16, .17 and .19. These fees are used to fund programs such as the permitting of new and existing sources of air pollution, compliance and enforcement of sources of air pollution .” InEPA’s TSD supporting its rulemaking propos ing approva l of the Maryland NO 2 infrastructure SIP submittal , EPA f ound Maryland met the requirements of CAA section 110(a)(2)(L). 1 Based on EPA’s review of Mary land’s January 2013 submittal, the L ead Infrastructure Guidance, Mary land’s Title V program and statements in the August 14, 2013 NO 2 infrastructure SI P submittal , an d our conclusions in the TSD for the rulemaking proposing approval of Maryland’s NO 2 infrastructure SI P , EPA finds Maryland’s lead infrastructure SI P meets the requirements of CAA section 110(a)(2)(L).
**1 2**  **. Section 110(a)(2)(M)** According to the above referenced lead infrastructure SI P submittals, Maryland provides for consultation and participation by local political subdivisions affected by the SI P via all the means and measures previousl y discussed for section 110(a)(2)( J ) requirements. Also , statutory authority under Sections 2
- 103 and 2

- 302 of the Environme ntal Article , Annotated Code of Maryland , as well as COMAR 26.11.16 , provide the structure for a consultation process between the Mary land Department of the Environment, Mary land Department of Transportation and several Metropolitan Planning Organizations.

1 EPA’s TSD supporting its rulemaking proposing approval of the Maryland NO 2 infrastructure SIP submittal is available in the docket for that rulemaking at www.regulations.gov, Docket ID Number EPA

- R03
- OAR
- 2013
- 0 072
.13

Based upon EPA’s review of the above referenced submittal s , the Mary land SI P, and the Lead In f r astructure Guidance, EPA finds that Maryland has met its obligations pursuant to 110(a)(2)( M ).
**F. CONCLUSIONS AND RECOMMENDED AGENCY ACTION** EPA’s anal ys is of Mary land’s infrastructure submittal s for the 2008 Lead NAAQS concludes that Maryland’s submittals and existing SI P meet the requirements for section 110(a)(2)(A), (B), (C), (D), (E) , (F), (G), (H), (J), (K), (L), and (M) as described above. It is recommended that a rulemaking be prepared proposing approval o f Maryland’s infrastructure submittal s for the 2008 Lead NAAQS for the elements indentified above.