**UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III**  **1650 Arch Street Philadelphia, Pennsylvania 19103**  **DATE:** March 11, 2014 **SUBJECT:** Technical Support Document for the Maryland State Implementation Plan for

Section 110(a)(2) of the Clean Air Act In frastructure Requirements for the 20 10 Nitrogen Dioxide National Ambient Air Quality Standard **FROM:** Ruth Knapp , Environmental Protection Spe cialist /s/

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

Office of Air Program Planning **A. INTRODUCTION** The Environmental Protection Agency (EPA) is taking action on a submittal made by the State of Maryland to meet the Clean Air Act (CAA) section 110(a)(2) requirements of the 20 10 nitrogen dioxide (NO 2 ) N ational A mbient A ir Q uality S tandard (NAAQS ). **B . BACKGROUND**  EPA first set standards for NO 2 in 1971, setting both a primary standard (to protect health) and a secondary

standard (to protect the public welfare) at 53 parts per billion (ppb), averaged annually . EPA has reviewed the standards twice since that time, but chose not to revise the annual standards at the conclusion of each review. On February 9, 2010, EPA established an additional primary

standard at 100 ppb, averaged over one hour. Pursuant to section 110(a)(1) of the CAA, states are required to submit State Implementation Plans ( SI Ps ) meeting the applicable requirements of secti on 110(a)(2) within three y ears after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe . Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirement s and legal authorit y that are designed to assure attainment and maintenance of the NAAQS . Section 110(a) of the CAA requires states to submit SI Ps to provide for the implementation, maintenance, and enforcement of a new or revised NAAQS within three y e ars following the promulgation of such NAAQS or within such shorter period as EPA may prescribe . Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary dep ending upon the facts and circumstances . Inparticular, the data and anal yt ical tools available at the time the state2

develops and submits the SI P for a new or revised NAAQS affects the content of the submission . The contents of such SIP submissions may also vary depending upon what provisions the state’s existing SI P alread y contains . More specificall y, section 110(a)(1) provides the procedural and timing requirements for SI Ps . Section 110(a)(2) lists specific elements that states must meet for “infras tructure” SI P requirements related to a newly established or revised NAAQS . As mentioned above, these requirements include basic SI P elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. **C. EPA REQUIREMENTS** As discussed above, for the 20 10 NO 2 NAAQS , s tates must provide SI P submissions , or provide certification that the existing SI P contains provisions addressing relevant infrastructure SI P elements from s ection s 110(a)(2) (A) through (M) of the CAA . **D . STATE**  **’S SUBMITTAL**  On August 14 , 2013 , Maryland provided a submittal to satisfy the requirements of section 110(a) (2) of the CAA for the 20 10 NO 2 NAAQS . Th is submittal addressed the following infrastructure elements that EPA is proposing to approv e : S ection s 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA , or portions thereof . This submittal d id n ot include or address eleme nt (I) which pertain s to the nonattainment requirements of part D of Title Iof the CAA, because this element is not required to be submitted by the 3
- ye ar submission deadlin e of CAA se ction 110(a)( 1 ) , and will be addressed in a separate process if necessary . **E. EVALUATION OF STATE SUBMITTAL 1.**  **Section 110(a)(2)(A)** Maryland’s August 14 , 2013 SI P submittal for the 2010 NO 2 NAAQS include s enforceable emission limitations and other control measures to meet applicable requirements of the CAA which have been approved as part of Maryland’s SI P under 40 CFR 52.1070(c). Several of the relevant measures for the NO 2 NAAQS are listed in T able 1 .

**Table 1: E mission limitations and other control measures**  **Code of Maryland Regulations**  **(COMAR) Subtitle/Chapter**  **Chapter Name** 26.11.01 General Administrative Provisions 26.11.02 Permits, Approvals, and Registration 26.11.04 Ambient Air Quality Standards3

26.11.06 General Emissions Standards, Prohibitions, and Restrictions 26.11.09 Control of Fuel
- Burning Equipment, Stationary I nternal Combustion Engines, and Certain Fuel
- Burning Installations 26.11.27 Emission L imitations for Power Plants 11.14.08 Vehicle Emissions Inspections Program 20.79 Applications Concerning the Construction or Modification of

Generating Stations and Overhead Transmission Lines **Annotated Code of Maryland** 
**– Public**  **Utilities Articl**  **e, Sections Section**  **Title**

7 - 205 Electric companies

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

– General certification

procedure 7 - 208 Generating stations or transmission lines

– Joint construction of

station and associated lines EPA finds Maryland’s infrastructure SI P submittal for the 2010 NO 2 NAAQS meets the requirements of CAA section 110(a)(2) (A) through the SI P approved measures . EPA does not consider SIP requirements triggered by the nonattainment area mandates in part D of Title I of the CAA to be governed b y the submission deadline of section 110(a)(1). Nevertheless, the State of Maryland may have included some previou sl y 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)(l) and (2) of the CAA , including 110(a)(2)(A) . For the purposes of this action, EPA has reviewed Maryland’s 110(a)(2) SI P submittal, which may includ e rules originally submitted in response to part D, or references thereto, solel y for the purposes of determining whether such submittal support s a finding that the state has met the basic infrastructure requirements under section 110(a)(2). In this action, EPA is not proposing to approve or disapprove an y existing Maryland provisions with regard to excess emissions during s tartup, s hutdown, and m alfunction (SSM) of operations at a facility . EPA believes that a number of states have SSM provisions which are contrary to the CAA and existing EPA guidance (August 11, 1999 Steven Herman and Robert Perciasepe Guidance Memorandum, “State Implementation Plans: Policy Regarding E xcess Emissions During Malfunctions, Startup, and Shutdown”), and the Agency is addressing such state regulations in a separate rulemaking. See 78 FR 12460 (Feb. 22, 2013) . In the meantime, EPA encourages an y 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 action, EPA is not proposing to approve or disapprove an y 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 existing EPA guidance (52 FR 45109, November 1987), and the Agency is addressing such state regulations in a separate rulemaking. See 78 FR 12460 . Inthe meantime, E PA encourages an y s tate having director’s4

discretion or variance provision s 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)**  Maryland’s authority

to monitor and anal yz e ambient air quality , coordinate State agency programs, and use monitoring facilities originates in the Annotated Code of Maryland (Code) , Sections 2 - 103(b)(2) and 2
- 301(a)(1) o f the Environment Article . The ambient air quality standards, defin itions, reference conditions, and methods of measurement have been approved into the SI P and are found under COMAR 26.11.04.02. This regulation provides that Maryland’s ambient air quality standards are identical to the federal standards specified in 40 C FR parts 50, 51, 53, and 58, as amended , at all times . Maryland maintains and operates a network of ambient monitors throughout the State to measure ambient air quality levels and to determine compliance with the NAAQS as required by 40 CFR 58. All monitors in the network have been designated b y EPA as either Reference or Equivalent, and are subjected to the Qualit y Assurance requirements of 40 CFR 58, Appendix A , and all samplers are located at sites that have met the minimum siting requirements of 40 CFR 58, Appendix E . EPA approved Maryland’s 201 3 Annual Air Qualit y Monitoring Network Design Plan on December 10 , 2013. Maryland provides such ambient air quality data to EPA and keeps EPA informed of changes to the sampling network b y providing prio r notification of an y planned changes and seeking approvals of the changes . Maryland sends EPA an annual summary of all changes to the network, which includes a description, explanation , and other relevant information regarding each change. The data is submitted to EPA’s Air Quality S ys tem (AQS) sy stem, in a timely manner in accordance with the scheduled prescribed b y EPA in 40 CFR 58. EPA finds Maryland’s infrastructure SI P submittal for the 2010 NO 2 NAAQS meets the requirements of CAA section 110(a)(2)(B). **3. Se**  **ction 110(a)(2)(C)** EPA finds Maryland has established and currentl y operates a program to provide for the enforcement of the emission limitations and other control measures, means, or techniques, as well as schedules and time tables for compliance, as may be necessary

or appropriate, as discus sed for Section 110(a)(2)(A) , in order to meet the applicable requirements of the CAA . Table 2 shows the various enforcement provisions .5 **Table 2: Enforcement Provisions COMAR**  **Subtitle/Chapter Description**  26.11 a Enforcement of provisions described in Section 110(a)(2)(A), with the

exception of the Vehicle Emissions Inspection Program. 11.14.08.08 a Implementing regulations for the Vehicle Inspection Program 26.11.02 a Permits, Approvals, and Registration 26.11.03.21 Enforcement of Title V permits 26.11.06.14 a Pre - construction permitting for Prevention of Significant Deterioration

(PSD) sources 20.79.01.01 a , 20.79.01.02 a , and 20.79.01.03 a Regulation of construction and modification of electric generating

stations **Annotated Code of Maryland** 
**– Articl**  **e, Section Description**  Environment Article, 2
- 601 through 614 Enforcement of provisions described in Section 110(a)(2)(A),

with the exception of the Vehicle Emissions Inspection Program. Environment Article, 2
- 1005 Enforcement of the Maryland Health y Air Act (HAA) Transportation Article, 23
- 207 Enforcement of the Vehicle Emissions Inspection Program Public Utilities Article, 7 - 205 a , 207 a , and 208 a Requirements for construction and modification of generating stations a These provisions have been previously approved by EPA and are included in the Maryland SIP . In addition, the Maryland SI P includes an approved program to provide for regulation of modification and construction of stationary sources within the state, including Maryland’s permitting program for part C of Title I of the CAA . These SI P approved provisions are discussed below in Table 3. **Table 3: Permitting Provisions COMAR**  **Subtitle/Chapter Description**  26.11.02 “Permits, Approvals, and Registration”

– Maryland’s permit to

construct and PSD approval program requirements which also contains enforcement provisions for violations of permits to construct, PSD approvals, and operating permits 26.11.06.14 “Pre - construction permitting for Prevention of Significant

Deterioration ( PSD) sources”
- contains pre
- construction permitting requirements for PSD sources and implements the requirements of EPA’s final PSD and Title V Greenhouse Gas Tailoring Rule. See 75 FR 31514.6

20.79.01.01, 20.79.01.02, and 20.79.01.03 Regulation of construction and modification of electric generating

stations including consideration of related air quality impacts **Annotated Code of Maryland** 
**– Articl**  **e, Section Description**  Public Utilities Article, 7
- 205, 207, and 208 Requirements for construction and modification of generating stations EPA finds Maryland’s infrastructure SI P submittal for the 2010 NO 2 NAAQS meets the requirements of CAA section 110(a)(2)(C) . **4. Section 110(a)(2)(D)(i)(I)**  Section 1 10(a)(2)(D)(i)(I) of the CAA prohibits any source or other t ype of emissions activity within the State from emitting any air pollutants in amounts which will contribute significantl y to nonattainment in any other state with respect to an y primary or secondary NAAQS, or interfere with maintenance b y an y other state with respect to any primary or secondary NAAQS. In this action, EP A is proposing to approve the 1 10(a)(2)(D)(i)(I) portion of the Maryland SI P submission and determine that the existing Maryland SI P contains provisions suf ficient to satisfy

all of the requirements of 1 10(a)(2)(D)(i)(I) for the NO 2 NAAQS. 1 EPA review ed Maryland’s August 14 , 201 3 infrastructure SI P submittal for the 2010 NO 2 NAAQS and based on that review and EPA’s review of relevant air quality data , EPA is proposing to determine that Maryland ’s SI P includes adequate provisions to prohibit sources or other emission activities within the State from emitting nitrogen oxides (NO x ) in amounts that will contribute significantl y to nonattainment or interfe re with maintenance b y an y other state with respect specificall y to the NO 2 NAAQS. NO 2 is a component of NO x . To meet the requirements of section 1 10(a)(2)(D)(i)(I) , Maryland presented various EP A SI P approved statutory

and regulatory

provisions whic h are listed below in Ta ble 4 and, more specifically

, control measures to control NO x e missions from major stationary sources listed in Ta ble 5 .

1 In accordance with the decision of the U.S. Court of Appeals for the District of Columbia, EPA at this time is not treating the 110(a)(2)(D)(i)(I) portion of the SIP submission from Maryland (which is part of the larger August 14, 2013 SI P submission for the 2010 NO 2 NAAQS) as a required SIP 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) . On June 24, 2013, the Supreme Court granted the petitions of the Unite d States and others and agreed to review the merits of the D.C. Circuit decision in EME Homer City during the Court’s 2013 term. Regardless of whether a particular SIP submission is considered “required,” however, section 110(k)(2) of the CAA requires EPA to act on the submission.7 **Table 4**  **: Control Measures to Comply with 110(a)(2)(D)(i)(I)**  **COMAR Subtitle/Chapter**  **Description** 26.11.27 Maryland Healthy Air Act implementing regulations 11.14.08 Enhanced Vehicle Emissions Inspection and Maintenance Program 26.11.34 Low Emissions Vehicle Program implementing regulations 26.11.20.04 National L ow Emissions Vehicle Program 26.11.20.03 Reformulated Gasoline in On
- road Vehicles **Table 5**  **: Control of NO x**  **Emissions for Major Stationary Sources**  **COMAR 26.11.09.08...**  **Description EPA SIP**  **approval date** A and B Fuel
- Burning Equipment L ocated at Major Sources

– General

Requirements and Conditions 2/8/2001 C Fuel
- Burning Equipment with a Rated Heat Input Capacity of 250 MMBtu/hr or Greater 2/8/2001 D Fuel
- Burning Equipment with a Rated Heat Input

Capacity of Less than 250 MMBtu/hr and Greate r than 100 MMBtu/hr 2/8/2001 and 5/1/2003 E Fuel
- Burning Equipment with a Rated Heat Input Capacity of 100 MMBtu/hr or Less 2/8/2001 F Space Heaters 2/8/2001 G(1) Fuel
- Burning Equipment with a Capacit y Factor of 15 Percent

or Less 2/8/2001 G(2) Combustion Turbines with a Capacit y Factor Greater

than 15 Percent 2/8/2001 H(3) Hospital, Medical, and Infectious Waste Incinerators

(HMIWI ) 2/8/2001 H(4) Municipal Waste Combustors (MWC) 2/8/2001 I(1) and (2) Glass Melting Furnaces 2/8/2001 J Industrial Furnaces and Other Miscellaneous Installations that

Cause Emissions of NO x 2/8/2001 C(2)(h) Kraft Pulp Mills 2/8/2001 H(1) and (2) Portland Cement Manufacturing Plants 2/8/2001 I(3) and (4) Stationary I nternal Combustion Engines at Natural Gas Compression Stations 2/8/2001 Maryland’ s Healthy

A ir Act (HAA ) r equires reductions in total emissions of sulfur dioxide ( SO 2 ), NO x , and mercury from applicable electric generating units ( EGUs ) in the state. T he HAA does not allow facilities to obtain out
- of - state emissions allowances in lieu of adding pollution control locally . During the first phase of the HAA, NO x emissions were reduced b y approximately

70% in 2009 and SO 2 emissions were reduced b y approxim ately 80% in 2010. At8

full implementation, the HAA has reduce d NO x emissions by approximately

75% in 2012 from 2002 levels . ( See 77 FR 11827 at 11836 ) In addition, all major stationary sources of NO 2 are subject to the SI P approved requirements for PSD and New Source Review (NSR) which provide preconstruction review and permitting requirements in attainment and nonattainment areas and which help ensure that no new or modified NO 2 emitting source will cause or contribute to any potential exceedances of the NO 2 NAAQS. See COMAR 26.11.06.14 , 26.11.17 , and 20.79.01.01 through 20.79.01.03 . See also S ections 7
- 205, 7 - 207, and 7 - 208 of the Public Utilities Article of the Code. On Febr uary 17, 2012 (77 FR 9532), EPA promulgated a rule that established air qualit y designations for all areas of the country for the 2010 NO 2 NAAQS based on air quality monitoring data for the period 2008
- 2010. Based upon this 2008
- 2010 air quality monitorin g data, EPA determined that no area of the country is violating the 2010 NO 2 NAAQS. EPA reviewed NO 2 air quality monitoring data for monitors within Maryland and within a 50 kilometer radius from the State, including monitors in Virginia, Delaware, the District of Columbia, and Pennsy lvania . EPA selected fift y kilometers from Maryland for reviewing design values at monitors because 50 kilometers is the standard distance for modeling anal ys is in EPA’s Guideline on Air Qualit y Models (Appendix W to 40 CFR Part 51) and EPA is acting consistent with that Guideline. The most recent design values 2 (DVs) that are computed using quality
assured and certified ambient air monitoring data using the Federal Reference method or equivalent data is reported by states, tribes and local agencies to EPA’s AQS. Data for 2008
- 2010, 2009 - 2011 and 2010
- 201 2 for monitors in Maryland and in states surrounding or bordering Maryland within 50 kilometers of Maryland are in Table 6 below and show that the DVs are well below the NAAQS for NO 2. . The level of the 1
- hour NAAQS for NO 2 is 100 parts per billion ( ppb ) and the form is the 3
- ye ar average of the annual 98 th percentile of the daily 1 - hour maximum. In the states surrounding and bordering Maryland within the 50 kilometers reviewed b y EPA, there are no areas with design values for 2008
- 2010, 2009 - 2011 and 2 010 - 2012 that exceed the 2010 NO 2 NAAQS. For example, the highest DV for 2008 - 2010, 2009 - 2011 and 2010 - 2012 is 61 ( in the District of Columbia) , well below the 100 ppb NAAQS. See Table 6 below for DVs surrounding and bordering Maryland within 50 kilometers of Maryland .

**Table 6**  **: Design Values Surrounding and Bordering Maryland**  **State County**  **Site 2008**  **- 2010**  **Final DV (ppb) 2009**  **- 2011** 

**Final DV (ppb) 2010**  **- 2012** 

**Final DV (ppb)** VA Alexandria City 515100009 54 52 52 a VA Arlington 510130020 50 49 47 VA Loudoun 511071005 40 41 39 VA Prince William 511530009 30 28 28

2 For the most recent design values, see http://www.epa.gov/airtrends/values.html .9

DC N/A 110010041 61 59 55 DC N/A 110010043 59 57 53 DC N/A 110010025 52 54 a 55 a DE New Castle 100032004 N/A 50 a 48 a PA Lancaster 420710007 40 43 42 PA Adams 420010001 N/A 15 a 15 a a These values were calculated based on incomplete data as determined by EPA’s Office of Air Quality Planning and Standards and are shown for informational purposes only. Based on this air quality

monitoring data anal ys is and EPA’s review of NO x emission trends within Maryland , EPA does not expect NO x emissions in Maryland to increase significantl y. A review of the National Emissions Inventory (NEI) data shows a reduction of over 23,413 tons per ye ar of total NO x emissions in Maryland from 2008 to 2011 . EPA’s anal ys is of the air quality monitoring data and emission trends (in addition to Maryland ’s SIP provisions) also demonstrate that NO 2 emissions are not increasing significantly in the states surrounding Maryland . EPA therefore does not expect monitors identified in the table above which all have DVs well below the NO 2 NAAQS to have difficult y maintaining the NAAQS for NO 2 . This data also supports EPA’s proposed conclusion that Maryland emission sources are not significantl y contributi ng to nonattainment in another state for the NO 2 NAAQS and are not interfering with maintenance of the NO 2 NAAQS in another state. For all these reasons, EPA proposes to find that Maryland ’s federall y enforceable SI P provisions with NO x emission limits fo r NO x emission sources contain adequate provisions to ensure Maryland emission sources will not significantl y contribute to nonattainment or interfere with maintenance in another state with respect to the NO 2 NAAQS. Based upon EPA’s review of th e air qu ality data and the State’s submittal, EPA is proposing to determine that the State has met its obligations pursuant to 110(a)(2)(D)(i)(I) with respect to the 2010 NO 2 NAAQS . **5 .**  **Section 110(a)(2)(D)(i) (II)**  Section 110(a)(2)(D)(i)(II) consists of what the EPA refers to as prong 3 (interference with PSD) and prong 4 (interference with visibility protection). With respect to prong 3, Section 110(a)(2)(D)(i)(II) requires that SI Ps include provisions prohibiting emissions that would interfere with measures required to be in another state’s SI P under part C of Title Iof the CAA to prevent significant deterioration of air qualit y. In describing how its submission meets this requirement, the State referenced the following EPA SIP - approved regulations:

**Table 7**  **: EPA SIP -**  **approved PSD P**  **rovisions COMAR**  **Subtitle/Chapter Description**  26.11.02 Permits, Approvals, and Registration10

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**
**– Public Utilities**  **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 with respect to 110(a)(2)(D)(i)(II) ( prong 3 ) because Maryland’s SI P contains an approved PSD program . With respect to prong 4, Section 110(a)(2)(D)(i)(II) requires that SI Ps include provisions prohibiting an y source or other type of emissions activity in one state from interfering with measures to protect visibility required to be included in another state ’s SI P. Indescribing how its submission meets this requirement, the State referred to its February 13 , 2 012 r egional h aze SI P submittal which was fully approved b y EPA on Jul y 6, 2012 (77 FR 39938). T hus , EPA is proposing to approve the infrastructure SI P submission with respect to 110(a)(2)(D)(i)(II) prong 4 because Maryland’s approved regional haze SI P adequatel y prevent s sources in Maryland from interfering with measures adopted b y other states to protect visibility during the first planning perio d. **6 .**  **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 I of the CAA. Therefore, Maryland has demonstrated that it has met its obligations pursuant to CAA section 126(a) . Maryland has no currentl y pending obligations pursuant to CAA Section 126(b) and has made the necessary submittals through its NO 2 infrastructure SIP submittal to demonstrate that the State has adequate provisions insuring future compl iance 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). **7 .**  **Section 110(a)(2)(E) (i)**  The funding resources to carry out the implementation plan in Maryland are provided through Title V permit fees , the S ection 103 and 105 grant process , funding from the Maryland Department of Transportation (MDOT) (which, in turn, receives funding from the Federal Transit Administration (FTA) and Federal Highway Administration (FHWA)) to fund Transportation Related Air Pollution Programs (TRAPP) efforts, Mary land’s Environmental Trust Fund via the Maryland Department of Natural Resources (DNR), fees collected for motor11

vehicle inspections via MDOT, and application fees for Certificates of Public Convenience and Necessit y (CPCN) for power plants via the Maryland Public Service Commission. As for personnel, Maryland states that MDE’s Air and Radiation Management Admini stration currentl y has 141 personnel on staff in its air and support/operational services programs. With regard to legal authority , Maryland cites provisions contained in the Code and COMAR and describes the authority that each provision provide s to MDE in order for MDE to carry out SIP obligations . These provisions are listed below in Table 8. **Table 8: Authorities Provisions COMAR**  **Subtitle/Chapter Description**  26.11.02.16, 26.11.02.17, and 26.11.02.19 Title V permit fees

– used to fund permitting of new and existing

sources, compliance and enforcement of sources, and monitoring of air quality **Annotated Code of Maryland** 
**– Article**  **, Section Description**  Environment Article, Section

2 - 403 Title V permit fees

– used to fund permitting of new and

existing sources, compliance and enforcement of sources, and monitoring of air quality Environment Article, Section

2 - 103(a) Authority for MDE to obtain Federal and State funds available for purposes of Title 2 of the Article Environment Article, Section 2 - 103(b) (1)
- (3) Gives MDE jurisdiction over emissions into the air and ambient air quality

in the State, responsibility for monitoring ambient air quality

in the State, and coordinating all State agency programs on ambient air quality control Environment Article, Section

2 - 105 Authority for MDE to advise the Governor when an air pollution emergency

exists Environment Article, Section 2 - 301(a)(2) Authority for MDE to adopt regulations that establish standards and procedures to be followed whenever pollution of the air reaches an emergency condition Environment Article, Section s 2 - 201 - 2 - 206 Air Quality Control Advisory

Council
- consultation advice regarding proposed regulations Environment Article, Section 2 - 301(a)(1) 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, Section 2 - 302(a)
- (d) Authority to set emission standards and ambient air quality standards for each air quality control area in the State Environment Article, Section 2 - 601 - 614 Authority for MDE to enforce the standards and impose penalties12

Transportation Article, Section 23
- 207 Authority for MDOT to adopt rules and regulations for implementation, administration, and regulation of programs, such as Maryland’s Vehicle Emissions Inspection Program Transportation Article, Section 23
- 205 Authority for MDOT to set fees for vehicle inspections and testing Public Utilities Article, Sections 2
- 112, 2 - 113, 2 - 117, and 2
- 121 Authority for the Public Service Commission to supervise and regulate public service companies, including consideration of the preservation of environmental quality Natural Resources Article, Section 3
- 303 Authority for the DNR to establish the Power Plant Research Program (PPRP); also establishes the purview of PPRP’s work including research regarding impacts of air pollutants from power plants on public health and welfare and related modeling, and an environmental evaluation of power plant sites proposed f or future development Therefore, EPA finds Maryland’s infrastructure SIP meets the requirements of CAA section 110(a)(2)(E)(i). **8 .**  **Section 110(a)(2)(E)(ii)** 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 NO 2 N AAQS regarding compliance with state boards as described in section 128 of the CAA. A detailed rationale for the app roval was set forth in the direct final rule. See 78 FR 73472. T he rule became effective on February 4 , 2014 . Therefore, EPA is proposing that Maryland’s SIP adequatel y addresses E(ii). **9 .**  **Section 110(a)(2)(E)(iii)** Maryland does not rely

on localities for specific SIP implementation. Therefore , EPA finds Maryland’s infras tructure SI P meets the requirements of CAA section 110(a)(2)(E) (iii) . **10 .**  **Section 110(a)(2)(F)** Specific monitoring requirements requiring air emissions monitoring by sources within the State are found in Sections 2
- 103(b)(1) and 2
- 301(a)(1) of the Environment Article of the Code , and COMAR 26.11.03.01 which addresses compliance monitoring for Title V permits. Additionally , the following EPA SI P - approved regulations address requirements for monitoring and control of NO x Emissions : COMAR 26.11.01.04B, 26.11.01.10, and 26.11.09.08 . Requirements for periodic reports on the nature, amounts of emissions, and emissions
related data are included in the following regulations which have been approved into Maryland’s13

SI P: COMAR 26.11.01.04, 26.11.01.05, 26.11.01.05 - 1, 26.11.01.07, 26.1 1.01.10 , and 26. 11.27.05 . Additionally , COMAR 26.11.03.03 is applicable regarding data from sources with Title V permits but ha s not been approved into the SI P. Requirements for reports and public notification are addressed through COMAR 26.11.01.05 “R ecords and Information,” and 26.11.01.04B(4) which requires that, “all records and reports...shall be available for public inspection.” Therefore , EPA finds Maryland’s infrastructure SI P meets the requirements of CAA section 110(a)(2)(F). **1 1**  **. Section**  **110(a)(2)(G)** Section 2
- 105 of the Environment Article of the Code authorizes MDE to advise the Governor of Maryland to declare an air pollution emergency and , when declared, section 2
- 301(a)(2) establishes the standards and procedures to be followed. Se ctions 2
- 604 and 2
- 609(a) of the Environment Article of the Code give authority to MDE when accidental or other releases occur. Maryland’s emergency plans are EPA SI P approved and found in COMAR 26.11.05 . Therefore , EPA finds that Maryland has authorit y comparable to that in section 303 of the CAA and adequate contingency plans to implement such authority . Accordingl y, EPA finds Maryland’s infrastructure SI P meets the requirements of CAA section 110(a)(2)(G). **1 2**  **. Section 110(a)(2)(H)**  Maryland has demonstrated that it has adequate authority to revise the SIP under section 2 - 301(a)(1) of the Environment Article of the Code . This provision provides authority to adopt new regulations and revise existing regulations to meet the NAAQS . More specificall y, section 2 - 302 of the Environment Article of the Code provides the authority to set emission standards and air qualit y control areas, as well as ambient air quality standards. This submission provides EPA with adequate assurances that Maryland will review and revise its SI P from time to time as may be necessary

to take account of revisions or the availability

of improved methods to attain the NAAQS. EPA also finds these provisions provide adequate assurances that Maryland can revise its SIP when the Administrator finds that the plan is inadequate to attain the NAAQS or otherwise comply with the requirements of the CAA. Therefore , EPA finds Maryland’s NO 2 infrastructure SI P meets the requirements of CAA section 110(a)(2)(H). **1 3**  **. S**  **ection 110(a)(2)(J)** 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 Capital Transportation Planning Board, the Wilmington Area Planning Council, and Hagerstown/Eastern14

Panhandle Metropolitan Planning Organization . P ublic hearings on proposed Maryland regulations are held in accordance wi th EPA requirements under 40 CFR 51.102. Public hearings on proposed Maryland regulations are held in accordance with Section 2
- 3 0 3(b) of the Environment Article of the Code which requires that a public hearing be held before adopting air quality regulati ons . Inaddition , Subtitle 1 of Title 10, State Government Article of the Code provides administrative procedure requirements for adopting or modifying regulations and these procedures include public notification and participation requirements. Secti on 127 (relating to public notification). As mentioned above, Section 2
- 303(b) of the Environment Article of the Code requires that public hearings be held before Maryland adopt s air quality

regulations. In addition, Subtitle 1 of Title 10, State Government Article of the Code sets forth the administrative procedures for Maryland to adopt or modify regulations. In addition, SI P approved regulations and statutory provisions in wh ich public notification and hearings are addressed are listed in T able 9 . **Table 9**  **: Public Notification regulations 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 Certain 100
- Ton Sources” 26.11.03.01 a “Permits, Approval s, 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 Qualit y Standards, Definitions, Reference Conditions,

and Methods of Measureme nt,” this adopts 40 CFR 58.50, “Index reporting ,” which reports air quality to the public several times per day 26.11.05.03 “Air Pollution Episode Criteria” **Annotated Code of Maryland**
**– Articl**  **e, Section 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 publi c access to all air monitoring data via the15 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 protection aspect of 110(a)(2)(J) , EPA recognizes that states are subject to visibility and regional haze program requirements under part C of Title I of the CAA (which includes sections 169A and 169B of the CAA ). In the event of the establ ishment of a new NAAQS, however, the visibility and regional haze program requirements under part C of Title I of the CAA do not change. Thus, EPA finds that there are no applicable visibility obligations under part C “triggered” under section 110(a)(2)(J ) when a new NAAQS becomes effective. Maryland has an approved regional haze SI P which addresses requirements of CAA Section s 169A and 169B as discussed above for section 110(a)(2)(D)(i)(II) . For a discussion on how Maryland meets the requirements o f 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. EPA finds Maryland’s infrastructure SI P meets the requirements of CAA section 110(a)(2)(J) relating to consultation , public notifi cation, and visibility protection requirements. **1 4**  **. Section 110(a)(2)(K** **)** For the authority

to perform air quality

modeling and the submission of relevant data , Maryland cites S ections 2
- 103 and 2
- 302 of the Environment Article of the Code . Maryland also cites SI P approved portions of Sections 7
- 205, 7 - 207, 7 - 207.1, and 7
- 208 of the Public Utilities Article of the Code and COMAR 20.79.01, 20.79.02, and 20.79.03 which establish requirements for the calculation of increases in air emissions re lated to modifications of facilities at power plants and require modeling . In addition, COMAR 20.79.03.02 , which is in the Maryland SI P , esta blishes requirements for applications regarding construction and modification of generating stations to demonstr ate compliance with environmental restrictions. This includes providing information to show the impact on air quality including the ability

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 state’s air emissions on the NAAQS, citing past examples such as modeling for 8
- hour ozone and fine particulate matter ( PM 2.5 ) SI Ps. Therefore , EPA finds Maryland’s infrastructure SI P meets the requirements of CAA section 110(a)(2)(K). **1 5**  **. 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). Maryland ’s August16

14, 2013 SI P submission for the 2010 NO 2 NAAQS further explains under element (E) that “Title V permit fees are collected under the authority 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 exist i ng sources of air pollution, compliance and enforcement of sources of air pollution.... This includes program development and NO 2 plan implementation.” Therefore , EPA finds Maryland’s infrastructure SI P meets the requirements of CAA section 110(a)(2)(L). **1 6**  **. Section 110(a)(2)(M)**  Maryland’s submission for section 110(a)(2)(M) was identical to the submission for section 110(a)(2)(J) with regard to the requirements of Section 121 (relating to consultation) and Section 127 (relating to public notification) of the CAA . EPA discussed those provisions above in the anal ys is of Mary land’s submi ssion for section 110(a)(2)(J) and finds that anal ys is applicable to the requirements of 110(a)(2)(M) . EPA finds Maryland’s infrastructure SI P meets the requirements of CAA section 110(a)(2)(M) for consultation and participation by local political subdivisions affected b y the Maryland SIP . **F .**  **CONCLUSIONS AND RECOMMEND**  **ED AGENCY ACTION** EPA’s anal ys is of Maryland’s August 14, 2013 infrastructure submittal for the 20 10 NO 2 NAAQS therefore concludes that Maryland’s submittal meet s the requirements of section 110(a)(2)(A), (B), (C), (D) , (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. EPA is not, at this time, proposing to approve, nor recommending approval, of any statutory or regulatory

provisions discussed in this document which have not previously been SI P approved. It is recommended that a notice of proposed rulemaking be prepared approving Maryland’s infrastructure submittal for the 20 10 NO 2 NAAQS .