The Honorable Martin J. O’MalleyGovernor of MarylandState House, 100 State Circle

Annapolis, Maryland 21401-1925Dear Governor O’Malley:

Thank you for your March 10, 2009 recommendations on air quality designations for the

revised 2008 National Ambient Air Quality Standards (NAAQS) for ozone throughoutMaryland. I appreciate the information Maryland shared with the U.S. Environmental Protection

Agency (EPA) as we move forward to improve ozone air quality. This letter is to notify you ofEPA’s preliminary response to Maryland’s recommendations and to inform you of our approach

for completing the designations for the revised ozone standards.

On March 12, 2008, EPA revised its NAAQS for ground-level ozone to provide

increased protection of public health and the environment. EPA lowered the primary 8-hour

ozone standard from 0.08 parts permillion (ppm) to 0.075 ppm to protect against health effectsassociated with ozone exposure, including a range ofserious respiratory illnesses and increased

premature death from heart or lung disease. EPA revised the secondary 8-hour ozone standard,making it identical to the primary standard, to protect against welfare effects, including impacts

on sensitive vegetation and forested ecosystems.

History shows us that better health and cleaner air go hand-in-hand with economic

growth. Working closely with the states and tribes, EPA is implementing the standards using acommon sense approach that improves air quality and minimizes the burden on state and local

governments. As part ofthis routine process, EPA is working with the states to identify areas inthe country that meet the standards and those that need to take steps to reduce ozone pollution.

Within one year after a new or revised air quality standard is established, the Clean Air Act

(CAA) requires the Governor of each state to submit to EPA a list of all areas in the state, with

recommendations for whether each area meets the standard. As a first step in implementing the2008 ozone standards, EPA asked states to submit their designation recommendations, including

appropriate area boundaries by March 12, 2009. In September 2009, EPA announced it wasreconsidering the 2008 ozone standards. EPA later took steps to delay the designation processfor the 2008 ozone standards pending outcome ofthe reconsideration. However, in September2011, the Office of Management and Budget returned to EPA the draft final rule addressing the
quality data from 

008

0

0. While 

d

d not request that states submit updated designation

recommendations, EPA provided the opportunity for states to do so.

As required by the CAA, EPA will designate an area as nonattainment if it is violating

the 2008 ozone standards or contributing to a violation ofthe standards in a nearby area.

Consistent with designations for previous ozone standards, EPA intends to designate an area as

unclassifiable/attainment ifthere are certified, quality-assured air quality monitoring data

showing the area is meeting the ozone standards or ifthere are no monitoring data for the area,

and EPA has not made a determination that the area is contributing to a violation in a nearbyarea.

After considering Maryland’s March 10, 2009 ozone designation recommendations and

other relevant technical information, including 2008-20 10 air quality data, EPA intends tosupport Maryland’s recommended area designations and boundaries for the Baltimore and

Washington-DC-MD-VA areas. EPA intends to modify Maryland’s recommended area

designations for the Hagerstown and Upper Eastern Shore areas. Considering 2008-20 10 airquality data, EPA intends to designate these areas as unclassifiable/attainment. In addition, EPA

has reviewed Maryland’s recommendation for a large multi-state nonattainment area and hasconcluded that this is not in keeping with a plain reading ofthe CAA section 107(d) related to

the contribution in a “nearby” area. The CAA has other provisions to address regional transport.The enclosed Technical Support Document provides a detailed analysis to support ourpreliminary decisions. EPA intends to designate all other areas ofthe state as unclassifiable!

attainment.

EPA will continue to work with state officials regarding the appropriate boundaries for

the areas in Maryland. If Maryland has additional information that you would like EPA toconsider, please submit it to us by February 29, 2012. EPA will also make its preliminarydesignation decisions and supporting documentation available to the general public for reviewand comment. We will be announcing a 30-day public comment period shortly in the Federal

Register. After considering additional information we receive, EPA plans to promulgate finalozone designations in spring of 2012.

EPA is committed to working with the states and tribes to share the responsibility of

reducing ozone air pollution. Current and upcoming federal standards and safeguards, includingpollution reduction rules for power plants, vehicles and fuels, will assure steady progress to

reduce ozone-forming pollution and will protect public health in communities across the country.
awn M. Garvin

Regional Administrator

Enclosure

cc: The Honorable Robert M. Summers, Secretary

Maryland Department ofthe Environment