Appendix E (Washington DC-MD-VA PM2.5 Redesignation Request & Maintenance Plan, 

May 22, 2013) 

Appendix E 

Notices and Public Comments and Responses 

(Washington DC-MD-VA PM2.5 Redesignation 

Request & Maintenance Plan) 

Page 1 of 21
DDOE Notice 

NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD

ON AIR QUALITY ISSUES

Notice is hereby given that a public hearing will be held on Wednesday, February 20, 2013, at 

5:30 p.m. in Room 555 at 1200 First Street NE, 5th Floor, in Washington, D.C. 20002. This 

hearing provides interested parties an opportunity to comment on the District of Columbia’s 

(District) proposed redesignation request and maintenance plan for the fine particulate matter 

(PM2.5) 1997 annual national ambient air quality standards (NAAQS). Once the District has 

completed its procedures, the documents will be submitted to the United States Environmental 

Protection Agency (EPA) for approval as a revision to its State Implementation Plan (SIP) at 40 

CFR Part 52 Subpart J, pursuant to the provisions of § 107 of the federal Clean Air Act (CAA).

PM2.5 ambient air quality has improved in the Washington DC-MD-VA nonattainment area since 

the area was designated as being in nonattainment of the 1997 annual PM2.5 NAAQS. The area is 

currently operating under a clean data determination (74 Fed. Reg. 1146, January 12, 2009). The 

District, the State of Maryland, and the Commonwealth of Virginia are requesting that EPA 

concurrently approve, as a SIP revision for each state, the related CAA § 175A maintenance 

plan. The maintenance plan ensures that good PM2.5 air quality will be maintained through 2025. 

The plan also demonstrates that PM2.5 air quality in the Washington DC-MD-VA area will 

remain compliant with the 1997 PM2.5 NAAQS, as measured by a monitoring network that meets 

all federal requirements.

Copies of the proposed redesignation request and maintenance plan are available for public 

review during normal business hours at the offices of the District Department of the Environment 

(DDOE), 1200 First Street NE, 5th Floor, Washington, DC 20002.

Interested parties wishing to testify at this hearing must submit in writing their names, addresses, 

telephone numbers and affiliation, if any, to Mr. William Bolden at the DDOE address above or 

at william.bolden@dc.gov by 4:00 p.m. on February 20, 2013. Interested parties may also submit 

written comments to Ms. Jessica Daniels, Monitoring and Assessment Branch, Air Quality 

Division, DDOE, at the same address or by email at jessica.daniels@dc.gov. Questions about 

this SIP revision should be directed to Mr. Rama S. Tangirala by phone at (202) 535-2989 or 

email rama.tangirala@dc.gov, or Ms. Daniels at (202) 741-0862 or jessica.daniels@dc.gov. No 

comments will be accepted after February 20, 2013 

Page 2 of 21
 MARYLAND DEPARTMENT OF THE ENVIRONMENT 

 1800 Washington Boulevard • Baltimore MD 21230 

 410-537-3000 • 1-800-633-6101• www.mde.state.md.us 

 Recycled Paper www. mde.state.md.us TTY Users 1-800-735-2258 

Via Maryland Relay Service 

Robert M. Summers, Ph.D. 

Secretary 

Kathy M. Kinsey 

Deputy Secretary 

Martin O’Malley 

Governor 

Anthony G. Brown 

Lieutenant Governor 

Maryland Department of the Environment 

Notice of Public Hearing on Air Quality Plan 

The Maryland Department of the Environment (MDE) gives notice of a Public Hearing concerning 

the proposed Maryland Redesignation Request & Maintenance Plan State Implementation Plan 

(SIP). 

 

A public hearing will be held on: 

February 19, 2013, at 10:00 AM at the Maryland-National Capital Park & Planning Commission 

Montgomery County Park and Planning Headquarters 

8787 Georgia Ave 

Silver Spring, Maryland 20910 

Room location: 1st Floor Auditorium 

10:00 AM 

The hearing will focus on the request by Maryland that the Environmental Protection Agency 

(USEPA) redesignate the Washington DC-MD-VA 1997 fine particulate (PM2.5) nonattainment area to 

attainment for this PM2.5 standard pursuant to the provisions under §107 of the federal Clean Air Act 

(CAA). Air quality in the area is significantly improved due to permanent and enforceable emission 

reductions. Owing to the improvement in PM2.5 air quality, the Washington DC-MD-VA 

nonattainment area is currently operating under a federally approved clean data determination (74 FR, 

1146, 1/12/2009). Thus Maryland is also requesting that USEPA concurrently approve, as a revision 

to the state implementation plan (SIP), the related §175A Maintenance Plan. This plan ensures that 

good PM2.5 air quality will be maintained through 2025. 

 . 

The Public Hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410 (a) and 40 

CFR 51.102). Interested persons are invited to attend and express their views. After the Department 

considers the comments received, and revises the proposal if necessary, all related items will be 

submitted to the U.S. Environmental Protection Agency. 

An electronic copy of the proposed SIP may be accessed from the Maryland Department of the 

Environment’s website at: 

http://www.mde.state.md.us/programs/Air/AirQualityPlanning/Pages/programs/airprograms/air_planni

ng/index.aspx

or upon the web page of the Metropolitan Washington Council of Governments 

http://www.mwcog.org/environment/air/downloads/PM/default.asp

Page 3 of 21
Page 2 

 Recycled Paper www.mde.state.md.us TTY Users 1-800-735-2258 

 Via Maryland Relay Service

Note: the public library systems in Maryland can be used for Internet access to view the document. An 

electronic copy of the document can also be obtained writing to Randall Carroll at 

rcarroll@mde.state.md.us. 

 

Copies of the document can also be viewed at the Maryland Department of the Environment Main 

Office, Air and Radiation Management Administration, 1800 Washington Boulevard, Baltimore, 

Maryland –Contact: Randall Carroll. 

Written comments may be presented at the hearing, faxed to 410-537-4223, emailed to 

rcarroll@mde.state.md.us, or mailed to Randall Carroll, MDE ARMA, 1800 Washington Boulevard, 

Ste. 730, Baltimore, MD, 21230. Comments must be received before the close of business on 

February 19, 2013. 

Anyone needing special accommodations at the public hearing should contact the Department's Fair 

Practices Office at (410) 537-3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

For more information contact Randall Carroll, Natural Resources Planner, at (410) 537-3252. Toll free 

in Maryland call 1-(800) 633-6101 ext. 3252. 

Maryland Department of the Environment 

Air and Radiation Management Administration 

1800 Washington Boulevard, Ste. 730 

Baltimore, Maryland 21230 

Page 4 of 21
VDEQ Notice 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Public Notice – Air Quality Plan

Notice of action: The Department of Environmental Quality (DEQ) is seeking 

comments and announcing a public hearing on a proposed plan to maintain compliance 

with the 1997 fine particulate matter (PM2.5) national ambient air quality standard 

(NAAQS) in the Northern Virginia PM2.5 Nonattainment Area. The Commonwealth 

intends to submit the plan as a revision to the Commonwealth of Virginia State 

Implementation Plan (SIP) in accordance with the requirements of § 110(a) of the 

federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to 

fulfill its responsibilities under the Act to attain and maintain the ambient air quality 

standards promulgated by the U.S. Environmental Protection Agency (EPA) under the 

Act. 

Purpose of notice: DEQ is seeking comments on the overall plan, and on the issue of 

whether the plan enables the Northern Virginia PM2.5 Nonattainment Area to maintain 

compliance with the 1997 PM2.5 NAAQS until at least 2025. 

Public comment period: January 28, 2013 to February 26, 2013. 

Public hearing: A public hearing will be conducted at the Fairfax County Government 

Center, in conference room 2/3, at 7:00 pm on February 25, 2013. The Fairfax County 

Government Center is located at 12000 Government Center Parkway, Fairfax, Virginia 

22035. A map and directions may be found at 

http://www.fairfaxcounty.gov/maps/county/government-center.htm. 

Description of proposal: The proposal consists of the following. 

1. Air quality maintenance plan in support of a concurrent request to redesignate the 

Northern Virginia PM2.5 Nonattainment Area (Counties of Arlington, Fairfax, Loudoun, 

and Prince William; Cities of Alexandria, Fairfax, Falls Church, Manassas, and 

Manassas Park) to attainment: The purpose of the plan is to ensure that emissions of 

PM2.5, sulfur dioxide (SO2), and nitrogen oxides (NOX) do not exceed the 2007 

attainment year levels through 2025, enabling the area to continue meeting the 1997 

NAAQS for PM2.5. The plan contains control measures that are currently in place and 

will be continued in order to maintain the PM2.5, SO2, and NOX emissions at or below the 

2007 levels. These measures include, but are not limited to, federal control programs 

for on-road and non-road engines as well as limitations on local power plants. The plan 

also contains a program of contingency measures to be implemented if the air quality 

monitoring stations in the area record a violation of the 1997 PM2.5 NAAQS or if 

emissions in the area increase above the 2007 levels, as well as information concerning 

emissions estimates, growth assumptions, emission factors, and reduction 

assumptions. 

2. Motor vehicle emissions budgets for the years 2007, 2017, and 2025: The purpose of 

the motor vehicle emissions budgets is to ensure that transportation emissions conform 

Page 5 of 21
VDEQ Notice 

to the requirements of the proposed plan for maintaining compliance with the 1997 

PM2.5 NAAQS (transportation conformity). 

The proposed PM2.5 redesignation request and maintenance plan were prepared by the 

Metropolitan Washington Air Quality Committee (MWAQC), which consists of elected 

officials from the affected localities and representatives of state transportation and air 

quality planning agencies. 

The maintenance plan, which contains the motor vehicle emissions budgets, will be 

submitted as a SIP revision in conjunction with a request to EPA from the 

Commonwealth to redesignate the Northern Virginia PM2.5 Nonattainment Area as 

attainment/maintenance. DEQ is accepting comments on both the redesignation 

request and maintenance plan, but the redesignation request will not be submitted as 

part of the SIP revision. 

Federal information: This notice is being given to satisfy the public participation 

requirements of federal regulations (40 CFR 51.102). The proposed maintenance plan 

and supporting technical documents will be submitted as a revision to the 

Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in 

accordance with 40 CFR 51.104. 

How to comment: DEQ accepts written comments by email, fax, and postal mail. In 

order to be considered, comments must include the full name, address, and telephone 

number of the person commenting and be received by DEQ no later than the last day of 

the comment period. Both oral and written comments are accepted at the public 

hearing. DEQ prefers that comments be provided in writing, along with any supporting 

documents or exhibits. Comments on the redesignation request and maintenance plan 

must be submitted to Doris A. McLeod, Air Quality Planner, Division of Air – Data 

Analysis and Planning, Department of Environmental Quality, 629 E. Main St, PO Box 

1105, Richmond, Virginia 23218 (phone 804-698-4197, fax 804-698-4510, email 

doris.mcleod@deq.virginia.gov). All materials received are part of the public record. 

To review the proposal: The proposal and any supporting documents are available on 

the DEQ Air Public Notices for Plans web site 

(http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx). 

The documents may also be obtained by contacting the DEQ representative named 

above. The public may review the documents between 8:30 am and 4:30 pm of each 

business day until the close of the public comment period at the following DEQ 

locations: 1) Main Street Office, 8th Floor, 629 E. Main St, Richmond, VA, 804-698-

4070 and 2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, 703-583-

3800 

TEMPLATES\SIP-PLAN\PP02N-PH

SIP\REDESGN\NVA3-PM\NVPM-NOTICE.DOC 

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1

February 19, 2013 

VIA E-MAIL (rcarroll@mde.state.md.us)

Randall Carroll, Natural Resources Planner 

Maryland Department of the Environment 

Air and Radiation Management Administration 

1800 Washington Boulevard, Ste. 730

Baltimore, MD 21230 

RE: Sierra Club Comments Regarding Maryland Proposed PM2.5 Redesignation 

Dear Mr. Carroll, 

Pursuant to the Maryland Department of the Environment’s (“MDE’s”) Notice of Public 

Hearing, the Sierra Club submits the following comments regarding MDE’s proposed Maryland 

Redesignation Request & Maintenance Plan State Implementation Plan for Fine Particulate 

Matter (PM2.5) (“Redesignation Request”) for the District of Columbia-Maryland-and Virginia 

(“DC-MD-VA”) 1997 daily and annual PM2.5 NAAQS nonattainment area. 

As set forth below, the Redesignation Request cannot be approved at this time because it 

fails to meet the requirements set forth for redesignation. Specifically, the Redesignation 

Request must be revised to address the following issues: 

(1) The Redesignation Request fails to appropriately address ammonia and volatile organic 

compounds (“VOCs”) as PM2.5 precursors, as is required under the D.C. Circuit’s recent 

ruling in NRDC v. EPA, Case No. 08-1250 (D.C. Cir. Jan. 4, 2013); 

(2) The Redesignation Request fails to adequately analyze the effect that redesignation will 

have on Maryland’s compliance with other NAAQS, including the 2006 24-hour PM2.5

NAAQS and 2013 annual PM2.5 NAAQS, and with regional haze; and 

(3) The Redesignation Request’s draft maintenance plan fails to consider recent EPA 

decisions regarding mobile source emissions. 

The redesignation request in its current form must be revised and should only resubmitted once 

MDE has addressed these issues. 

I. BACKGROUND 

A. Factual Background 

In July 1997, the U.S. Environmental Protection Agency (“EPA”) revised the National 

Ambient Air Quality Standard (“NAAQS”) for particulate matter and established primary 

Page 11 of 21
Mr. Carroll 

Page 2 of 5 

February 19, 2013 

2

(health-based) annual and 24-hour standards for fine particulate matter (“PM2.5”). See 62 Fed, 

Reg. 38652 (July 18, 1997). The annual standard was set at 15.0 micrograms per cubic meter 

(μg/m3), based on the 3-year average of annual mean PM2.5 concentrations and the 24-hour 

standard was set at 65 μg/m3, based on the 3-year average of the 98th percentile of 24-hour 

concentrations. 

As MDE has recognized, exposure to elevated levels of PM2.5 is associated with 

numerous adverse human health effects: 

The main impacts of PM2.5 on human health are on the respiratory system and the 

cardiovascular system. Children, the elderly, and individuals with pre-existing 

pulmonary or cardiac disease are the most susceptible to PM2.5 pollution. 

Complications that can arise from exposure to PM2.5 include decreased lung 

function, chronic bronchitis, respiratory symptoms such as asthma attacks and 

difficulty breathing, nonfatal heart attacks, irregular heartbeat, and premature 

death in individuals with pulmonary or cardiac disease. 

Redesignation Request at 1 

On December 17, 2004, EPA signed the final rule regarding the initial 

PM2.5nonattainment areas designations for the PM2.5 standards across the country. The final rule 

became effective on April 5, 2005. See 70 Fed. Reg. 944 (January 5, 2005). The Washington 

DC-MD-VA area was originally designated nonattainment for the 1997 PM2.5NAAQS based on 

air quality data showing that the area did not meet the 15.0 μg/m3annual standard. 

On January 4, 2013, MDE submitted Maryland’s Redesignation Request and 

Maintenance Plan for the DC-MD-VA nonattainment area for PM2.5 with regards to the 1997 

annual and daily standards. The Redesignation Request stated that the “DC-MD-VA region’s 

federal reference monitors have demonstrated compliance with the 65 μg/m3daily standard since 

the inception of the PM2.5 monitoring programs within each state.” Redesignation Request at 5. 

Subsequent to finalizing the 1997 daily and annual NAAQS, EPA has revised each 

standard. On October 17, 2006, EPA amended the PM2.5 NAAQS to ratchet down the 24-hour 

standard from 65 μg/m3to 35 μg/m3. See National Ambient Air Quality Standards for 

Particulate Matter; Final Rule, 71 Fed. Reg. 61144 (Oct. 17, 2006). More recently, on January 

15, 2013, EPA finalized its latest PM2.5 NAAQS, again ratcheting down at least one of the 

applicable standards. In its January 15, 2013 final rule, EPA lowered the annual PM2.5 NAAQS 

from 15.0 μg/m3

to 12.0 μg/m3, and retained the 24-hour PM2.5 NAAQS at the 35 μg/m3level set 

by the agency in 2006. National Ambient Air Quality Standards for Particulate Matter; Final 

Rule, 78 Fed. Reg. 3086 (Jan. 15, 2013). 

B. Legal Background 

The Clean Air Act establishes a number of requirements that must be present in order for 

the EPA to approve a request to redesignate an area from nonattainment to attainment. 

Specifically, the EPA can only approve a redesignation request if: 

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Mr. Carroll 

Page 3 of 5 

February 19, 2013 

3

(i) the Administrator determines that the area has attained the national ambient air quality 

standard; 

(ii) the Administrator has fully approved the applicable implementation plan for the area 

under section 110(k); 

(iii) the Administrator determines that the improvement in air quality is due to permanent 

and enforceable reductions in emissions resulting from implementation of the applicable 

implementation plan and applicable Federal air pollutant control regulations and other 

permanent and enforceable reductions; 

(iv) the Administrator has fully approved a maintenance plan for the area as meeting the 

requirements of section 175A; and 

(v) the State containing such area has met all requirements applicable to the area under 

section 110 and part D. 

42 U.S.C. § 7407(d)(3)(E). Each one of these requirements must be met before redesignation is 

approved. 

In light of these requirements, the Sierra Club offers the following recommendations 

regarding necessary revisions to Maryland’s redesignation request. 

II. SUBSTANTIVE COMMENTS 

A. MDE Should Revise Its Redesignation Request to Address Ammonia and VOCs’ 

Contribution to PM2.5 In the DC-MD-VA Nonattainment Area 

On January 4, 2013, the D.C. Circuit struck down EPA’s Implementation Rule for PM2.5. 

NRDC v. EPA, Case No. 08-1250 (D.C. Cir. Jan. 4, 2013). In holding that EPA impermissibly 

promulgated its PM2.5 implementation rules pursuant to the general implementation provisions of 

Subpart I of Part D of Title I of the Clean Air Act rather than Subpart 4, the Court observed that 

under Subpart 4, precursor pollutants (such as ammonia) are presumptively regulated. See id., 

slip op. at 14 n.7. Consequently, MDE’s election to ignore both VOCs and ammonia, which it 

expressly acknowledged to be precursors of PM2.5, see Redesignation Request at 9-10, is 

impermissible in light of the D.C. Circuit’s decision in NRDC. This deficiency must be 

remedied before EPA can approve MDE’s redesignation request. 

B. MDE Should Revise the Draft Maintenance Plan to Consider How 

Redesignation Will Impact Attainment of Other NAAQS 

The Clean Air Act requires that, “[t]he Administrator shall not approve a revision of a 

plan if the revision would interfere with any applicable requirement concerning attainment and 

reasonable further progress (as defined in section 7501 of this title), or any other applicable 

requirement of this chapter.” 42 U.S.C. § 7410(l). EPA cannot approve a redesignation without 

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Mr. Carroll 

Page 4 of 5 

February 19, 2013 

4

an adequate analysis of the effects that redesignation will have on other NAAQS and visibility. 

With respect to the 1-hour NOx NAAQS, the 1-hour SO2 NAAQS, the 2008 ozone NAAQS, and 

visibility MDE has failed to conduct an adequate analysis. Without such an analysis, MDE 

cannot ensure that redesignation will not interfere with attainment or reasonable further progress 

of the NAAQS and thus cannot approve the redesignation. 

Nonattainment areas are required to have approved Reasonable Available Control 

Measures (“RACM”) and Reasonably Available Control Technology Programs (“RACT”) for 

PM2.5. Once an area reaches attainment, these requirements are stayed, halting any benefits of 

the programs. MDE itself stated that if EPA makes an attainment determination, this would 

suspend “reasonably available control measures/reasonably available control technology 

determinations.” See Redesignation Request at 14. RACM and RACT programs aimed at 

reducing PM2.5 also reduce levels of NOx, SO2, and ozone. Suspending the RACM/RACT 

programs has the potential to interfere with attainment of the 2006 24-hour PM2.5 NAAQS, the 

2013 annual PM2.5 NAAQS, the 1-hour NOx NAAQS, the 1-hour SO2 NAAQS, and the 1997 

and 2008 ozone NAAQS, as well as visibility. It also has the potential to result in Maryland 

being designated nonattainment for the 2006 and recently finalized 2013 PM2.5 NAAQS. 

MDE needs to demonstrate that removing this co-benefit will not interfere with NAAQS 

attainment, RACT, reasonable further progress and any other applicable requirement for the 

2006 24-hour PM2.5 NAAQS , the annual PM2.5 NAAQS, 1-hour NOx NAAQS, the 1-hour SO2

NAAQS, the 2008 ozone NAAQS, and visibility. While MDE has shown a general trend of 

reductions in NOx and SO2, MDE fails to establish that these reductions have achieved 

compliance with the more recent NAAQS. Nor has MDE shown that further reductions would 

not be achieved in the 1-hour NOx NAAQS, the 1-hour SO2 NAAQS, and the 2008 ozone 

NAAQS by virtue of fully implementing the nonattainment SIP provisions for the PM2.5 

NAAQS. Similarly, MDE has not addressed the impacts on visibility if the areas were 

redesignated. Therefore, MDE’s draft maintenance plan should be revised to demonstrate that 

redesignation will not interfere with attainment, RACT, and/or reasonable further progress of the 

NAAQS. 

C. Maryland Should Revise Its Maintenance Plan to Include Consideration of 

EPA’s Decision to Increase Ethanol Content in Gasoline

A nonattainment area cannot be redesignated until “the Administrator has fully approved

a maintenance plan for the area as meeting the requirements of section 7505a of this title.” 42

U.S.C. § 7407(d)(3)(E)(iv). 

The emissions calculations for on-road mobile sources fail to consider 15% ethanol in 

gasoline (“E15”). EPA recently decided to allow up to 15% ethanol content in gasoline. See 76 

Fed. Reg. 4662 (Jan. 26, 2011). An increase in ethanol content will lead to an increase in NOx

and VOCs emissions for which many cars and light duty trucks, and particularly those with 

pollution control devices, are not designed to process. The increase in NOx and VOCs 

emissions, which contribute to PM2.5 emissions, will most likely increase PM2.5 emission levels.

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Mr. Carroll 

Page 5 of 5 

February 19, 2013 

5

MDE calculated on-road mobile source emissions using its mobile source emission factor 

model, MOVES2010a. See Draft Maintenance Plan at 7. There is no indication that MDE 

accounted for the increase in NOx and VOCs emissions that will result from use of E15 in their 

calculations. Thus, for mobile source emission reductions are not permanent and enforceable, 

MDE must revise the Draft Maintenance Plan to fully consider the impact of E15 on NOx and 

VOCs emissions. 

III. CONCLUSION 

Until the issues described above are appropriately addressed, the State has not met “all 

requirements applicable to the area under section 7410 of this title and part D of this subchapter.” 

42 U.S.C. § 107(d)(3)(E). Before MDE submits its Redesignation Request to EPA it should 

revise the Request and accompanying Maintenance Plan to address each of the above concerns. 

Respectfully submitted, 

Joshua Berman 

Associate Attorney 

Sierra Club 

50 F Street NW, 8th Floor 

Washington, DC 20001 

Tel: (202) 650-6062 

Email: josh.berman@sierraclub.org 

Page 15 of 21
1

RECORD OF HEARING AND SUMMARY OF PUBLIC COMMENTS 

WASHINGTON DC-MD-VA 1997 PM2.5 REDESIGNARION REQUEST & 

MAINTENANCE PLAN 

As required by 40 C.F.R. § 51.102(e), the complete record of the hearing, along with a list of 

commenters and the text of the written presentations or summary of the oral presentations, is 

located at the Air Divisions of the Virginia Department of Environmental Quality, Maryland 

Department of the Environment, and the District Department of the Environment. The 

department contacts to access this information are: 

Virginia Department of Environmental Quality – Director, Air Division 

Maryland Department of the Environment – Director, Air and Radiation Management 

Administration 

District Department of the Environment – Associate Director, Air Quality Division 

The records of the public hearings are blank since no one attended the hearings. 

As required by § 2.1(h) of Appendix V of 40 C.F.R. Part 51, below is a summary of the comment 

received and responses thereto. Included is a brief statement of the subject, the identification of 

the commenter, the summary of the comment and the response (analysis and action taken). Each 

issue is discussed in light of all of the comments received that affect that issue. All comments 

have been reviewed and responses developed based on an evaluation of the issues raised in 

consideration of the overall goals and objectives of the air quality program and the intended 

purpose of the document under review. 

1. SUBJECT: Recent litigation regarding PM2.5. 

COMMENTER: United States Environmental Protection Agency (EPA), Region III 

TEXT: On January 4, 2013, in Natural Resources Defense Council v. EPA, the U.S. Court 

of Appeals for the District of Columbia circuit remanded to EPA the Final Clean Air Fine 

Particulate Implementation Rule (72 FR 20586, April 25, 2007) and the Implementation of 

the New Source Review (NSR) program for Particulate Matter Less than 2.5 Micrometers 

(PM2.5) (72 FR 2831, May 16, 2008). No. 08-1250 (D.C. Cir. January 4, 2013). The Court 

found that EPA erred in implementing the 1997 PM2.5 NAAQS pursuant to the general 

implementation provisions of Subpart 1 of part D of Title I of the Act, rather than the 

particulate-matter-specific provisions of subpart 4 of part D of Title I. EPA is still 

interpreting this court decision and its potential implications for redesignation requests and 

maintenance plans, as well as for motor vehicle emisisons budgets. 

RESPONSE: The proposed Redesignation Request and proposed Maintenance Plan 

fully conform to all current EPA guidance and regulatory requirements. Additionally, 

these documents provide data conclusively demonstrating that the Washington DC-MDVA region has complied with the 1997 annual national ambient air quality standard 

(NAAQS) for PM2.5 since 2005. For example, see Figures 5-2 and 5-3 of the proposed 

Maintenance Plan. Furthermore, the area’s current design value using 2009-2011 data is 

10.8 μg/m3, which is 4.2 μg/m3less than the 1997 PM2.5 NAAQS requirement of 15.0 

Page 16 of 21
2

μg/m3on an annual basis. Regardless of how EPA decides to implement the NAAQS 

requirements, given current mandates on a variety of PM2.5 and PM2.5 precursor emitting 

sources, it is improbable that the Washington DC-MD-VA region will ever violate the 

1997 PM2.5 NAAQS in the future. If this improbable event does come to pass, the 

proposed Maintenance Plan contains, in Section 8, contingency measures to further 

reduce PM2.5 emissions and PM2.5 precursor emissions. However, every indication is that 

PM2.5 air quality will continue the improvement trends depicted in Figures 5-2 and 5-3 of 

the proposed Maintenance Plan. The proposed Maintenance Plan notes in Table 5-1 that 

between the attainment year of 2007 and the out year of 2025, this region is expected to 

have reductions in SO2 emissions of more than 158,000 tons, reductions in NOX

emissions of more than 90,700 tons, and reductions in primary PM2.5 emissions of more 

than 2,700 tons. More information is simply not needed to provide assurances that the 

area will continue to maintain compliance with the 1997 PM2.5 NAAQS through 2025. 

Should EPA decide to finalize a regulation requiring a different approach to the 

development of a 1997 PM2.5 NAAQS maintenance plan, the Washington DC-MD-VA 

region will review those requirements at that time to determine if they warrant the 

creation and submittal of a subsequent state implementation plan (SIP) revision. 

No modification to the proposed documents was made based on this comment. 

2. SUBJECT: CSAPR. 

COMMENTER: United States Environmental Protection Agency, Region III 

TEXT: On August 21, 2012, the Court of Appeals for the D.C. Circuit issued a decision to 

vacate the Cross State Air Pollution Rule (CSAPR). In that decision, the Court also ordered 

EPA to continue administering the Clean Air Interstate Rule (CAIR) “pending the 

promulgation of a valid replacement.” EME Homer City Generation, L.P. v. EPA, No. 11-

1302 (D.C. Cir. Aug. 21, 2012), reh’g denied (per curiam) (Jan.24, 2013). While the D.C. 

Circuit has denied a rehearing of the decision to remand CSAPR, EPA is evaluating the 

ramifications of that decision and its potential implications for redesignation requests and 

maintenance plans. 

RESPONSE: The proposed Redesignation Request and proposed Maintenance Plan do 

not rely on CSAPR or CAIR to facilitate the emission reductions from facilities located 

within the Washington DC-MD-VA nonattainment area that might have had either of 

these regulations as applicable requirements. Rather, these documents rely upon 

federally enforceable consent agreement requirements, federally enforceable permit 

requirements, permanent retirement of electrical generating units, and requirements 

contained within the Maryland Healthy Air Act to control the emissions of electrical 

generating units within the Washington DC-MD-VA region. More detail on these 

requirements may be found in Section 3.2.2 of the proposed Redesignation Request and 

in Section 5.2.2 of the proposed Maintenance Plan. No further requirements are needed 

to ensure that the area complies with the 1997 PM2.5 NAAQS until at least 2025. 

Page 17 of 21
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No modification to the proposed documents was made based on this comment. 

3. SUBJECT: Product Emissions 

COMMENTER: United States Environmental Protection Agency, Region III 

TEXT: The second paragraph in the proposed maintenance plan under Section 5.2.2.4 

Future Control Strategies reads as follows: 

The Washington DC-MD-VA area will work with jurisdictions and USEPA to 

demonstrate the feasibility of (and get SIP credit for) achieving reductions across 

the entire region from market forces that will result in cleaner products being 

distributed across the entire region even when the regulations driving the cleaner 

products have only been adopted in a part of the region. 

Please clarify what is meant by “cleaner products.”

RESPONSE: In this context, “cleaner products” include consumer, commercial, 

institutional and industrial goods and technologies sold on the market (e.g, paints, adhesives, 

sealants, fuels) that have a capacity to inherently emit less pollution as compared to other 

similar products. 

No modification to the proposed documents was made based on this comment. 

4. SUBJECT: SO2 NAAQS Proposed Guidance 

COMMENTER: Ms. Pamela F. Faggert, Vice President and Chief Environment 

Officer, Dominion 

TEXT: The commenter requests that language in Section 5.2.2.1.4 of the proposed 

maintenance plan, which provides information on EPA’s proposed approach for 

implementing the 2010 SO2 NAAQS, be either reworded or removed from the document. 

RESPONSE: The commenter is correct that the language in the proposed Maintenance 

Plan regarding implementation of the 2010 SO2 NAAQS is obsolete. Reference to EPA’s 

proposed guidance has been removed from the document. 

5. SUBJECT: D.C. Circuit Court Case, NRDC v. EPA, Case No. 08-1250 

COMMENTER: Mr. Joshua Berman, Associate Attorney, Sierra Club 

TEXT: The Redesignation Request fails to appropriately address ammonia and volatile 

organic compounds (“VOCs”) as PM2.5 precursors, as is required under the D.C. Circuit’s 

recent ruling in NRDC v. EPA, Case No. 08-1250 (D.C. Cir. Jan. 4, 2013); 

On January 4, 2013, the D.C. Circuit struck down EPA’s Implementation Rule for 

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PM2.5. NRDC v. EPA, Case No. 08-1250 (D.C. Cir. Jan. 4, 2013). In holding that EPA 

impermissibly promulgated its PM2.5 implementation rules pursuant to the general 

implementation provisions of Subpart I of Part D of Title I of the Clean Air Act rather 

than Subpart 4, the Court observed that under Subpart 4, precursor pollutants (such as 

ammonia) are presumptively regulated. See id., slip op. at 14 n.7. Consequently, MDE’s 

election to ignore both VOCs and ammonia, which it expressly acknowledged to be 

precursors of PM2.5, see Redesignation Request at 9-10, is impermissible in light of the 

D.C. Circuit’s decision in NRDC. This deficiency must be remedied before EPA can 

approve MDE’s redesignation request.

RESPONSE: The proposed Redesignation Request and Maintenance Plan of the 

Washington DC-MD-VA area, in which Maryland is a regional contributor, fully 

complies with all requirements of the 1997 PM2.5 NAAQS. Notwithstanding recent 

litigation and EPA’s anticipated interpretation of the decision and its impacts on 

redesignation requests, the regional SIP demonstrates that air monitoring data in the 

Washington DC-MD-VA area has met the PM2.5 NAAQS since 2005. Furthermore, the 

area’s current design value using 2009-2011 data is 10.8 μg/m3, which is 4.2 μg/m3

less 

than the 1997 PM2.5 NAAQS requirement of 15.0 μg/m3on an annual basis. The 

monitoring and design value data reflects a measurement of all PM2.5 precursors and 

conforms to all EPA guidance. The proposed Maintenance Plan notes in Table 5-1 that 

between the attainment year of 2007 and the out year of 2025, this region is expected to 

have reductions in SO2 emissions of more than 158,000 tons, reductions in NOX

emissions of more than 90,700 tons, and reductions in primary PM2.5 emissions of more 

than 2,700 tons. The information supplied in the Redesignation Request provides all the 

assurances needed that the area will continue to maintain compliance with the 1997 PM2.5

NAAQS through 2025. 

As an ozone nonattainment area, the Washington DC-MD-VA region has focused on 

VOC controls for some time. These controls have contributed to the downward trend of 

PM2.5 concentrations. The selected SO2 controls accomplish compliance with the 1997 

PM2.5 NAAQS in a more cost-effective manner than additional VOC controls. 

EPA is considering the ramifications of the court decision. EPA’s interpretation of the 

court decision will be posted in the Federal Register and therefore will be open to 

comment. Any decision on the Redesignation Request and Maintenance Plan will be 

done in accordance with EPA interpretation of the decision. Should EPA decide to 

finalize a regulation requiring a different approach to the development of a 1997 PM2.5

NAAQS maintenance plan, the Washington DC-MD-VA region will review those 

requirements at that time to determine if they warrant the creation and submittal of a 

subsequent SIP revision. 

No modification to the proposed documents was made based on this comment. 

6. SUBJECT: D.C. Circuit Court Case, NRDC v. EPA, Case No. 08-1250 

COMMENTER: Mr. Joshua Berman, Associate Attorney, Sierra Club 

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TEXT: The Redesignation Request fails to adequately analyze the effect that 

redesignation will have on Maryland’s compliance with other NAAQS, including the 

2006 24-hour PM2.5 NAAQS and 2013 annual PM2.5 NAAQS, and with regional haze; 

RESPONSE: Section 107(d)(3)(E) of the Clean Air Act, as amended, states that an area 

can be redesignated to attainment if the following conditions are met: 

1. EPA has determined that the national ambient air quality standards (NAAQS) have 

been attained. 

2. The applicable implementation plan has been fully approved by EPA under section 

110(k). 

3. EPA has determined that the improvement in air quality is due to permanent and 

enforceable reductions in emissions. 

4. The State has met all applicable requirements for the area under section 110 and Part 

D.

5. EPA has fully approved a maintenance plan, including a contingency plan, for the 

area under section 175A. 

The Washington DC-MD-VA proposed Redesignation Request and Maintenance Plan, in 

which Maryland is a regional contributor, fully complies with all requirements of the 

1997 PM2.5 NAAQS. Maryland is not nonattainment for the 2006 24-hour PM2.5 NAAQS 

and will be recommending an attainment designation for the 2013 annual PM2.5 NAAQS. 

The controls in the proposed Redesignation Request and Maintenance Plan will provide 

benefits toward these standards and toward regional haze. Since the Redesignation Request 

and Maintenance Plan show continuing downward trends in PM2.5 well below the 2007 

attainment year inventory, it follows that the region will continue in attainment of standards it 

has not violated.

No modification to the proposed documents was made based on this comment. 

7. SUBJECT: EPA’s Decision to Increase Ethanol Content in Gasoline 

COMMENTER: Mr. Joshua Berman, Associate Attorney, Sierra Club 

TEXT: The Redesignation Request’s draft maintenance plan fails to consider recent 

EPA decisions regarding mobile source emissions. Maryland Should Revise Its 

Maintenance Plan to Include Consideration of EPA’s Decision to Increase Ethanol 

Content in Gasoline. 

RESPONSE: The region has prepared a Maintenance Plan based upon current 

requirements and standards as determined by EPA. The Maintenance Plan ensures 

against changes and uncertainties in mobile source emissions by establishing motor 

vehicle emission budgets for several key years. Each new transportation plan or 

transportation improvement program is tested against these budgets. Regardless of 

changes in fuels, fleets, or vehicle miles traveled, mobile source emissions must be equal 

to or less than these budgets. 

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The Maintenance Plan constitutes a SIP revision and must provide for maintenance of the 

relevant NAAQS in the area for at least 10 years after redesignation, including additional 

measures to ensure prompt correction of any violation of the NAAQS. The state must 

also submit a SIP revision eight years after the original redesignation request is approved 

to provide for maintenance of the NAAQS for an additional 10 years following the first 

10-year period. 

The Maintenance Plan contains a commitment to enact and implement additional 

contingency measures expeditiously in the event that future violations of the NAAQS 

occur and a list of potential contingency measures that would be implemented in such an 

event. 

As such, the Maintenance Plan has adequate provisions to address any future regulations, 

court decisions, or unexpected events. These future scenarios will be evaluated as 

needed. 

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