UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103·2029

Ms. Deborah Rabin Regulations Coordinator 

## MAY 28 2009 Air and Radiation Management Administration Maryland Department of the Environment 1800 Washington Boulevard, Suite 730 Baltimore, MD 21230-1720

Dear Ms. Rabin:

Thank you for the opportunity to provide comments on the proposed revisions to Maryland regulation COMAR 26.11.27 entitled "Emission Limitations for Power Plants", which increase nitrogen oxides (NOx.) and sulfur dioxide (S02) annual emissions limits and NOx. ozone

season limits for the 

### R. Paul Smith facility. The Environmental Protection Agency (EPA) approved COMAR 26.11.27 as a State Implementation Plan (SIP) revision on September 4, 2008 (73 FR 51599), with emission caps for this facility that are three and four times more stringent than what you now propose.
Maryland's attainment plans for achieving the fine particulate matter 

### (PM 2

. 

### s ) National Ambient 

### Air Quality Standard (NAAQS) rely on the caps set forth in the current version of COMAR 26.11.27 that was approved into the Maryland SIP on September 4, 2008. Specifically, the submitted Washington County 

### PM2.s Attainment Plan relies on annual NOx. reductions from two units at the 

### R. Paul Smith facility as part of its suite of control measures used for demonstrating attainment. Additionally, the attainment plan identifies S02 reductions from these units as surplus for purposes of attainment, are greater than the amount of contingency required, and are therefore used to satisfy the contingency requirements. The relaxation of the caps for NOx and S02 may also have adverse effects on requirements related to the attainment or maintenance of other NAAQS or other applicable requirements of the federal Clean 

### Air Act.

EPA is providing this comment to ensure that Maryland adheres to the requirements of Section 110(1) of the Clean Air Act (CAA), which requires that this revision not interfere with
any reasonable progress or other requirements of the CAA, including, but not limited to, any impacts on the Washington County 

### PM2.s attainment plan. The submittal of this revised regulation as a SIP revision must address Section 110(1) and, at a minimum, demonstrate that the increase in the SIP-approved caps have no impact on the attainment plan that has been submitted by Maryland for pending EPA action.



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### Shouldyouhave any questions pertaining to this comment, please do not hesitateto contactme, or have your staffpersoncontact 

### Marilyn Powersof 

### my staff at (215) 814-2308.

# i>"7~~ DianaEsher, ActingDirector Air ProtectionDivision



# o Printed 011 100% recycled/recyclable ptlper with 100% POsl-collsllmer fiber IIIIdprocess ch/Qrine free. Customer Service Hotline: 1-800-438-2474I (5/28/2009)**D~bbieRabin** -EPA comment on proposed**~~yision** to COMAR 26.11.27 

# PaseJJ

From: <Powers.Marilyn@epamail.epa.gov> To: <drabin@mde.state.md.u s> CC: <dfrank@mde.state.md.u s> Date: 5/28/2009 3:03 PM SUbject: EPA comment on proposed revision to COMAR 26.11.27 Attachments: EPA comments on COMAR 26.11.27 revisions. PDF

Hi Debbie,

Attached is the EPA comment letter pertaining to the proposed revisions to COMAR 26.11.27, Emission Limitations for Power Plants. The hard copy is being sent today. Please enter this comment into the public record for this rulemaking.
Thank you,
Marilyn Powers EPA Region 3 1650 Arch Street Phila., PA 19103
(See attached file: EPA comments on COMAR 26.11.27 revisions.PDF)

### DEPARTMENT OF THE ENVIRONMENT AIR AND RADIATION MANA GEMENT ADMINISTRATION

RESPONSE TO COMMENTS

for the

PUBLIC HEARING held on May 28, 2009 in BALTIMORE, MD

Related to Proposed Amendments to Regulations.02 and .03 under COMAR 26.11.27 Emission Limitations for Power Plants.

Purpose of Hearing : The purpose of today's hearing is to give the public an opportunity to comment on the proposed amendments to Regulations .02 and .03 under COMAR 26.11.27 Emission Limitations for Power Plants.

Date and Location : The public hearing was held on May 28, 2009 at 10:00 a.m. at 1800 Washington Boulevard, 1 st 

### Floor Aeris Conference Room, Baltimore MD 21230.

Hearing Officer: Deborah Rabin, Regulations Coordinator, Air and Radiation Management Administration, serv ed as Hearing Officer.

Attendance : No one attended the public hearing.

Statement : The Department's statement was submitte d into the record by Mr. Carl York, Special Projects Manager for the Regulation Development Division of the Air and Radiation Management Administration, Department of the Environment.

Comments Received : Written comments were received from the Environmental Protection Agency Region III Office.

Comments and Responses : The comments received by the Department during the 30-day comment period that relate to the propos ed action have been summarized and the Department's responses are given below.

Comment: Maryland's attainment plans for achieving the fine particulate matter (PM 2.5 

### ) National Ambient Air Quality Standards(NAAQS ) rely on the caps set forth in the current version of COMAR 26.11.27 that was approved into the Maryland SIP on September 4, 2008. Specifically, the submitted Washington County PM 2.5 

### Attainment Plan relies on annual NOx reductions from two units at the R. Paul Smith facility as part of its suite of control measures used for demonstrating attainment.

EPA is providing this comment to ensure thatMaryland adheres to the requirements of Section 110(1) of the Clean Air Act (CAA), whic h requires that this revision not interfere

### with any reasonable progress or other re quirements of the CAA, including, but not limited to, any impacts on the Washington County PM 2.5 

### attainment plan.

Response : The Department is working on a 110(l) demonstration to ensure that this regulation will not impede Maryland's ability to meet the 1997 or 2006 PM2.5 NAAQS. MDE will provide a draft of that demonstration shortly to EPA and work with EPA to ensure it meets the requirements necessary.