# UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION Ill

1650 Arch Street

Philadelphia, Pennsylvania 19103-2029



# The Honorable Benjamin H. Grumbles, Secretary

Maryland Department of the Environment

1800 Washington Boulevard

Baltimore, MD 21230

Dear Secretary Grumbles: 

# MAY 0 6**Z01~**



# On April13, 2015, the U.S. Environmental Protection Agency (EPA) received a revision to the

Maryland State Implementation Plan (SIP) from the Maryland Department of the Environment

containing amendments to Maryland's Clean Car regulations that incorporate by reference the most

recent updates to Maryland's program from California's Low Emission Vehicle III program. EPA has

,determined that Maryland's SIP submittal is administratively and technically complete, and is reviewing

it to prepare a Notice of Proposed Rulemaking (NPR) action.

If members of your staff have any questions, they may direct them to Brian Rehn, Office of Air

Program Planning, at (215) 814-2176, or at rehn.brian@epa.gov. He is the principal contact for this

rule making.

Sincerely

,



# - ---= 

# J)**~** 0-\\LSL /

Diana Esher, Director

Air Protection Division

cc: George (Tad) Abum, Jr., Director, Air and Radiation Management Administration



# 0 Printed on I 00% recycled/recyclable paper with I 00% post-consumer fiber and process chlorine free.



# Customer Service Hotline: 1-800-438-2474SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST(in accordance with 40 CFR Part 51 - App. V)SIP Submitted by: MarylandDate Submitted: April 13, 2015Subject: Maryland Low Emissions Vehicle (LEV) Program Amendments (Revision #15-02)Completeness ReviewCompleted by: Brian RehnDate Completed: April 30, 2015Administrative MaterialsACCEPTABLEEPA REQUIREMENTSTATE SUBMITTAL(X)1. A formal letter of submittal from the Governor or hisdesignee, requesting EPA approval of the plan or revisionthereof.1. Submittal letter (dated April 13, 2015) from SecretaryBenjamin Grumbles of the Maryland Department ofEnvironment (MDE) to EPA Regional Administrator ShawnGarvin.2. Evidence that the State has adopted the plan in the State codeor body of regulations; or issuedthe permit, order, or consentagreement in final form. That evidence shall include the dateof adoption or final issuance as well as the effective date of theplan, if different from the adoption/issuance date.2. MDE published a notice of final action in the February 6,2015 edition of theMaryland Registeradopting amendments tothe LEV program Regulation .02 under COMAR 26.11.34.This action memorialized adoption of the LEV ruleamendments proposed by the Secretary of the Environment onDecember 4, 2014 (Volume 41, Issue24). The effective date ofthe final action was February 16, 2015. The final formamendments to Regulation .02 were adopted as proposed.3. Evidence that the State hasthe necessary legal authorityunder State law to adopt and implement the plan.3. The Maryland Clean Cars Act of 2007 required the MDE toadopt regulations implementing the California LEV program inMaryland, and also compelledan annual review by MDE ofchanges in California's emissionstandards for the prior year.The Clean Cars Act of 2007 was signed into law by GovernorO’Malley on April 24, 2007.EPA REQUIREMENTSTATE SUBMITTAL(X)4. A copy of actual regulation,or document submitted forapproval and incorporation by reference into the plan, includingindication of the changes madeto the existing approved plan,where applicable. The submittal shall be a copy of the officialState regulation/document signed, stamped, dated by theappropriate State official indicating that it is fully enforceableby the State. The effective date of the regulation/documentshall, whenever possible, be indicated in the document itself.4. A copy of Maryland’s proposed regulation, as published inthe December 1, 2014 edition of theMaryland Register, isincluded in the SIP. A copy of the final rule, as published in theFebruary 6, 2015Maryland Register,was included in the SIP.The final form version of the rule was unchanged from theproposed rule. The proposedRegulation .02 notes all theCalifornia documents incorporatedby reference by Maryland.The SIP also includes a copy ofthe regulations being IBR’d byMaryland, as published in the respective edition ofBarclay’sCalifornia Code of Regulations.5. Evidence that the State followed all of the proceduralrequirements of the State's lawsand constitution in conductingand completing the adoption/issuance of the plan.5. The state has followed its own procedural requirements andhas submitted as part of the SIP submittal: the formal submittalletter from MDE Secretary Summers dated April 13. 2015; acopy of the final notice printedin the February 6, 2015 editionof theMaryland Register;a copy of the final text of COMAR26.11.34.02 (effective February 16, 2014), and copies andcertification of public hearing notices.6. Evidence that public noticewas given of the proposedchange consistent with procedures approved by EPA, includingthe date of publication of such notice.6. A Certification of Publication is provided indicating thatnotice of public hearing andpublic comment period was postedon the MDE website between November 24, 2014 and January7, 2015. Notice of the publichearing appeared in theMarylandRegisteron December 1, 2014.7. Certification that public hearings were held in accordancewith the information providedin the public notice and theState's laws and constitution, if applicable.7. A transcript and public hearing statement made by MDE atthe public hearing held on January 7, 2015 was submitted aspart of the SIP submittal.8. Compilation of public comments and the State's responsethereto.8. Maryland received no comments during the state’s publiccomment period and no one attended the public hearing.Technical SupportEPA REQUIREMENTSTATE SUBMITTAL(X)1. Identification of all regulated pollutants affected by the plan. 1. The Maryland Low Emission Vehicle program revisionsaddress emissions from highwaymotor vehicles of nitrogenoxides and volatile organiccompounds (specifically nonmethane organic gases), both of which are precursors toground-level ozone formation. The MD LEV program alsoaddresses greenhouse gas emissions from new highwayvehicles. The program also addresses air toxics from newmotor vehicles (includingbenzene, 1,3-butadiene, andacetaldehyde).2. Identification of the locations of affected sources includingthe EPA attainment/nonattainment designation of the locationsand the status of the attainment plan for the affected area(s).2. The program is effective statewide in Maryland. The MDLEV program affects auto manufacturers that produce newvehicles for sale in Maryland, auto dealers in Maryland, and thecar-buying publicand businesses.3. Quantification of the changesin plan allowable emissionsfrom the affected sources; estimates of changes in currentactual emissions from affectedsources or, where appropriate,quantification of changes in actual emissions from affectedsources through calculations of the differences between certainbaseline levels and allowable emissions anticipated as a resultof the revision.3. Not applicable. The regulatory revisions of Regulation .02contained in the SIP set emission limits on new motor vehicles(less than 14,000 lbs gross vehicle weight rating) offered forsale in Maryland. Benefits ofthese program revisions are notcalculated in this plan, but an analysis for future NAAQSnonattainment area plans that relyupon benefits from the CleanVehicle program will be prepared by Maryland in support foreach of those future plans.4. The State's demonstration that the national ambient airquality standards, preventionof significantdeteriorationincrements, reasonable further progress demonstration, andvisibility, as applicable, are protected if the plan is approvedand implemented.4. Not Applicable. The regulatory revisions regulates vehicleemissions for vehicles sold in MY 2015 and beyond, settingstandards more stringent thanthose currently in place inMaryland. Future SIP plans that rely on the benefits of thisprogram will analyze the benefits of the program, as they arephased in due to future fleet turnover.EPA REQUIREMENTSTATE SUBMITTAL(X)5. Modeling information required to support the proposedrevision, including input data,output data, models used,ambient monitoring data used, meteorological data used,justification for use of offsitedata (where used), modes ofmodels used, assumptions, and other information relevant tothe determination of adequacy of the modeling analysis.5. Not applicable. No modeling demonstration was required tosupport the required revision.6. Evidence, where necessary, that emission limitations arebased on continuous emission reduction technology.6. Not applicable. This SIPrevision regulated new vehicleemissions limits, not emissions limits applicable to a stationarysource where continuous emissions technology would beapplicable.7. Evidence that the plan contains emission limitations, workpractice standards and recordkeeping/reporting requirements,where necessary, to ensure emission levels.7. The California LEV rules being IBR’d by Maryland in theirrevised Regulation .02 under COMAR 26.11.34 contained inthe SIP contain the necessary emission limits andrecordkeeping requirements.8. Compliance/enforcement strategies, including howcompliance will be determined in practice.8. Methods for determining compliance with the MD LEVprogram are included in the California CCR rules being IBR’dby Maryland in Regulation .02 under COMAR 26.11.34.9. Special economic and technological justifications requiredby any applicable EPA policies.(If a policy is not appropriate,explain why.)9. No special justifications are required.10. A Section 107 request must be accompanied by amaintenance plan demonstrating maintenance to the relevantNAAQS for at least 10 years after redesignation.10. Not applicable because thisis not a section 107 request.