MCGS or Latitude/

Longitude Limits

(c) Georges Creek 39.645609/

-78.915845

to

39.483475/

-79.046383

Mainstem only

S. — U. (text unchanged)

SHARI T. WILSON

Secretary of the Environment

Subtitle 11 AIR QUALITY

Notice of Proposed Action

[09-136-P]

The Secretary of the Environment proposes to amend:

(1) Regulation .01 under COMAR 26.11.01 General

Administrative Provisions; and

(2) Regulation .14 under COMAR 26.11.06 General

Emission Standards, Prohibitions, and Restrictions.

Statement of Purpose

The purpose of this action is to:

(1) Update the adoption of the U.S. Environmental

Protection Agency (EPA) Prevention of Significant Deterioration (PSD) federal requirements found under 40 CFR

§52.21 to include the changes in the July 1, 2008 edition of

the Code of Federal Regulations (CFR); and

(2) Clarify the meaning of the terms ‘‘Administrator’’

and ‘‘Reviewing Authority’’ as used in 40 CFR §§52.21 and

52.1116.

These amendments will be submitted to EPA for approval

as part of Maryland’s State Implementation Plan.

Background.

The PSD program is a federal program that applies in areas that are in ‘‘attainment’’ or ‘‘unclassifiable’’ for the national ambient air quality standards (NAAQS). Note that

there are no ‘‘unclassifiable’’ areas in Maryland. The program allows for growth in these areas by limiting emissions

of air pollutants to prevent significant deterioration of air

quality. The PSD regulations require new sources and

sources that modify their facilities and increase emissions

to implement the best available control technology (BACT).

The PSD regulations have been incorporated by reference

in Maryland’s regulations since 1981. The Department updates COMAR’s reference to the PSD regulations each year

or when the federal regulations undergo significant amendments. The EPA has amended the federal regulations since

the last update to the 2007 edition of the CFR. Therefore, it

is necessary to update COMAR’s references to include the

amendments reflected in the July 2008 CFR.

Sources Affected.

Major sources in ‘‘attainment’’ areas of the State that emit

any pollutant subject to regulation under the Clean Air Act

(NOx, SOx, particulate matter, etc.) are affected. A new major source is subject to PSD requirements if it is within a

listed source category with projected emissions of at least

100 tons per year (listed under COMAR

26.11.01.01B(37)(a); or a nonlisted source with emissions of

at least 250 tons per year of any regulated criteria pollutant

. Additionally, lower emission thresholds apply to existing

major sources undergoing a major modification.

EPA Designation of Maryland Counties for the 8-hour

Ozone Standard.

All counties in Maryland are designated as ‘‘attainment’’

counties for the 8-hour ozone standard except the following:

(1) Baltimore Area: Anne Arundel, Baltimore, Carroll,

Harford, Howard, Baltimore City;

(2) Washington D.C. area: Calvert, Charles, Frederick,

Montgomery, Prince George’s;

(3) Cecil County; and

(4) Kent and Queen Anne’s (In Maintenance).

EPA Designation of Maryland Counties for the Annual

PM2.5 Standard.

All counties in Maryland are designated as ‘‘attainment’’

counties for the annual PM2.5 standard except the following:

(1) Baltimore Area: Anne Arundel, Baltimore, Carroll,

Harford, Howard, Baltimore City;

(2) Washington D.C. area: Charles, Frederick, Montgomery, Prince George’s; and

(3) Washington County.

Requirements.

The PSD regulation requires an affected source to install

BACT and demonstrate that emissions will not exceed an

allowable incremental growth or contribute to a violation of

the NAAQS. Generally, an EPA-approved air dispersion

model is used to demonstrate that the proposed emission increase will not cause or contribute to a violation of the

NAAQS or exceed the available PSD increment for specified

pollutants.

Changes made to the PSD requirements (from July 1,

2007 — June 30, 2008 editions of the CFR).

Since the July 1, 2007 edition of the CFR, the EPA made

the following changes to the PSD program, which were incorporated into the July 1, 2008 edition of the CFR:

The EPA amended the definition of ‘‘major stationary

source’’ in 40 CFR §52.21 (effective July 2, 2007) to exclude

ethanol production facilities from the requirement to include fugitive emissions in determining whether chemical

process plants are major stationary sources. See 72 FR

24066 (May 1, 2007).

The EPA amended 40 CFR §52.21(r)(6) (effective January

2, 2008) to clarify the record-keeping requirements for a

modification where there is a ‘‘reasonable possibility’’ that

the change would result in a significant increase of any

regulated New Source Review (NSR) pollutant. See 72 FR

72607 (December 21, 2007).

Expected Emissions Reductions.

The proposed action will not reduce emissions from existing sources.

674 PROPOSED ACTION ON REGULATIONS

MARYLAND REGISTER, VOL. 36, ISSUE 9 FRIDAY, APRIL 24, 2009
Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive

or stringent.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact

on small businesses.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with

disabilities as follows:

This action will have a positive impact on individuals

with disabilities with respiratory problems by reducing air

pollutants that contribute to disease.

Opportunity for Public Comment

The Department of the Environment will hold a public

hearing on the proposed action on May 28, 2009 at 10 a.m.

at the Department of the Environment, 1800 Washington

Boulevard, 1st Floor Aeris Conference Room, Baltimore,

Maryland 21230-1720. Interested persons are invited to attend and express their views. Comments may be sent to

Deborah Rabin, Regulations Coordinator, Air and Radiation

Management Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore,

Maryland 21230-1720, or emailed to drabin@mde.state.

md.us. Comments must be received not later than May 28,

2009, or be submitted at the hearing. For more information,

call Deborah Rabin at (410) 537-3240.

Copies of the proposed action and supporting documents

are available for review at the following locations: The Air

and Radiation Management Administration; regional offices

of the Department in Cumberland and Salisbury; all local

air quality control offices; and local health departments in

those counties not having separate air quality control offices.

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.

26.11.01 General Administrative Provisions

Authority: Environment Article, §§1-101, 1-404, 2-101 — 2-103,

2-301 — 2-303, 10-102, and 10-103,

Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (36) (text unchanged)

(37) ‘‘Prevention of Significant Deterioration (PSD)

source’’ means any new or modified source subject to the

provisions of 40 CFR §52.21, as published in the [2007]

2008 edition, including:

(a) — (b) (text unchanged)

(38) — (53) (text unchanged)

C. — D. (text unchanged)

26.11.06 General Emission Standards, Prohibitions, and Restrictions

Authority: Environment Article, §§1-101, 1-404, 2-101 — 2-103,

2-301 — 2-303, 10-102, and 10-103,

Annotated Code of Maryland

.14 Control of PSD Sources.

A. Definition.

(1) In the following provisions, ‘‘Administrator’’ has the

meaning set forth in §A(2) of this regulation:

(a) 40 CFR §52.21(b)(3)(iii)(a), (17), (37)(i) and (iii),

(43), (48)(ii), (50)(i), (51);

(b) 40 CFR §52.21(g)(1),(2),(4),(5),and (6);

(c) 40 CFR §52.21(i)(1)(x);

(d) 40 CFR §52.21(l)(2);

(e) 40 CFR §52.21(o)(3);

(f) 40 CFR §52.21(p)(1) and (2);

(g) 40 CFR §52.21(s);

(h) 40 CFR §52.21(t); and

(i) 40 CFR §52.21(u)(1)(3) and (4).

(2) Term Defined. ‘‘Administrator’’ means the Administrator of the United States Environmental Protection

Agency.

B. General Requirements.

(1) A person may not construct, modify, or operate, or

cause to be constructed, modified, or operated, a Prevention

of Significant Deterioration (PSD) source, as defined in COMAR 26.11.01.01B(37), which will result in violation of any

provision of 40 CFR §52.21, as published in the [2007] 2008

edition.

(2) [, except that the] The reviewing authority is the

Department instead of the Administrator unless otherwise

specified in 40 CFR §52.1116, and the applicable procedures

are those set forth in COMAR 26.11.02.

SHARI T. WILSON

Secretary of the Environment

Subtitle 11 AIR QUALITY

26.11.10 Control of Iron and Steel Production

Installations

Authority: Environment Article, §§1-101, 1-404, 2-101 — 2-103,

2-301 — 2-303, 10-102, and 10-103,

Annotated Code of Maryland

Notice of Proposed Action

[09-139-P]

The Secretary of the Environment proposes to amend

Regulation .03 under COMAR 26.11.10 Control of Iron

and Steel Production Installations.

Statement of Purpose

The purpose of this action is to amend the current requirements in COMAR 26.11.10.03 for sintering plants located at a steel mill and equipped with water scrubbers for

control of particulate matter. The proposed action will include specific minimum values for the water flow rate and

scrubber pressure drop for the existing scrubbers to assure

that continuous compliance with particulate matter requirements is achieved.

These amendments will be submitted to the United

States Environmental Protection Agency (EPA) for approval

as part of Maryland’s State Implementation Plan.

PROPOSED ACTION ON REGULATIONS 675

MARYLAND REGISTER, VOL. 36, ISSUE 9 FRIDAY, APRIL 24, 2009