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 ofthe 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 (PM2.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 ofits 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 ofthe caps for 

NOx and S02 may also have adverse effects on requirements related to the attainment or 

maintenance ofother NAAQS or other applicable requirements ofthe federal Clean Air Act. 

EPA is providing this comment to ensure that Maryland adheres to the requirements of 

Section 110(1) ofthe Clean Air Act (CAA), which requires that this revision not interfere with 

any reasonable progress or other requirements ofthe CAA, including, but not limited to, any 

impacts on the Washington County PM2.s attainment plan. The submittal ofthis 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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CustomerService Hotline: 1-800-438-2474 
Shouldyouhave anyquestions pertaining to this comment, please do not hesitateto 

contactme, or have your staffpersoncontactMarilyn Powersof mystaff at (215) 814-2308. 

i>"7~~
 DianaEsher, ActingDirector 

Air ProtectionDivision 

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I (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.us> 

CC: <dfrank@mde.state.md.us> 

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 MANAGEMENT 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, 1st Floor Aeris Conference Room, Baltimore MD 21230. 

Hearing Officer: Deborah Rabin, Regulations Coordinator, Air and Radiation 

Management Administration, served as Hearing Officer. 

Attendance: No one attended the public hearing. 

Statement: The Department's statement was submitted 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 proposed action have been summarized and the 

Department's responses are given below. 

Comment: Maryland's attainment plans for achieving the fine particulate matter (PM2.5) 

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 PM2.5 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 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 PM2.5 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.