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 Infrastructure Requirements for the 2010

Nitrogen Dioxide National Ambient Air Quality Standard

FROM: Ruth Knapp, Environmental Protection Specialist /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 2010

nitrogen dioxide (NO2) National Ambient Air Quality Standard (NAAQS).

B. BACKGROUND

EPA first set standards for NO2 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 (SIPs) meeting the applicable 

requirements of section 110(a)(2) within three years 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 requirements 

and legal authority that are designed to assure attainment and maintenance of the NAAQS. 

Section 110(a) of the CAA requires states to submit SIPs to provide for the 

implementation, maintenance, and enforcement of a new or revised NAAQS within three years 

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 depending upon the 

facts and circumstances. In particular, the data and analytical tools available at the time the state 
2

develops and submits the SIP 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 SIP already contains. More specifically, section 110(a)(1) provides the procedural and 

timing requirements for SIPs. Section 110(a)(2) lists specific elements that states must meet for 

“infrastructure” SIP requirements related to a newly established or revised NAAQS. As 

mentioned above, these requirements include basic SIP 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 2010 NO2 NAAQS, states must provide SIP submissions, or 

provide certification that the existing SIP contains provisions addressing relevant infrastructure 

SIP elements from sections 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 2010 NO2 NAAQS. This submittal addressed the following 

infrastructure elements that EPA is proposing to approve: Sections 110(a)(2)(A), (B), (C), (D), 

(E), (F), (G), (H), (J), (K), (L), and (M) of the CAA, or portions thereof. This submittal did not 

include or address element (I) which pertains to the nonattainment requirements of part D of

Title I of the CAA, because this element is not required to be submitted by the 3-year submission 

deadline of CAA section 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 SIP submittal for the 2010 NO2 NAAQS includes

enforceable emission limitations and other control measures to meet applicable requirements of 

the CAA which have been approved as part of Maryland’s SIP under 40 CFR 52.1070(c). 

Several of the relevant measures for the NO2 NAAQS are listed in Table 1.

Table 1: Emission 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 Standards
3

26.11.06 General Emissions Standards, Prohibitions, and Restrictions

26.11.09

Control of Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuel-Burning Installations

26.11.27 Emission Limitations 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 Article, 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 SIP submittal for the 2010 NO2 NAAQS meets the 

requirements of CAA section 110(a)(2)(A) through the SIP 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 by the submission deadline of section 110(a)(1). 

Nevertheless, the State of Maryland may have included some previously EPA approved SIP

provisions originally 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) SIP 

submittal, which may include rules originally submitted in response to part D, or references 

thereto, solely for the purposes of determining whether such submittal supports 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 any existing Maryland 

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 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 Excess 

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 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 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 existing 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 
4

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)

Maryland’s authority to monitor and analyze 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) of the Environment Article. The ambient air quality

standards, definitions, reference conditions, and methods of measurement have been approved 

into the SIP 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 

CFR 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 by EPA as either Reference or 

Equivalent, and are subjected to the Quality 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 2013 Annual Air Quality 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 by providing prior notification of any 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 System (AQS) system, in a timely manner in 

accordance with the scheduled prescribed by EPA in 40 CFR 58. EPA finds Maryland’s

infrastructure SIP submittal for the 2010 NO2 NAAQS meets the requirements of CAA section 

110(a)(2)(B).

3. Section 110(a)(2)(C)

EPA finds Maryland has established and currently 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 

discussed 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

26.11a Enforcement of provisions described in Section 110(a)(2)(A), with the 

exception of the Vehicle Emissions Inspection Program.

11.14.08.08a

Implementing regulations for the Vehicle Inspection Program

26.11.02a Permits, Approvals, and Registration

26.11.03.21 Enforcement of Title V permits

26.11.06.14a Pre-construction permitting for Prevention of Significant Deterioration 

(PSD) sources

20.79.01.01a,

20.79.01.02a, and 

20.79.01.03a

Regulation of construction and modification of electric generating 

stations

Annotated Code of 

Maryland – Article, 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 Healthy Air Act (HAA)

Transportation Article, 23-207 Enforcement of the Vehicle Emissions Inspection Program

Public Utilities Article, 

7-205a, 207a, and 208a

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 SIP 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 SIP 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 – Article, Section Description

Public Utilities Article, 7-

205, 207, and 208

Requirements for construction and modification of generating 

stations

EPA finds Maryland’s infrastructure SIP submittal for the 2010 NO2 NAAQS meets the 

requirements of CAA section 110(a)(2)(C).

4. Section 110(a)(2)(D)(i)(I)

Section 110(a)(2)(D)(i)(I) of the CAA prohibits any source or other type of emissions 

activity within the State from emitting any air pollutants in amounts which will contribute 

significantly to nonattainment in any other state with respect to any primary or secondary

NAAQS, or interfere with maintenance by any other state with respect to any primary or 

secondary NAAQS. In this action, EPA is proposing to approve the 110(a)(2)(D)(i)(I) portion of 

the Maryland SIP submission and determine that the existing Maryland SIP contains provisions 

sufficient to satisfy all of the requirements of 110(a)(2)(D)(i)(I) for the NO2 NAAQS.1 EPA 

reviewed Maryland’s August 14, 2013 infrastructure SIP submittal for the 2010 NO2 NAAQS

and based on that review and EPA’s review of relevant air quality data, EPA is proposing to 

determine that Maryland’s SIP includes adequate provisions to prohibit sources or other emission 

activities within the State from emitting nitrogen oxides (NOx) in amounts that will contribute 

significantly to nonattainment or interfere with maintenance by any other state with respect 

specifically to the NO2 NAAQS. NO2 is a component of NOx. 

To meet the requirements of section 110(a)(2)(D)(i)(I), Maryland presented various EPA 

SIP approved statutory and regulatory provisions which are listed below in Table 4 and, more 

specifically, control measures to control NOx emissions from major stationary sources listed in 

Table 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 SIP submission for the 2010 NO2 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 United 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 Low Emissions Vehicle Program

26.11.20.03 Reformulated Gasoline in On-road Vehicles

Table 5: Control of NOx Emissions for Major Stationary Sources

COMAR 

26.11.09.08... Description EPA SIP approval date

A and B Fuel-Burning Equipment Located 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 Greater 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 Capacity Factor of 15 Percent 

or Less 2/8/2001

G(2) Combustion Turbines with a Capacity 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 NOx

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 Internal Combustion Engines at Natural Gas 

Compression Stations 2/8/2001

Maryland’s Healthy Air Act (HAA) requires reductions in total emissions of sulfur 

dioxide (SO2), NOx, and mercury from applicable electric generating units (EGUs) in the state. 

The 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, NOx emissions were reduced by 

approximately 70% in 2009 and SO2 emissions were reduced by approximately 80% in 2010. At 
8

full implementation, the HAA has reduced NOx emissions by approximately 75% in 2012 from 

2002 levels. (See 77 FR 11827 at 11836)

In addition, all major stationary sources of NO2 are subject to the SIP 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 NO2 emitting source will cause or contribute to any potential exceedances of the 

NO2 NAAQS. See COMAR 26.11.06.14, 26.11.17, and 20.79.01.01 through 20.79.01.03. See 

also Sections 7-205, 7-207, and 7-208 of the Public Utilities Article of the Code.

On February 17, 2012 (77 FR 9532), EPA promulgated a rule that established air quality 

designations for all areas of the country for the 2010 NO2 NAAQS based on air quality

monitoring data for the period 2008-2010. Based upon this 2008-2010 air quality monitoring 

data, EPA determined that no area of the country is violating the 2010 NO2 NAAQS. 

EPA reviewed NO2 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 Pennsylvania. EPA selected fifty kilometers from Maryland for reviewing design 

values at monitors because 50 kilometers is the standard distance for modeling analysis in EPA’s 

Guideline on Air Quality Models (Appendix W to 40 CFR Part 51) and EPA is acting consistent 

with that Guideline. The most recent design values2(DVs) that are computed using qualityassured 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 2010-2012 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 NO2.. The level of the 1-hour NAAQS for NO2 is 100 parts per billion 

(ppb) and the form is the 3-year average of the annual 98th percentile of the daily 1-hour 

maximum. 

In the states surrounding and bordering Maryland within the 50 kilometers reviewed by 

EPA, there are no areas with design values for 2008-2010, 2009-2011 and 2010-2012 that exceed 

the 2010 NO2 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 52a

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 54a55a

DE New Castle 100032004 N/A 50a48a

PA Lancaster 420710007 40 43 42

PA Adams 420010001 N/A 15a15a

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 analysis and EPA’s review of NOx emission 

trends within Maryland, EPA does not expect NOx emissions in Maryland to increase 

significantly. A review of the National Emissions Inventory (NEI) data shows a reduction of 

over 23,413 tons per year of total NOx emissions in Maryland from 2008 to 2011. EPA’s 

analysis of the air quality monitoring data and emission trends (in addition to Maryland’s SIP 

provisions) also demonstrate that NO2 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 NO2 NAAQS to have difficulty maintaining the NAAQS for 

NO2. 

This data also supports EPA’s proposed conclusion that Maryland emission sources are 

not significantly contributing to nonattainment in another state for the NO2 NAAQS and are not 

interfering with maintenance of the NO2 NAAQS in another state. For all these reasons, EPA 

proposes to find that Maryland’s federally enforceable SIP provisions with NOx emission limits 

for NOx emission sources contain adequate provisions to ensure Maryland emission sources will 

not significantly contribute to nonattainment or interfere with maintenance in another state with 

respect to the NO2 NAAQS. 

Based upon EPA’s review of the air quality 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 NO2 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 SIPs include provisions prohibiting emissions that would 

interfere with measures required to be in another state’s SIP under part C of Title I of the CAA to 

prevent significant deterioration of air quality. In describing how its submission meets this 

requirement, the State referenced the following EPA SIP-approved regulations: 

Table 7: EPA SIP-approved PSD Provisions

COMAR 

Subtitle/Chapter Description

26.11.02 Permits, Approvals, and Registration
10

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

Sections 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 SIP contains an approved PSD program.

With respect to prong 4, Section 110(a)(2)(D)(i)(II) requires that SIPs include provisions 

prohibiting any 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 SIP. In describing how 

its submission meets this requirement, the State referred to its February 13, 2012 regional haze 

SIP submittal which was fully approved by EPA on July 6, 2012 (77 FR 39938). 

Thus, EPA is proposing to approve the infrastructure SIP submission with respect to 

110(a)(2)(D)(i)(II) prong 4 because Maryland’s approved regional haze SIP adequately prevents

sources in Maryland from interfering with measures adopted by other states to protect visibility

during the first planning period. 

6. Section 110(a)(2)(D)(ii)

As discussed above for 110(a)(2)(C) and (D)(i)(II), Maryland has a SIP 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 currently pending 

obligations pursuant to CAA Section 126(b) and has made the necessary submittals through its 

NO2 infrastructure SIP submittal 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 SIP 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 Section 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, Maryland’s Environmental 

Trust Fund via the Maryland Department of Natural Resources (DNR), fees collected for motor
11

vehicle inspections via MDOT, and application fees for Certificates of Public Convenience and 

Necessity (CPCN) for power plants via the Maryland Public Service Commission. 

As for personnel, Maryland states that MDE’s Air and Radiation Management 

Administration currently 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 provides 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, Sections

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 

penalties
12

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 

for 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 NO2 NAAQS 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. See 78 FR 73472. The rule became effective 

on February 4, 2014. Therefore, EPA is proposing that Maryland’s SIP adequately 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 infrastructure SIP 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 SIP-approved regulations address requirements for monitoring 

and control of NOx 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 emissionsrelated data are included in the following regulations which have been approved into Maryland’s 
13

SIP: COMAR 26.11.01.04, 26.11.01.05, 26.11.01.05-1, 26.11.01.07, 26.11.01.10, and 

26.11.27.05. Additionally, COMAR 26.11.03.03 is applicable regarding data from sources with 

Title V permits but has not been approved into the SIP. 

Requirements for reports and public notification are addressed through COMAR 

26.11.01.05 “Records 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 SIP meets the requirements of CAA section 110(a)(2)(F).

11. 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. Sections 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 SIP approved and found in COMAR 26.11.05. 

Therefore, EPA finds that Maryland has authority comparable to that in section 303 of the CAA 

and adequate contingency plans to implement such authority. Accordingly, EPA finds 

Maryland’s infrastructure SIP meets the requirements of CAA section 110(a)(2)(G).

12. 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 specifically, section 

2-302 of the Environment Article of the Code provides the authority to set emission standards 

and air quality control areas, as well as ambient air quality standards. 

This submission provides EPA with adequate assurances that Maryland will review and 

revise its SIP 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 NO2 infrastructure SIP meets the requirements of CAA 

section 110(a)(2)(H).

13. Section 110(a)(2)(J)

Section 121 (relating to consultation). All Maryland SIP revisions undergo public notice 

and hearing, which provides for comment by 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/Eastern 
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Panhandle Metropolitan Planning Organization. Public hearings on proposed Maryland 

regulations are held in accordance with EPA requirements under 40 CFR 51.102. Public 

hearings on proposed Maryland regulations are held in accordance with Section 2-303(b) of the

Environment Article of the Code which requires that a public hearing be held before adopting air 

quality regulations. In addition, 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. 

Section 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 

adopts 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, SIP approved regulations and statutory provisions in which public notification and 

hearings are addressed are listed in Table 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”

26.11.03.01a “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, Definitions, Reference Conditions, 

and Methods of Measurement,” 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 –

Article, 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 public access to all air monitoring data via the 
15

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 establishment 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 

SIP which addresses requirements of CAA Sections 169A and 169B as discussed above for 

section 110(a)(2)(D)(i)(II). 

 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.

EPA finds Maryland’s infrastructure SIP meets the requirements of CAA section 

110(a)(2)(J) relating to consultation, public notification, and visibility protection requirements. 

14. Section 110(a)(2)(K)

For the authority to perform air quality modeling and the submission of relevant data,

Maryland cites Sections 2-103 and 2-302 of the Environment Article of the Code. Maryland also 

cites SIP 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 related to modifications of facilities at power 

plants and require modeling. 

In addition, COMAR 20.79.03.02, which is in the Maryland SIP, 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 ability of the generating station to comply with PSD 

and NSR provisions and the impact on PSD areas. 

Maryland also stated that it can provide modeling analysis 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 (PM2.5) SIPs. Therefore, EPA finds Maryland’s infrastructure SIP 

meets the requirements of CAA section 110(a)(2)(K).

15. 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 August 
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14, 2013 SIP submission for the 2010 NO2 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 existing sources of air 

pollution, compliance and enforcement of sources of air pollution.... This includes program 

development and NO2 plan implementation.” Therefore, EPA finds Maryland’s infrastructure 

SIP meets the requirements of CAA section 110(a)(2)(L).

16. 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 analysis of Maryland’s submission for section 110(a)(2)(J) and finds that analysis 

applicable to the requirements of 110(a)(2)(M). EPA finds Maryland’s infrastructure SIP meets 

the requirements of CAA section 110(a)(2)(M) for consultation and participation by local 

political subdivisions affected by the Maryland SIP.

F. CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of Maryland’s August 14, 2013 infrastructure submittal for the 2010 NO2 

NAAQS therefore concludes that Maryland’s submittal meets 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 SIP approved. 

It is recommended that a notice of proposed rulemaking be prepared approving Maryland’s

infrastructure submittal for the 2010 NO2 NAAQS.