Implementation, Maintenance, and Enforcement 

of the 

PM2.5 National Ambient Air Quality Standard 

State Implementation Plan 

SIP Number: 

08-01 

February 15, 2008 

Prepared for: 

U.S. ENVIRONMENTAL PROTECTION AGENCY 

Prepared by: 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard 

Baltimore Maryland 21230 
2

This Page Left Intentionally Blank 
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TABLE OF CONTENTS 

1.0 INTRODUCTION .............................................................................................................. 4 

MARYLAND’S APPROACH ............................................................................................................ 4 

(A) Emission Limits and Other Control Measures............................................................ 5 

(B) Ambient Air Quality Monitoring/Data System........................................................... 5 

(C) Program for Enforcement of Control Measures under §110(a)(2)(A)........................ 7 

(D) Interstate Transport..................................................................................................... 8 

(E)(i) Adequate Resources (Legal & Personnel and Funding)........................................... 11 

 (ii) Boards....................................................................................................................... 12 

 (iii) Reliance on Local Units of Government ................................................................... 12 

(F) Stationary Source Monitoring System...................................................................... 13 

(G) Emergency Power: Comparable Authority to §303.................................................. 14 

(H) Future SIP Revisions................................................................................................. 15 

(I) Nonattainment Area Requirement ............................................................................ 15 

(J) Consultation with Government Officials.................................................................. 16 

 Public Notification of NAAQS Exceedances........................................................... 17 

 PSD and Visibility Protection................................................................................... 17 

(K) Air Quality Modeling................................................................................................ 18 

Air Quality Data........................................................................................................ 18 

(L) Permitting Fees......................................................................................................... 18 

(M) Consultation/Participation by Affected Local Entities............................................. 19 

2.0 CONCLUSION................................................................................................................. 20 

 
4

1.0 Introduction 

The purpose of this document is to examine Maryland’s State Implementation Plan (SIP) and 

determine if all necessary air quality monitoring, implementation, maintenance, and enforcement 

measures for the PM2.5 National Ambient Air Quality Standard (NAAQS) are in place. 

 §110(a)(2) of the Clean Air Act lists specific requirements of any plan. Should any portion of 

Maryland’s state implementation plan be found lacking, a prompt submittal to correct such 

deficiencies must be made. 

The ambient air quality monitoring/data system section of this document under §110(a)(2)(B) is 

intended to replace Maryland's air quality monitoring network SIP revision of 

December 20, 1979 approved by the Environmental Protection Agency (EPA) on 

August 31, 1981 (FR 46:43677). 

Maryland’s Approach

§110(a)(2) of the Clean Air Act provides a detailed listing of various requirements for 

Maryland’s state implementation plan regarding the national ambient air quality standards. 

Below, each subparagraph from (A) through (M) is broken down, with various provisions 

supporting the requirements. 
5

____________________________________________________________________________ 

§110(a)(2) of the Clean Air Act (Subparagraphs A – M) 

and Maryland Requirements 

_________________________________________________________________ 

CAA§110(a)(2) 

(A) Emission Limits and Other Control Measures: 

Include enforceable emission limitations and other control measures, means, or 

techniques (including economic incentives such as fees, marketable permits, and auctions 

of emissions rights), as well as schedules and timetables for compliance. 

Maryland Requirement: 

• The SO2, particulate matter, opacity and NOx control regulations found under 

COMAR 26.11 Air Quality. 

• COMAR 11.14.08 Vehicle Emissions Inspection Program 

• Mirant Consent Decree, which was entered by the United States District Court for 

the Eastern District of Virginia on April 20, 2007. 

• In addition, by April 4, 2008, Maryland will submit a PM2.5 State 

Implementation Plan that will include adopted regulations necessary to meet the 

NAAQS.

_________________________________________________________________ 

CAA§110(a)(2) 

(B) Ambient Air Quality Monitoring/Data System: 

Provide for establishment and operation of devices, methods, systems, and procedures to: 

(i) monitor, compile, and analyze data on ambient air quality, and (ii) make such data 

available to EPA.

Maryland Requirement: 

• Maryland's authority to monitor ambient air quality is found under §§2-103(b)(2) 

and 2-301 (a)(1), Environment Article, Annotated Code of Maryland; and 

COMAR 26.11.04.03 (specifying methods of measuring ambient air quality levels 

shall be those specified in 40 C.F.R. Parts 50, 53 and 58). 
6

• No specific statutory authority is necessary to authorize data analysis or the 

submission of such data to EPA. Federal grant requirements establish the 

obligation to provide data to EPA. 

• MDE establishes, operates, and maintains a network of ambient air monitors 

throughout Maryland. All ambient air monitors in the Maryland network that are 

used to determine compliance with the NAAQS have been designated by EPA as 

either Reference or Equivalent monitors. All ambient air monitors in the 

Maryland network are subjected to the Quality Assurance requirements of 40 

CFR Part 58, Appendix A. In addition, all samplers are located at sites that have 

met the minimum siting requirements of Part 58, Appendix E. 

• In order to keep EPA informed of changes to the sampling network, MDE 

provides EPA Region III with prior notification of any planned changes to the 

network. As needed, details of these changes and anticipated approvals of the 

changes are communicated to EPA. Pursuant to 40 C.F.R. Part 58, Subpart B, 

Section 58.10, MDE sends the EPA Regional Administrator an Annual 

Monitoring Network Plan for approval that details any modifications to the 

network. This plan also provides a description of each modification, the reason 

for each modification, and any other information relevant to the modifications. 

Section 58.10 also requires MDE (beginning July 1, 2010) to perform and submit 

to the EPA Regional Administrator an assessment of the Maryland ambient air 

monitoring network every five years to determine, at a minimum, if the network 

meets the monitoring objectives defined in 40 C.F.R., Part 58, Appendix D, 

whether new sites are needed, whether existing sites are no longer needed and can 

be terminated, and whether new technologies are appropriate for incorporation 

into the network. 

• Maryland has and will continue to submit data to EPA's Air Quality System 

(AQS). MDE collects and reports to EPA all ambient air quality data for SO2, 

CO, O3, NO2, PM10, and PM2.5. The reports comply with the federal 

requirements of 40 CFR 58.35. As necessary, the submitted data is reviewed, 

edited, validated, and entered into the EPA air quality system (AQS) for updating 

pursuant to prescribed AQS procedures. The EPA AQS receives each report 

within 90 days after the end of the quarterly reporting period. 

• MDE analyzes such air quality data to determine attainment status or progress.

 

 This ambient air quality monitoring/data system section is intended to 

replace Maryland's air quality monitoring network SIP revision of 

December 20, 1979 approved by the Environmental Protection Agency 

(EPA) on August 31, 1981 (FR 46:43677). 

_________________________________________________________________ 
7

_____________________________________________________________________________ 

CAA§110(a)(2) 

(C) Program for Enforcement of Control Measures under §110(a)(2)(A): 

Include a program to provide for enforcement of PM2.5 measures in (A), and regulation of 

the modification and construction of any stationary source within the areas covered by 

the plan as necessary to assure that the PM2.5 NAAQS is achieved, including a permit 

program as required in parts C and D.

 Maryland Requirement: 

• Enforcement and Penalties: §§2-601—614, Environment Article, Annotated Code 

of Maryland. 

Maryland is not precluded from regulating condensable PM2.5 and can regulate 

sources of PM2.5 with the existing COMAR 26.11.02. 

• Permit Program requirements under COMAR 26.11.02 and COMAR 26.11.03. 

Maryland is not precluded from regulating condensable PM2.5 and can regulate 

sources of PM2.5 with the existing COMAR 26.11.02 and COMAR 26.11.03. 

• PSD requirements under COMAR 26.11.06.14. 

Maryland is following EPA’s interim guidance calling for use of PM-10 as a 

surrogate for the EPA fine particle NAAQS related to the Prevention of 

Significant Deterioration (PSD), specifically, the April 5, 2005, Steven D. Page 

memorandum entitled “Implementation of New Source Review Requirements in 

PM-2.5 Nonattainment Areas,” and the October 23, 2997 John S. Seitz 

memorandum entitled “Interim Implementation of New Source Review 

Requirements for PM2.5,” referenced therein. 

• NSR requirements under COMAR 26.11.17. 

________________________________________________________________ 
8

_______________________________________________________________ 

CAA§110(a)(2) 

(D) Interstate Transport: 

(i) Contain adequate provisions prohibiting any source or other type of 

emissions activity from emitting any air pollutant in amounts which will: 

(I) contribute significantly to nonattainment in, or interfere with 

maintenance by, any other State with respect to any such national 

primary or secondary ambient air quality standard. 

(II) interfere with measures required to be included in the applicable 

implementation plan for any other State under part C to prevent 

significant deterioration of air quality or to protect visibility. 

Maryland Requirement: 

• Clean Air Interstate Rule (CAIR) under COMAR 26.11.28 submitted to EPA for 

approval as part of Maryland's SIP on October 24, 2007.

• COMAR 26.11.27 Emission Limitations for Power Plants which is more stringent 

than the federal CAIR and further reduces Maryland’s NOx and SO2 emissions 

below the federal requirements through requirements for on-site control. These 

regulations implement the requirements of the Healthy Air Act (Ch. 23, Acts of 

2006), and apply to 15 coal-fired electric generating units. The regulations were 

submitted to EPA for approval as part of Maryland's SIP on July 12, 2007.

• Permitting requirements under COMAR 26.11.02.

• Nonattainment New Source Review (NNSR) regulations under COMAR 

26.11.17 and PSD requirements under COMAR 26.11.06.14. Pursuant to the 

August 15, 2006 William T. Harnett Guidance Memorandum, “Guidance for State 

Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations 

Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM 2.5 NAAQS”, 

Maryland has fulfilled its 110(a)(2)(D)(i) requirements with respect to 

Nonattainment New Source Review and Prevention of Significant Deterioration 

(PSD) due to the following: 

1. All major stationary sources for 8-hour ozone and the EPA fine 

particle NAAQS are currently subject to PSD and NNSR 

permitting programs. Maryland has also met the June 15, 2007 

deadline for submitting SIPs to address the Phase II ozone 

implementation rule requirements. 
9

2. Major sources are subject to PSD and NNSR permitting programs 

implemented in accordance with EPA’s interim guidance calling 

for use of PM-10 as a surrogate for the EPA fine particle NAAQS 

related to the PSD and NNSR program requirements. 

• The State of Maryland confirms that it is meeting this 

requirement for the use of PM 10 as a surrogate for the EPA 

fine particle NAAQS in the PSD and NNSR programs. 

• The State of Maryland confirms that (1) the existing PSD 

regulation under COMAR 26.11.06.14 incorporates the 

federal program by reference and (2) an update to the 

current federal requirements is underway.

• The State of Maryland confirms that the existing NNSR 

program requirements under COMAR 26.11.17 were 

recently amended and submitted to EPA for approval as 

part of Maryland's SIP on October 24, 2007. 

• Maryland is required to develop and implement a Regional Haze State 

Implementation Plan to protect visibility. In addition, Maryland will be 

developing and implementing a PM2.5 SIP in 2008 that will assist with reducing 

visibility reducing pollutants. 
10

 

(D) (con'd) 

(ii) Insure compliance with the applicable requirements of §§ 1261

 and 1152

(interstate and international pollution abatement). 

Maryland Requirement: 

• Permitting regulations under COMAR 26.11.02. 

• PSD regulation under COMAR 26.11.06.14. 

• §2-301(a)(1) Environment Article, Annotated Code of Maryland (authority to 

control air pollution). 

• In addition, nothing in Maryland's statutory or regulatory authority prohibits or 

otherwise interferes with Maryland's ability to exercise sections 126 and 115 of 

the CAA. 

_________________________________________________________________ 

1

 §126 (a) Each plan shall (1) require each major proposed new or modified source (A) subject to Part C or (D) which may 

significantly contribute to pollution in excess of the NAAQS in any AQCR outside the State in which such source intends to 

locate or modify, to provide written notice to all nearby States the pollution levels of which may be affected by such source 60 

days prior to the date on which commencement of construction is to be permitted by the State, and (2) identify all major existing 

stationary sources which may have the impact described in (1) with respect to new or modified sources and provide notice to all

nearby States of the identity of such sources. (b) Any State may petition EPA for a finding that any major source or group of 

stationary sources emits or would emit any pollutant in violation of the prohibition of § 110(a)(2)(D)(ii) or this section. (c) 

Notwithstanding any permit which may have been granted by the State, it shall be a violation of this section and the plan - (1) for 

any major proposed new or modified source with respect to which a finding has been made under subsection (b) to be constructed 

or to operate in violation of this section and the prohibition of § 110(a)(2)(D)(ii) or this section, or (2) for any major existing 

source to operate more than 3 months after such finding has been made. EPA may permit the continued operation of a source 

beyond the expiration of the 3-month period if the source complies with the emission limitations and compliance schedules as 

may be provided by EPA to bring about compliance with the requirements of § 110(a)(2)(D)(ii). Nothing shall be construed to 

preclude any such source from being eligible for an enforcement order under § 113(d) after the expiration of such period during

which EPA has permitted continuous operation. 

2

 § 115 (a) Whenever EPA, upon receipt of reports, surveys or studies from any duly constituted international agency has reason 

to believe that any pollutants emitted in the US cause or contribute to pollution which may reasonably be anticipated to endanger 

public health or welfare in a foreign country or whenever the Secretary of State requests it to do so, EPA shall give formal 

notification to the Governor of the State in which such emissions originate. (b) The EPA notice shall be deemed to be a finding 

under § 110(a)(2)(H)(ii) which requires a plan revision with respect to so much of the applicable plan as is inadequate to prevent 

or eliminate the endangerment. Any foreign country so affected by such emission of pollutants shall be invited to appear at any 

public hearing associated with any revision of the appropriate portion of the applicable plan. (c) This section shall apply only to 

a foreign country which EPA determines has given the US the same rights with respect to the prevention or control of air 

pollution occurring in that country. (d) Recommendations issued following any abatement conference conducted prior to CAA 

1977 shall remain in effect with respect to any pollutant for which no NAAQS has been established under § 109 unless EPA, 

after consultation with all agencies, which were party to the conference, rescinds any such recommendation. 
11

CAA§110(a)(2) 

(E) Assurances re: 

(i) Adequate Resources (Legal & Personnel and Funding) 

(ii) Boards 

(iii) Reliance on Local Units of Government 

(E) (i) Adequate Resources (Legal & Personnel and Funding): 

Provide necessary assurances that the state will have adequate personnel, funding, and 

authority under state law to carry out such implementation plan (and is not prohibited by 

any provision of federal or state law from carrying out such implementation plan). 

Maryland Requirement: 

• This is accomplished through the §105 grant process and the Maryland Clean Air 

Fund (§2-107 Environment Article, Annotated Code of Maryland) composed of 

funds collected from application fees, permit fees, renewal fees, and civil or 

administrative penalties or fines. 

• The Clean Air Fund may be used for (1) identifying, monitoring, and regulating 

air pollution in the State, including program development of these activities as 

provided in the State budget; and (2) providing grants to local governments to 

supplement funding for programs conducted by local governments that are 

consistent with the Maryland program. 

• Other authorities to carry out the State Implementation Plan may be found under 

the following sections of the Environment Article, Annotated Code of Maryland: 

§§2-103(b)(2) Authority to monitor ambient air quality in the State. 

§2-105 (Air pollution emergency), Environment Article, Annotated Code 

of Maryland. 

(§§ 2-201-206 The Air Quality Control Advisory Council consultation 

process.

§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; 

§2-301(a)(2) authority to adopt regulations that establish standards and 

procedures to be followed whenever pollution of the air reaches an 

emergency condition.

§2-302 (b) Standards in air quality control areas. 

§2-302 (c) Ambient air quality standards. 
12

 

§2-302 (d) Emission standards for air quality control areas. 

§§2-601—614 Enforcement and penalties. 

(E) (ii) Boards: 

Requirements that the State comply with the requirements respecting State boards under 

§ 1283

. 

Maryland Requirement: 

• Maryland does not have any board or body, which approves air quality permits or 

enforcement orders. 

(E) (iii) Reliance on Local Units of Government: 

Necessary assurances that, where the State has relied on a local or regional government, 

agency, or instrumentality for the implementation of any plan provision, the State has 

responsibility for ensuring adequate implementation of such plan provision. 

Maryland Requirement: 

• Maryland does not rely on localities for specific SIP implementation. 

_____________________________________________________________ 

3

 § 128 (a) each plan shall contain requirements that - (1) any board or body which approves permits or enforcement orders shall

have at least a majority of members who represent the public interest and do not derive any significant portion of their income

from persons subject to permits or enforcement orders, and (2) any potential conflicts of interest by members of such board or 

body or the head of an executive agency with similar powers be disclosed. A State may adopt any requirements respecting 

conflicts of interest for such boards or bodies or heads of executive agencies, or any other entities which are more stringent than 

the requirements of (1) and (2). 
13

_____________________________________________________________________________ 

CAA§110(a)(2) 

 

(F) Stationary Source Monitoring System: 

Require sources to report and monitor; State use of reports and public availability 

Require, as may be prescribed by EPA: 

(i) installation, maintenance, and replacement of equipment, and 

implementation of other necessary steps, by owners or operators of 

stationary sources to monitor emissions. 

Maryland Requirement: 

• §2-103(b)(2) Environment Article, Annotated Code of Maryland. 

• §2-301(a)(1) Environment Article, Annotated Code of Maryland. 

• Specific monitoring requirements are found throughout COMAR 26.11 (i.e. 

COMAR 26.11.01.10 & COMAR 26.11.01.11). 

(ii) Periodic reports on the nature and amounts of emissions and 

emissions-related data. 

Maryland Requirement: 

• COMAR 26.11.01.04 Testing & Monitoring. 

• COMAR 26.11.01.05 Records and Information. 

• COMAR 26.11.01.05-1 Emission Statements. 

• COMAR 26.11.01.07 Malfunctions & Other Temporary Increases in Emissions. 

• COMAR 26.11.01.10 & .11 CEM Requirements. 

• Also, specific monitoring requirements for specific types of sources under other 

chapters. 
14

 

(iii) Correlation of such reports by the State agency with any emission limitations 

or standards established pursuant to CAA, which reports shall be available 

at reasonable times for public inspection. 

Maryland Requirement: 

• §2-302 (b) and (c), Environment Article, Annotated Code of Maryland and 

specific monitoring requirements are found throughout COMAR 26.11 (i.e. 

COMAR 26.11.01.10 & COMAR 26.11.01.11). 

_________________________________________________________________ 

CAA§110(a)(2) 

 

(G) Emergency Power: Comparable Authority to §303:

 

Provide for authority comparable to that in § 3034

 (concerning emergency powers) and 

adequate contingency plans to implement such authority. 

Maryland Requirement: 

• §2-105 (Air pollution emergency), Environment Article, Annotated Code of 

Maryland.

• §2-301(a)(2), Environment Article authority to adopt regulations that establish 

standards and procedures to be followed whenever pollution of the air reaches an 

emergency condition.

• COMAR 26.11.05, Air Pollution Episode System, currently in the Maryland SIP, 

codified at 40 CFR 52.1070(c).

• §2-604 (Administrative corrective order authority) and § 2-609 (a) (Civil 

injunctive authority) Environment Article, Annotated Code of Maryland used to 

address accidental or other releases that are not authorized by statute, regulation 

or permit or occur in conjunction with violations of existing regulatory 

requirements. 

4

 § 303. Notwithstanding any other CAA provisions, EPA upon receipt of evidence that a pollution source or combination of 

sources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, or the 

environment, may bring suit on behalf of the US in district court to immediately restrain any person causing or contributing to the 

alleged pollution to stop the emission of pollutants causing or contributing to such pollution or to take such other action as may 

be necessary. If it is not practicable to assure prompt protection of public health or welfare or the environment by 

commencement of such a civil action, EPA may issue such orders as may be necessary to protect public health or welfare or the 

environment. Prior to taking any action, EPA shall consult with appropriate State and local authorities and attempt to confirm the 

accuracy of the information on which the proposed action is based. Any order issued by EPA shall be effective upon issuance 

and shall remain in effect for a period of not more than 60 days, unless EPA brings an action pursuant to the first sentence of this 

section before the expiration of that period. Whenever EPA brings such an action within the 60-day period, such order shall 

remain in effect for an additional 14 days or longer as authorized by the court. 
15

__________________________________________________________________________ 

CAA§110(a)(2) 

(H) Future SIP Revisions: Provide for revision of such plan: 

 from time to time as necessary to take account of revisions of such national 

primary or secondary ambient air quality standard or the availability of 

improved or more expeditious methods of attaining such standard. 

 Maryland Requirement: 

• §2-301(a)(1) Environment Article, Annotated Code of Maryland. 

(ii) except as provided in (3)(C), whenever EPA finds on the basis of information 

available to EPA that the plan is substantially inadequate to attain the 

NAAQS which it implements or to otherwise comply with any additional 

CAA requirements. 

Maryland Requirement: 

• §2-301(a)(1) Environment Article, Annotated Code of Maryland. 

• Maryland's SIP is essentially a compilation of regulations. The authority to 

develop or revise a SIP is based on the authority to adopt new regulations and 

revise existing regulations to meet the NAAQS. 

_________________________________________________________________ 

CAA§110(a)(2) 

(I) Nonattainment Area Requirement: 

In the case of a plan or plan revision for an area designated as a nonattainment area, meet 

the applicable requirements of part D (relating to nonattainment areas). 

Maryland Requirement: 

• §2-301(a)(1) and §2-302(d) Environment Article, Annotated Code of Maryland. 

• COMAR 26.11.17 Requirements for Major New Sources and Modifications. 

________________________________________________________________ 
16

 

____________________________________________________________________________ 

CAA§110(a)(2) 

(J) Consultation with Government Officials: 

Meet applicable requirements of § 1215

 (consultation). 

Maryland Requirement: 

• Metropolitan Washington Air Quality Committee (MWAQC) was certified in 

1991 by chief executives of Maryland, Virginia and the District of Columbia as 

the entity responsible for carrying out the regional planning requirements of the 

Clean Air Act Amendments of 1990 (membership includes local elected 

officials). 

• Interstate Air Quality Council (IAQC) Memorandum of Understanding signed 

3/24/05 by the Governors of Maryland, Virginia and the District of Columbia. 

• COMAR 26.11.26 provides a legal platform for the various consultation 

procedures that have been developed between the Maryland Department of the 

Environment (MDE), Maryland Department of Transportation (MDOT), and 

Metropolitan Planning Organizations (MPOs). The MPOs provide the forum for 

consultation with local governments. Maryland's MPOs are: (1) the Baltimore 

Regional Transportation Board (BRTB), (2) the National Capital Transportation 

Planning Board (TPB) for the Washington region, (3) the Wilmington Area 

Planning Council (WILMAPCO) for New Castle County, Delaware and Cecil 

County, Maryland, and (4) the Hagerstown/Eastern Panhandle (HEP) for the 

Hagerstown area, which includes Washington County, Maryland and the counties 

of Berkeley and Jefferson in West Virginia. 

• The Air Quality Control Advisory Council consultation process (§§ 2-201-206 

Environment Article, Annotated Code of Maryland). 

• COMAR 26.11.17 nonattainment New Source Review requirements; PSD permit 

requirements under COMAR 26.11.06.14.

5

 § 121. In carrying out requirements for plans to contain - (1) any transportation controls, air quality maintenance plan 

requirements or preconstruction review of direct sources of pollution, or (2) any measure referred to - (A) in part D), or (B) in 

part C, and in carrying out the requirements of § 113(d), the State shall provide a satisfactory process of consultation with general 

purpose local governments, designated organizations of elected officials of local governments and any FLM having authority 

over Federal land to which the State plan applies. Such process shall be in accordance with regulations promulgated by EPA. 

Only a general purpose unit of local government, regional agency, or council of governments adversely affected by action of 

EPA approving any portion of a plan may petition for judicial review. 
17

 

CAA§110(a)(2) 

(J) Public Notification of NAAQS Exceedances:

Meet applicable requirements of § 1276

 (public notification). 

Maryland Requirement: 

• All relevant SIPs and plans to achieve the NAAQS contain public notification 

provisions related to air monitoring levels such as Ozone Action Days, Air 

Quality Action Days, Clean Air Partners, Airwatch.net, and MDE's website. 

• MDE provides extended range air quality forecasts, which give the public 

advanced notice of air quality events. This advance notice allows the public to 

limit their exposure to unhealthy air and enact a plan to reduce pollution at home 

and at work. 

• MDE forecasts daily ozone and PM2.5 levels and issues e-mails to the public, 

businesses and the media via AirAlerts. AirAlert e-mail forecasts and 

notifications are free to the public and users can sign-up at 

www.cleanairpartners.net. The forecast is also available on the air quality hotline 

at (410) 537-3247. Visitors to the Clean Air Partners web site can also monitor 

current air quality conditions throughout the region and can customize their 

AirAlert profile to meet their air quality information needs. 

• In addition, air quality calendars display past air quality information and dynamic 

graphs provide summaries of unhealthy air quality experienced throughout the 

region. This feature of the web site allows the public to monitor long term air 

quality and see how one year compares to previous years. 

(J) PSD and Visibility Protection:

Meet applicable requirements of Part C (PSD and visibility protection). 

Maryland Requirement: 

• Maryland incorporated PSD requirements by reference (COMAR 26.11.06.14). 

Maryland is following EPA’s interim guidance calling for use of PM-10 as a 

surrogate for the EPA fine particle NAAQS related to the Prevention of 

Significant Deterioration (PSD), specifically, the April 5, 2005, Steven D. Page 

memorandum entitled “Implementation of New Source Review Requirements in 

PM-2.5 Nonattainment Areas,” and the October 23, 2997 John S. Seitz 

memorandum entitled “Interim Implementation of New Source Review 

Requirements for PM2.5,” referenced therein. 

6

 § 127. (a) Each plan shall contain measures to regularly notify the public of when any NAAQS is exceeded or was exceeded 

during the preceding year, to advise the public of health hazards associated with such pollution, and to enhance awareness of 

measures which can be taken to prevent the standards from being exceeded and ways in which the public can participate in 

regulatory and other efforts to improve air quality. 
18

___________________________________________________________________________ 

CAA§110(a)(2) 

(K) Air Quality Modeling:

 

(i) Provide for performance of air quality modeling as EPA may prescribe for the 

purpose of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which EPA has established a NAAQS. 

Maryland Requirement: 

• §2-302 Environment Article, Annotated Code of Maryland. 

• Inherent in the obligation to meet the NAAQS is the authority for the Department 

to perform modeling as required under the CAA to demonstrate attainment. 

(K) Air Quality Data: 

(ii) Provide for the submission, upon request, of data related to such air quality 

modeling to EPA. 

Maryland Requirement: 

• Maryland will continue to submit Air quality modeling data as part of Maryland's 

relevant SIP submissions in accordance with the Clean Air Act and through 

federal grant commitments. 

________________________________________________________________ 

CAA§110(a)(2) 

(L) Permitting Fees:

Require owner of a major stationary source to pay, as a condition of any permit required 

under CAA, a fee sufficient to cover: (i) reasonable cost of reviewing and acting upon 

any permit application, and (ii) if the owner receives a permit, the reasonable costs of 

implementing and enforcing the terms and conditions of the permit (not including court 

costs or costs associated with enforcement), until fee requirement is superseded by EPA 

approval of a Title V fee program. 

Maryland Requirement: 

• COMAR 26.11.02.16—19. 

_________________________________________________________________ 
19

__________________________________________________________________ 

CAA§110(a)(2) 

(M) Consultation/Participation by Affected Local Entities: 

Provide for consultation and participation by local political subdivisions affected by the 

plan. 

Maryland Requirement: 

 

• Broad authority under §2-301(a)(1) Environment Article, Annotated Code of 

Maryland. 

• COMAR 26.11.26 for conformity purposes. 

• the Metropolitan Washington Air Quality Committee (MWAQC) was certified in 

1991 by chief executives of Maryland, Virginia and the District of Columbia as 

the entity responsible for carrying out the regional planning requirements of the 

Clean Air Act Amendments of 1990 (membership includes local elected 

officials). 

• The Metropolitan Planning Organizations (MPOs) provide the forum for 

consultation with local governments. Maryland's MPOs are: 

(1) the Baltimore Regional Transportation Board (BRTB) and the Interagency 

Consultation Group (ICG); 

(2) the National Capital Transportation Planning Board (TPB) for the Washington 

region; 

(3) the Wilmington Area Planning Council (WILMAPCO) for New Castle 

County, Delaware and Cecil County, Maryland; and 

(4) the Hagerstown/Eastern Panhandle (HEP) for the Hagerstown area, which 

includes Washington County, Maryland and the counties of Berkeley and 

Jefferson in West Virginia. 

• the Interstate Air Quality Committee (IAQC) Memorandum of Understanding 

signed 3/24/05 by the Governors of Maryland, Virginia and the District of 

Columbia. 
20

2.0 Conclusion 

Based on the information provided above, Maryland fully complies with the requirements of 

§110(a)(2)(A)  (M). Therefore, Maryland concludes that no further implementation plans are 

needed.