MDE 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore MD 21230 

410-537-3000 • 1-800-633-6101• www.mde.state.md.us 

Martin 0' Malley 

Governor 

Robert M. Summers, Ph.D. 

Anthony G. Brown 

Lieutenant Governor 

DEC 2 12012· 

The· Honorable Shawn M. Garvin 

Regional Administrator (3RAOO) 

U.S. Environmental Protection Agency 

Region III 

1650 Arch Street 

Philadelphia P A 19103-2023 

Dear Mr. Garvin: 

Secretary 

·' ;. 

Pursuant to the requirements of§ 110 of the Clean Air Act (Act), we are officially requesting approval 

of a revision to the State of Maryland's State Implementation Plan (SIP). This SIP revision provides a 

detailed listing of the requirements of§ 110(a)(2) of the Act and confirms that all implementation, 

maintenance, and enforcement measures are in place in Maryland for the 2008 Ozone National 

Ambient Air Quality Standard (NAAQS). 

A public hearing for this SIP revision was held in Baltimore, Maryland on December 21, 2012. All 

required administrative procedures were properly followed throughout the hearing process. 

The electronic copy (CD) includes an exact duplicate of the hard copy submittal. 

If you should have any questions concerning this letter, please do not hesitate to contact me at ( 41 0) 

537-3086 or George (Tad) Abum, Director of the Air and Radiation Management Administration at 

(410) 537-3255, or Ms. Diane Franks, Program Manager, Air Quality Planning Program at (410) 537-

3250 or by email at dfranks@mde.state.md.us. 

Sincerely, 

Robert M. Summers, Ph.D. 

Secretary 

Enclosures 

cc: Diana Esher, Director, Air Protection Division, USEPA Region III 

George (Tad) S. Aburn, Jr., Director, Air and Radiation Management Administration 

Diane Franks, Manager, Air Quality Planning Program 

~ Recycled Paper www. mde.state.md.us TTY Users 1-800-735-2258 

Via Maryland Relay Service 
MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore MD 21230 

410-537-3000 • 1-800-633-6101 

 

Implementation, Maintenance, and Enforcement 

of the 0.075 ppm 8-hour Ozone 

National Ambient Air Quality Standard 

State Implementation Plan

SIP Number 12-12

December 21, 2012 

Prepared for: 

U.S. Environmental Protection Agency 

Prepared by: 

Maryland Department of the Environment 
2

This Page Left Intentionally Blank 
3

TABLE OF CONTENTS 

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

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

§110(a)(2)(A) .......................................................................................................................... 4

§110(a)(2)(B) .......................................................................................................................... 4

§110(a)(2)(C).......................................................................................................................... 5

§110(a)(2)(D).......................................................................................................................... 6

§110(a)(2)(E) ........................................................................................................................ 14

§110(a)(2)(F) ........................................................................................................................ 15

§110(a)(2)(G)........................................................................................................................ 16

§110(a)(2)(H)........................................................................................................................ 17

§110(a)(2)(I) ......................................................................................................................... 17

§110(a)(2)(J)......................................................................................................................... 18

§110(a)(2)(K)........................................................................................................................ 19

§110(a)(2)(L) ........................................................................................................................ 20

§110(a)(2)(M) ....................................................................................................................... 20

2.0 CONCLUSION ................................................................................................................ 22

APPENDIX A: MARYLAND NOX RACT REGULATIONS UNDER THE 8-HOUR OZONE NAAQS ... 23 

APPENDIX B: MARYLAND VOC RACT REGULATIONS UNDER THE 8-HOUR OZONE NAAQS... 24 

 
4

1.0 Introduction 

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

determine if all necessary implementation, maintenance, and enforcement measures for the 8-

hour ozone 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. 

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. 

____________________________________________________________________________ 

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

EPA and Maryland Requirements 

_________________________________________________________________ 

§110(a)(2)(A)

 EPA Requirement: 

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: 

• COMAR 26.11 Air Quality. 

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

the Eastern District of Virginia on April 20, 2007. 

• In addition, in June of 2007 Maryland submitted an 8-Hour Ozone State 

Implementation Plans that include adopted regulations necessary to meet the 

NAAQS.

_________________________________________________________________ 

§110(a)(2)(B)

 EPA Requirement: 
5

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). 

• 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. 

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

(AQS).

_________________________________________________________________ 

§110(a)(2)(C)

 EPA Requirement: 

Include a program to provide for enforcement of 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 NAAQS are 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. 

• Permit Program requirements under COMAR 26.11.02 & COMAR 26.11.03. 

• PSD requirements under COMAR 26.11.06.14. Maryland’s PSD regulations 

were last updated on July 16, 2009 and the updates are listed under COMAR 26.11.06.14. 

• NSR requirements under COMAR 26.11.17. Maryland’s NSR regulations have 

been revised; the latest revision was October 22, 2007. 

________________________________________________________________ 
6

§110(a)(2)(D)

 EPA Requirement: 

(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. 

Maryland Requirement: 

Maryland fulfills this requirement with permitting and registration 

requirements found in COMAR 26.11.02 and Nonattainment New Source Review 

regulations found in COMAR 26.11.17 as stated above. 

Maryland understands that EPA is developing guidance on section 

110(a)(2)(D)–the transport portion of infrastructure SIPs- but this guidance has not 

been released yet. The CAA requires each state to address section 110 after a 

NAAQS has been promulgated. This SIP submittal represents a demonstration from 

Maryland that is consistent with what we believe the new guidance should require 

and what other states should submit to satisfy their responsibilities under the CAA. 

Maryland supports the EPA-assigned CSAPR state emissions budgets as well as 

additional NOx and VOC reduction measures. 

Maryland’s Influence on Downwind States 

EPA’s Cross-State Air Pollution Rule (CSAPR) requires twenty-five states to 

reduce NOx emissions to help downwind areas attain the 1997 8-hour Ozone NAAQS 

of 0.08 ppm. The rule addresses all upwind states' transport obligations under the 

1997 ozone NAAQS. The rule determines the NOx levels from Maryland’s power 

plants that address transport for the 0.08 ppm standard. Further reductions are 

necessary to meet the 0.075 ppm standard. 

EPA CSAPR Modeling Results 

When developing the CSAPR, EPA used the Comprehensive Air Quality 

Model with Extensions (CAMx) to quantify the contribution of emissions from 

“upwind” states to 8-hour ozone (0.08 ppm) nonattainment in “downwind” states. 

EPA’s CAMx modeling included state-specific source apportionment runs to quantify 

each state’s downwind contributions to another states monitor, in projected 2012. 

This 2012 “base case” run accounted for emission reductions from adopted national, 

regional and state control programs, but not projected reductions due to the proposed 

CSAPR program or the CSAPR predecessor – Clean Air Interstate Rule (CAIR). 
7

According to CSAPR modeling, the State of Maryland is a significant 

contributor under the 1% of transported emissions CSAPR criteria, to many states 

including Pennsylvania, Connecticut, New Jersey, and New York. 

CSAPR REMEDY 

The CSAPR addresses a state’s transport issue by establishing emission 

budgets for a states electric generating units over 25MW. The NOx budgets are 

based on a $500 per ton cost threshold. CSAPR addresses the 1997 8-hour Ozone 

NAAQS of 0.08 ppm. Additional emission reductions are needed for the 2008 8-hour 

Ozone NAAQS of 0.075 ppm, which this SIP addresses. 

Maryland Remedy 

Maryland meets and exceeds the good neighbor obligations through state 

regulations and does not rely solely on federal programs to fulfill the requirements of 

§ 110(a)(2)(D)(i)(I). Due to the presence of nonattainment areas, Maryland has 

implemented numerous planning requirements designed to achieve compliance with 

the NAAQS. Maryland has previously complied with the requirements of § 110 in its 

infrastructure SIPs, which have been approved by EPA. In doing so, Maryland, as a 

state, has implemented one of the country’s most stringent set of emission controls in 

the country, aggressively regulating power plants, factories, and motor vehicles. By 

implementing these controls state-wide, including in attainment areas, Maryland has 

helped reduce its ozone precursor emissions by about 40 percent since 1990, while 

the National average during the same time period has been about 20 percent. Some of 

the State-sponsored regulations that help Maryland comply with § 110(a)(2)(D)(i)(I) 

are discussed below. 

Maryland has enacted the Healthy Air Act,1

 a pollution control program which 

requires substantial emissions reductions at the State’s coal burning electric 

generating power plants (i.e. EGUs). The Healthy Air Act (HAA) requires emission 

reductions from power plants which, when compared to a 2002 emissions baseline, 

would reduce total NOx emissions by 70% in 2009 and 75% in 2012. In fact 

Maryland has met the goal with 70% NOx reductions in 2009, 2010 and 2011, which 

reduced NOx emissions in Maryland by approximately 50,000 tons per year. 

Maryland is on target to meet the 2012 reductions and will reduce NOx emissions by 

approximately 75% from 2002 levels. 

The HAA helps to address Maryland’s emissions contribution to many 

downwind areas like PA, DE, CT and NJ. The HAA caps were based on Best 

Available Control Technology (BACT) rates for the affected EGU units in the state. 

The HAA is included in the CSAPR 2012 Base Case Emission Levels. Maryland's 

HAA state cap budget also compares with and supports the CSAPR budgets for NOx 

emissions. 

 

1

 Md. Code Ann., Envir. §§ 2-1001-1002; Maryland Code of Regulations (COMAR) 26.11.27). 
8

Using IPM, EPA modeled the emissions that would occur within each state at 

ascending cost thresholds of emissions control. EPA designed a series of IPM runs that 

imposed increasing cost thresholds for SO2, annual NOx, and ozone-season NOx

emissions and tabulated those projected emissions for each state at each cost level. EPA 

refers to these tabulations as “cost curves. The cost curves report the remaining emissions 

at each cost threshold after the state has made emission reductions that are available up to 

the particular cost threshold analyzed. For NOx ozone season, EPA determined that 

$500/ton was the appropriate cost threshold for ozone-season NOx control at all covered 

states in the CSAPR rulemaking. The results for this modeling are presented in Table B1 below. 

 

Table B-1. 2012 & 2014 Ozone Season NOx EGU Emissions for Each State at Various Pollution 

Control Cost Thresholds per Ton of Reduction (Tons). 

Base Case 

Emission Levels $500/ton $1,000/ton $5,000/ton

State 2012 2014 2012 2014 2012 2014 2012 2014

Alabama 34,074 31,365 34,203 31,372 33,951 31,393 30,831 29,824 

Arkansas 15,037 16,644 14,995 16,565 14,944 16,432 13,969 14,970 

Florida 41,646 45,993 27,069 29,607 27,029 29,122 24,277 26,866 

Georgia 29,106 19,293 28,185 18,331 28,033 18,323 25,413 17,569 

Illinois 21,371 22,043 21,266 21,961 21,313 21,859 20,844 21,505 

Indiana 46,877 46,086 46,123 46,471 46,190 46,174 42,769 41,374 

Iowa 18,307 19,440 16,526 17,082 16,308 16,996 15,227 15,776 

Kansas 16,126 13,967 13,502 10,849 13,502 10,730 12,030 9,506 

Kentucky 37,588 35,296 36,687 34,957 36,221 34,573 33,548 32,483 

Louisiana 13,433 13,924 13,435 13,910 13,451 13,910 13,301 13,728 

Maryland 7,179 7,540 7,238 7,540 7,235 7,540 6,983 7,293 

Michigan 25,989 28,037 26,058 26,250 25,771 26,180 25,381 25,168 

Mississippi 10,161 11,212 10,164 11,212 10,153 11,212 9,106 9,592 

Missouri 23,156 23,759 22,952 23,759 22,952 23,661 21,433 21,707 

New Jersey 3,440 3,668 3,448 3,669 3,407 3,668 3,361 3,648 

New York 8,336 9,031 8,329 9,035 8,420 8,910 8,039 8,525 

North Carolina 22,902 20,169 22,904 20,182 22,642 19,997 21,240 18,949 

Ohio 42,274 41,327 42,302 40,493 41,863 40,375 38,437 38,348 

Oklahoma 31,415 31,723 21,574 22,059 20,998 21,328 20,009 19,456 

Pennsylvania 52,895 54,217 52,626 54,134 52,444 53,842 49,279 49,444 

South Carolina 15,145 16,586 15,108 16,351 14,946 15,958 13,594 14,745 

Tennessee 15,505 12,141 15,512 12,126 15,486 12,126 14,715 11,613 

Texas 64,711 65,492 63,081 64,341 62,872 64,448 60,419 62,453 

Virginia 15,148 15,339 14,662 15,299 14,599 15,116 12,543 13,575 

West Virginia 26,464 27,099 26,350 27,014 26,151 26,819 23,988 24,485 

Wisconsin 15,876 16,048 13,971 14,134 13,928 14,035 12,412 12,897 

Total 654,161 647,439 618,267 608,702 614,807 604,728 573,150 565,498 

The results of the IPM modeling show that the Maryland ozone season 

emissions in CSAPR 2012 Base Case are lower than the 2012 $500/ton and the 2012 

$1000/ton2

. Therefore, at a minimum, Maryland is already controlling NOx 

emissions from electric generating units at a cost of twice the CSAPR remedy. 

 

2

 Table B-1. 2012 & 2014 Ozone Season NOx EGU Emissions for Each State at Various Pollution Control Cost Thresholds per 

Ton of Reduction (Tons); Significant Contribution and State Emissions Budgets Final Rule TSD; EPA-HQ-OAR-2009-0491 
9

Additional Maryland Control Measures 

Maryland has regulated emissions from its mobile sector by implementing an 

enhanced vehicle emissions inspection and maintenance program (COMAR 

11.14.08), Stage II gasoline pump controls (COMAR 26.11.24), heavy duty diesel 

engine controls (COMAR 26.11.20.06), Tier I and Tier II vehicle emissions standards 

(COMAR 26.11.20), the Clean Car Act of 2007 (CAL LEV) (COMAR 26.11.34), 

evaporative test procedures (COMAR 26.11.22), NLEV controls (COMAR 

26.11.20.02), and reformulated gasoline in on-road vehicles (COMAR 26.11.20.03). 

By being a CAL LEV state, Maryland has the toughest vehicle emission 

standards allowed by law. The Maryland Clean Car Program was adopted in 2007, 

after passage of the enabling legislation, as a strategy to reduce ozone forming 

emissions and decrease the carbon footprint from the transportation sector. The 

program, which has emission standards more strict than the current federal standards, 

aims to improve air quality by reducing emissions from the cars and light trucks we 

drive everyday. 

Beginning with vehicle model year 2011, all cars and light trucks sold in 

Maryland are required to meet these newer, more stringent standards. Volatile 

organic compounds (VOCs) and nitrogen oxides (NOx) will be reduced by 

approximately 3.55 and 5.18 more tons/day, respectively, by 2025. 

The State has also pursued significant regulation of non-EGU industrial 

sources, including Distributed Generation (COMAR 26.11.26), Portland Cement 

Manufacturing Plants (COMAR 26.11.29.03), Kraft Pulp Mills (COMAR 26.11.14), 

Yeast Manufacturing Plants (COMAR 26.11.19.17.17), Commercial Bakeries 

(COMAR 26.11.19.21.21), Iron and Steel Production (COMAR 26.11.10.01, .06, 

.07), Fuel Burning Equipment (COMAR 26.11.14.07), Incinerators (COMAR 

26.11.08), and Internal Combustion Engines at Natural Gas Pipeline Compression 

Stations (COMAR 26.11.29.05). 

Maryland has implemented a substantial number of VOC rules targeted at 

printers, consumer products, portable fuel containers, and industrial coating, adhesive, 

and sealant operations. Pursuant to the requirements of §7511a(b)(2), Maryland has 

implemented RACT controls for all source categories covered by a Control 

Technique Guideline (CTG) issued by EPA, and on all other “major” stationary 

sources emitting 25 tons per year or more of VOC or NOx (see Appendices for a 

listing of NOx and VOC regulations).3

 Many of these Maryland specific regulations 

are presented in the table below: 

 

3

 Maryland RACT controls have been promulgated at COMAR 26.11.09.08 (Control of NOx emissions for Major Stationary 

Sources), COMAR 26.11.11 (Control of Petroleum Products Installations, Including Asphalt Paving and Asphalt Concrete 

Plants), COMAR 26.11.13 (Control of Gasoline and Volatile Organic Compound Storage and Handling), COMAR 26.11.19 

(Volatile Organic Compounds from Specific Processes), COMAR 26.11.32 (Control of Emissions of Volatile Organic 

Compounds from Consumer Products), COMAR 26.11.33 (Architectural Coatings), and COMAR 26.11.35 (Volatile Organic 

Compounds from Adhesives and Sealants). 
10

VOC STATE REGULATIONS 

COMAR Reference COMAR Title 

COMAR 26.11.06.06 Control of Volatile Organic Compound Emissions 

COMAR 26.11.10.01, .06, .07 Control of Iron and Steel Production Installations 

COMAR 26.11.11 Control of Petroleum Products Installations, Including Asphalt Paving and 

Asphalt Concrete Plants 

COMAR 26.11.13.01, .03, .04, .05, and .08 Control of Gasoline and Volatile Organic Compound Storage and Handling 

COMAR 26.11.14.01 and .06 Control of Emissions from Kraft Pulp Mills 

COMAR 26.11.19 Volatile Organic Compounds from Specific Processes 

COMAR 26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities 

NOX STATE REGULATIONS 

COMAR Reference COMAR Title 

COMAR 26.11.09.08 Control of NOx Emissions for Major Stationary Sources 

COMAR 26.11.14.07 Control of NOx Emissions from Fuel Burning Equipment 

COMAR 26.11.29.03 Emission Reduction Requirements for Portland Cement Manufacturing 

Plants” 

COMAR 26.11.29.05 Emission Reduction Requirements for Stationary Internal Combustion 

Engines at Natural Gas Pipeline Compression Stations 

Maryland Supports Additional EPA Federal Control Measures 

Maryland also supports EPA’s planned federal emissions reduction measures such 

as Tier 3 vehicles, ICI boilers, cement kiln regulations and the Cross-State Air Pollution 

Rule (CSAPR) and subsequent CSAPR II initiatives. 

Additional Maryland Voluntary/Innovative Control Measures 

Maryland has also implemented the following programs in recent attainment SIPs 

that are listed as voluntary and innovative measures. MDE does not rely on any emission 

reductions projected as a result of implementation of these programs to demonstrate 

attainment because actual air quality benefits are uncertain and hard to quantify. These 

strategies however assist in the overall clean air goals in Maryland. A list of these 

programs is presented below: 

• Regional Forest Canopy Program, Conservation, Restoration, and Expansion: 

expanded tree canopy cover is an innovative voluntary measure proposed to 

improve the air quality in the Baltimore region 

• Clean Air Teleworking Initiative: encourages teleworking on bad air days 
11

• High Electricity Demand Day (HEDD) Initiative: On March 2, 2007, the OTC 

states and the District of Columbia agreed to a Memorandum of 

Understanding (MOU) committing to reductions from the HEDD source 

sector 

• Emission Reductions from Transportation Measures: 

o Clean and Efficient Strategies such as diesel retrofits 

o Traffic Flow Improvement (CHART) to reduce congestion caused by 

accidents 

o Truck Stop Electrification (TSE) to reduce diesel truck idling 

emissions 

o Electronic Toll Collection 

o Traffic Signal System Retiming 

o Ride Share and Maryland Commuter Tax Credit 

o Clean Commute Month including Bike to Work Day events 

o Transit Oriented Development 

o Bicycle/pedestrian Enhancements: the Maryland State Highway 

Administration (SHA) has worked to engineer and implement new and 

improved bicycle and pedestrian facilities, and has implemented 

programs to encourage pedestrians 

o MARC Station parking enhancements, refurbishment of MARC 

rolling stock, and locomotive retrofits 

o MTA and LOTS bus purchases 

o Bus service enhancements such as automatic vehicle locators (AVL), 

next bus arrivals posted on electronic signs at stops, and on the internet 

o Smart Card Implementation for easier travel between transit modes 

o Port of Baltimore Initiatives: crane retrofits, clean diesel in port 

vehicles, hybrid port fleet vehicles 

MDE is working with MDOT, local stakeholders, EPA Region III and EPA 

OTAQ on a regulation designed to achieve and additional 10% NOx reduction from 

mobile sources in the Baltimore and Washington DC areas. These mobile NOx from 

these areas make up approximately 30% of the overall NOx inventory from the state. If 

successful, the regulations would result in a significant reduction in NOx in these regions. 

 

MDE research has shown that this effort could be the single most important control effort 

that Maryland can undertake to reduce both its local contribution to ozone and its 

contribution to ozone in the Philadelphia region. 

 

The regulation complements Maryland's current conformity regulations and asks local 

and state transpiration decision makers to voluntarily achieve the additional 10% 

reduction as they add new projects to the transportation plans in Baltimore and 

Washington DC. 

In total, Maryland’s control program implements some of the most stringent local 

controls in the country. These controls have resulted in some of the lowest ozone 
12

precursor emissions rates in the country.4 A detailed list of many control measures that 

have been previously SIPed are in Appendices A and B. 

Statewide Regulations 

CAA section 110(a)(2)(D) requires SIPs to include provisions prohibiting any source 

or other type of emissions activity in one state from contributing significantly to 

nonattainment, or interfering with maintenance, of the NAAQS in another state, or from 

interfering with measures required to prevent significant deterioration of air quality or to 

protect visibility in another state. 

Maryland interprets this section as meaning that the state is required to address significant 

contribution for the entire state, and not portions of a state or nonattainment areas. As such, 

Maryland’s regulations apply statewide. 

Conclusion 

The EPA CSAPR modeling results show that emissions from Maryland contribute 

significantly to 8-hour ozone nonattainment 0.08 ppm standard in other states. As 

discussed above, Maryland is in the process of adopting or pursuing adoption of 

additional control measures that are projected to further reduce its contribution to any 

remaining downwind nonattainment. As a result Maryland expects to fully meet its CAA 

section 110(a)(2)(D) obligations under a 0.075 ppm standard. 

EPA Requirement: 

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

from emitting any air pollutant in amounts which will: 

(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: 

• PSD requirements under COMAR 26.11.06.14. 

• NSR requirements under COMAR 26.11.17 

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

Implementation Plan (SIP) to protect visibility. Maryland submitted this SIP to 

 

4

 According to EPA’s IPM analysis of the Cross State Air Pollution Rule (CSAPR) for the Final Base Case modeling run, 

Maryland is projected to emit 19.6 tons NOx during 2012 (8.5 tons NOx during the 2012 ozone season). Final Base Case data 

available at http://www.epa.gov/airmarkets/progsregs/epa-ipm/transport.html. 
13

EPA in the first quarter of 2012. In addition, Maryland has developed and 

implemented a PM2.5 SIP in 2008 that assists with reducing visibility impairing 

pollutants. The PM2.5 SIP relies on Maryland’s Healthy Air Act (HAA) to 

provide the bulk of these reductions. The HAA requires emissions reductions 

from power plants which, when compared to a 2002 emissions baseline, reduced 

total NOx emissions in Maryland by almost 70% in 2009 and 2010 

(approximately 50,000 tons NOx per year), and will eventually reduce NOx 

emissions by approximately 75% from 2002 levels.5

EPA Requirement: 

(ii) Insure compliance with the applicable requirements of §§ 1266 and 1157

(interstate and international pollution abatement). 

Maryland Requirement: 

• Permitting regulations under COMAR 26.11.02. 

• PSD regulation under COMAR 26.11.06.14. Maryland confirms that new major 

sources and major modifications in the state are subject to PSD under COMAR 

26.11.06.14. The most recent revision of this regulation was July 16, 2009. 

Maryland has submitted to EPA a fully-adopted PSD program that applies to all 

regulated NSR pollutants including Greenhouse Gases. 

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

control air pollution). 

 

5

 Md. Code Ann., Envir. §§ 2-1001-1002. 

6

 §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. 

7

 § 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. 
14

• 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. Neither this state nor any major source in this state is currently subject 

to any pending petition or active finding under Section 126 or 115 of the CAA 

with respect to any air pollutant. Unless a state is the subject of a Section 126(b) 

or 126(c) petition with respect to ozone, the state has no continuing obligation 

under these sections. 

________________________________________________________________ 

§110(a)(2)(E)

 EPA Requirement: 

Provide: 

(i) 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 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. 

EPA Requirement: 

(ii) Requirements that the State comply with the requirements respecting State boards 

under § 1288

. 

Maryland Requirement: 

 

8

 § 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). 
15

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

enforcement orders; these are the sole responsibility of the Maryland Department 

of Environment (MDE). The Maryland Public Service Commission (PSC) issues 

Certificates of Public Convenience and Necessity (CPCN) for utility installations, 

regulates utility rates and charges, and regulates the reliability of Maryland’s 

electricity grid. 

EPA Requirement: 

(iii) 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. 

_____________________________________________________________ 

§110(a)(2)(F)

 EPA Requirement: 

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). 

EPA Requirement: 

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

data. 

Maryland Requirement: 

• COMAR 26.11.01.04 Testing & Monitoring. 
16

• 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. 

EPA Requirement: 

(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) and specific monitoring requirements are found throughout 

COMAR 26.11 (i.e. COMAR 26.11.01.10 & COMAR 26.11.01.11). 

_________________________________________________________________ 

§110(a)(2)(G)

 EPA Requirement: 

Provide for authority comparable to that in § 3039 and adequate contingency plans to 

implement such authority. 

Maryland Requirement: 

• §2-105, Environment Article, Annotated Code of Maryland. 

• §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 

 

9

 § 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. 
17

or permit or occur in conjunction with violations of existing regulatory 

requirements. 

_________________________________________________________________ 

§110(a)(2)(H)

 EPA Requirement: 

Provide for revision of such plan: 

(i) 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. 

EPA Requirement: 

Provide for revision of such plan: 

(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. 

_________________________________________________________________ 

§110(a)(2)(I)

 EPA 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: 
18

• §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. 

________________________________________________________________

§110(a)(2)(J)

 EPA Requirement: 

Meet applicable requirements of § 12110 (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 (HEPMPO) for the 

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

of Berkeley and Jefferson in West Virginia. For the regional haze program, MDE 

consults with Federal Land Managers (FLMs). 

• 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.

 

10 § 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. 
19

EPA Requirement:

Meet applicable requirements of § 12711 (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 particle 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. 

EPA Requirement:

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

Maryland Requirement: 

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

_________________________________________________________________ 

§110(a)(2)(K) 

 EPA Requirement: 

 

 

11 § 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. 
20

(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. 

EPA Requirement: 

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

modeling to EPA. 

Maryland Requirement: 

• Air quality modeling data is submitted as part of Maryland's relevant SIP 

submissions and through federal grant commitments. 

________________________________________________________________ 

§110(a)(2)(L)

 EPA Requirement: 

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. 

_________________________________________________________________ 

§110(a)(2)(M)

 EPA Requirement: 

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

plan. 

Maryland Requirement: 
21

 

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

Maryland. 

• COMAR 26.11.26 for conformity purposes- last amended January 27, 2007. 

• Other significant consultation processes include the Metropolitan Washington Air 

Quality Committee (MWAQC) and the Interstate Air Quality Committee (IAQC). 
22

2.0 Conclusion 

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

§110(a)(2)(A) through §110(a)(2)(M). Therefore, no implementation plan to correct deficiencies 

is needed. 
23

Appendix A: Maryland NOx RACT Regulations under the 8-Hour Ozone NAAQS 

Source Category Code of Maryland 

Regulations (COMAR) Citation 

SIP # Appr

Fuel-Burning Equipment Located at Major Sources – General Requirements and Conditions 26.11.09.08A&B SIP 0Fuel-Burning Equipment with a Rated Heat Input Capacity of 250 MMBtu/hr or Greater 26.11.09.08C SIP 0Fuel-Burning Equipment with a Rated Heat Input Capacity of Less than 250 MMBtu/hr and Greater than 100 MMBtu/hr 26.11.09.08D SIP 0

SIP 0

Fuel-Burning Equipment with a Rated Heat Input Capacity of 100 MMBtu/hr or Less 26.11.09.08E SIP 0Space Heaters 26.11.09.08F SIP 0Fuel-Burning Equipment with a Capacity Factor of 15 Percent or Less 26.11.09.08G(1) SIP 0Combustion Turbines with a Capacity Factor Greater than 15 Percent 26.11.09.08G(2) SIP 0Hospital, Medical, and Infectious Waste Incinerators (HMIWI) 26.11.09.08H(4) SIP 0Municipal Waste Combustors (MWC) 26.11.09.08H(3) SIP 0Glass Melting Furnaces 26.11.09.08I(1)&(2) SIP 0Industrial Furnaces and Other Miscellaneous Installations that Cause Emissions of NOx 26.11.09.08J SIP 0Kraft Pulp Mills 

26.11.14.07 26.11.09.08C(2)(h)‡

AdopeffecsubmSIP 0

Portland Cement Manufacturing Plants 

26.11.29.03 26.11.09.08H(1)&(2)‡

SIP 0SIP 0SIP 0

Stationary Internal Combustion Engines at Natural Gas Compression Stations 

26.11.29.05B & C 26.11.09.08I(3)&(4)‡

SIP 0SIP 0SIP 0
24

Appendix B: Maryland VOC RACT Regulations under the 8-Hour Ozone NAAQS 

Maryland Regulation Rule Applicability and Requirements 

L

D

Date 

COMAR 26.11.06 

Regulation .06 General Emission Standards, Prohibitions, and Restrictions Volatile Organic Compounds 

Applies to VOC emitting installations above 20 pounds per day. Emissions are required to be controlled by 85% or more. 

SIP # 99-Adopted Approved 

COMAR 26.11.10 

Regulations .01, .06, .07 Control of VOCs from Iron and Steel Production Installations 

Establishes a standard for VOC emissions from the sinter plant. Requires installation of a CEM system, use of a "good management 

practices" manual. 

COMAR 26.11.19.02G requires major VOC sources to comply with RACT. There is one integrated steel mill in Maryland. Its total VOC emissions exceed the major source threshold 

SIP# 01-0Adopted Approved 

COMAR 26.11.11 

Control of Petroleum Products Installations, including Asphalt Paving and Asphalt Concrete Plants 

Applies to the manufacture, mixing, storage, use, and application of cutback and emulsified asphalts. Restricts cutback asphalt during the ozone season without approval. 

SIP# 93-0Adopted Approved 

COMAR 26.11.13 

Regulation .01B(4) amended definition of "Gasoline" 

Applies to sources that store and handle JP-4, a jet fuel. SIP # 98

Adopted Approve

COMAR 26.11.13 

Regulations .01B(6-1), (13) Definitions of “Marine Vessel” and “Vapor Control System” 

Defines “Marine vessel” and “vapor control system”. 

SIP# 07-

Adopted Approve
25

Maryland Regulation Rule Applicability and Requirements 

L

D

Date 

COMAR 26.11.13  Regulation .03A 

Large Storage Tanks - Closed Top Tanks 

Applies to gasoline liquid storage tanks with fixed roofs and with capacity of 40,000 gallons or greater. Covers sealing standards for a covered storage tank, openings, connection between roof edge and tank wall and vents. 

SIP# 91

Adopted 

Approve

COMAR 26.11.13 

Regulation .03 B Large Storage Tanks - Open Top tanks 

Applies to gasoline storage tanks with external floating roofs and with capacity of 40,000 or greater. Incorporates sealing standards for a storage tank, including its openings, its connection roof and tank wall, all seal closure devices, vents, and emergency roof drains. 

SIP# 91-0Recodific10.18 to 2Approved 

COMAR 26.11.13 

Regulation .04 A Loading Operations – Bulk Gasoline Terminals 

Applies to all the loading racks at any bulk gasoline terminal that 

deliver liquid product into gasoline tank trucks. 

A vapor collection and control system designed to collect and 

destroy the organic compound liquids or vapors displaced from gasoline tank trucks during product loading is required and various other equipment and operational requirements are also included. 

SIP# 93

Adopted Approve
26

Maryland Regulation Rule Applicability and Requirements 

L

D

Date 

COMAR 26.11.13 

Regulation .04 B  Loading Operations – Bulk Gasoline Plants 

Applies to all unloading, loading, and storage operations at bulk 

gasoline plants. Requires the use of vapor balance, and sets standards for equipment and work practices. 

SIP# 81-

Adopted 

Approved 

COMAR 26.11.13 

Regulation .04 C Loading Operations – Small Storage Tanks 

Applies to storage tanks with capacity greater than 2000 gallons but less than 40,000 gallons and requires Stage I vapor recovery. 

SIP# 93-

Adopted 

Approved 

COMAR 26.11.13 

Regulation .04 C Loading Operations – Small Storage Tanks 

Increases the gasoline storage tank capacity affected by Stage I vapor recovery from the previous 250 gallon capacity to greater than 2,000 gallons. 

SIP # 98-Adopted Approved 

COMAR 26.11.13 

Regulation .05 Gasoline Leaks from Tank Trucks 

Applies to gasoline tank trucks and requires compliance with standards for vapor-tightness. 

SIP# 93-Adopted Approved 

COMAR 26.11.13 

Regulation .08 Control of VOC Emissions from Marine Vessel Loading 

Requires owners or operators of barge loading facilities in the Baltimore/Washington areas to reduce captured VOC vapors by 90 

percent if emissions from the barge loading are ≥ 25 TPY. In rest of 

State, controls are required if emissions are ≥ 50 TPY. 

SIP# 07-1Adopted Approved 

COMAR 26.11.14 

Regulations .01 and .06 Control of VOC Emissions from Kraft Pulp Mills 

Establishes RACT standards for VOC emissions from several process installations at MD's one mill including the condensate steam stripper, the digester blow tank system, the evaporators, brown stock washers, 

bleach rooms and paper machines, recovery boilers, smelt dissolving 

tanks, and other miscellaneous operations. 

SIP# 01-1Adopted  Approve
27

Maryland Regulation Rule Applicability and Requirements 

L

D

Date 

COMAR 26.11.19 

Regulations .01B(4) and .02 G 

Control of Major Stationary Sources of 

Volatile Organic Compounds. 

Maryland's generic major source VOC RACT regulation 

Applies to all major stationary sources not subject to any VOC 

emission standard in COMAR 26.11.11, 26.11 .13, or Regulations .02 - .31 of COMAR 26.11.19. 

SIP # 95-Adopted 5/13/98 

COMAR 26.11.19 

Regulation .02 I Good Operating Practices, Equipment Cleanup, and VOC Storage. 

Applies to all installations located at premises that are subject to 

any VOC requirement in COMAR 26.11.19. Requires sources to implement such things as: training of 

operators on good operating and maintenance procedures to minimize VOC emissions; storing VOC or VOC-containing materials in closed containers; using available spray gun cleaning and application technology to eliminate or minimize VOC emissions; and equipping VOC storage tanks with conservation vents and vapor balance systems. 

SIP# 01-Adopted Approved 

COMAR 26.11.19 

Regulation .03 Automotive Light Duty Truck Coating 

Apply to automobile or light-duty truck assembly plants, and any 

can, coil, paper, fabric, or vinyl coating unit. Establish coating VOC content limits specific to operations. 

SIP# 98-0Adopted Approved 

COMAR 26.11.19 

Regulation .04 Can Coating 

Apply to automobile or light-duty truck assembly plants, and any 

can, coil, paper, fabric, or vinyl coating unit. Establish coating VOC content limits specific to operations. 

SIP# 91-0Recodific10.18 to 2Approved 

COMAR 26.11.19 

Regulation .05 Coil Coating 

Apply to automobile or light-duty truck assembly plants, and any 

can, coil, paper, fabric, or vinyl coating unit. Establish coating VOC content limits specific to operations. 

SIP# 91-0Recodific10.18 to 2Approved 
28

Maryland Regulation Rule Applicability and Requirements 

L

D

Date 

COMAR 26.11.19 

Regulation .06 Large Appliance Coating 

Requires use of compliant coatings with a VOC content of less 2.8 lbs/gal. 

SIP# 91-0Recodific10.18 to 2Approved 

COMAR 26.11.19 

Regulation .07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating 

Apply to automobile or light-duty truck assembly plants, and any 

can, coil, paper, fabric, or vinyl coating unit. Establish coating VOC content limits specific to operations. 

SIP# 99-Adopted 8/4/1998 Approved 

COMAR 26.11.19 

Regulation .07-1 Solid Resin Decorative Surface Manufacturing 

Requires control of 75 % emissions from solid resin decorative surface manufacturing operation with the help of a control device. 

SIP# 99-Adopted Approved 

COMAR 26.11.19 

Regulation .08 Metal Furniture Coating 

Requires use of compliant coatings with a VOC content of less than 3.0 lb/gal. 

SIP# 91-0Recodific10.18 to 2Approved 

COMAR 26.11.19 

Regulation .09 Control of VOC Emissions from Cold and Vapor Degreasing 

Requires controls on vapor degreasing operations and applies to a person who uses a VOC degreasing material for use in cold or vapor degreasing. 

SIP# 95-Adopted Approved 

COMAR 26.11.19 

Regulation .10 Flexographic and Rotogravure 

This regulation applies to any packaging rotogravure, publication rotogravure, or flexographic printing process at a facility. The rule establishes the limits of VOC contents in coatings and inks used in the covered facilities, and specify standards for control devices for various printing processes. 

SIP# 95-Adopted Approved 
29

Maryland Regulation Rule Applicability and Requirements 

L

D

Date 

COMAR 26.11.19 

Regulation .11 Lithographic Printing 

Applies to offset lithographic printing, including heatset and non-heatset web, non-heatset sheet-fed, and newspaper facilities. A 90 percent reduction of VOC emissions (by weight) from the press dryer exhaust vent of heatset printing operations, limits the alcohol content in fountain solutions, and establishes standards for cleaning 

printing equipment. 

SIP# 95-Adopted Approved 

COMAR 26.11.19 

Regulation .12 Dry Cleaning Installations 

Applies to petroleum dry cleaning facilities that consume 6000 gallons or more petroleum solvent per year. The rule establishes emission limits or reduction requirements for emissions, inspection, repair and reporting requirements for dryers, filtration systems and other equipment. 

SIP# 91-Adopted Approved 

COMAR 26.11.19 

Regulation .13 Miscellaneous Metal Coating 

Applies to any miscellaneous metal parts coating operation, and allows coatings with a VOC content in the range of 3.0 to 4.3 lb/gal. 

SIP# 91

Adopted Approve

COMAR 26.11.19 

Regulation .13-1Aerospace Coating Operations 

Applies to aerospace coating operations and emission limits for coating types range from 1.3 to 3.5 pounds per gallon. For over 50 specialty coatings the standards go up to 10 lbs/gal. 

SIP# 01

Adopted Approve

COMAR 26.11.19 

Regulation .13-2 Brake Shoe Coating Operations 

Applies to brake shoe coating operations establishes coating standards and equipment cleanup standards and requires high transfer efficiency methods for application of coating. 

SIP# 99

Adopted Approve
30

Maryland Regulation Rule Applicability and Requirements 

L

D

Date 

COMAR 26.11.19 

Regulation .13-3 Control of Volatile Organic Compounds from Structural Steel Coating Operations 

Coating standards are established for structural steel operations which can only be exceeded from November to March by 20 %. Minimizes VOC emissions from cleaning solvents. 

SIP# 99

Adopted 

6/17/199

COMAR 26.11.19 

Regulation .14 Manufacture of Synthesized Pharmaceutical Products 

Establishes standards for the control of emissions from reactor, distillation operation, crystallizer centrifuge and vacuum dryer. Control efficiency of 90 percent or more. Vapor balance systems are also required. 

SIP# 91

Adopted Approve

COMAR 26.11.19 

Regulation .15 Paint, Resin and Adhesive and Adhesive Application 

Applies to honeycomb core installation, footwear manufacturing and spiral tube winding and impregnating. Adhesive and resin standards are established for these operations. 

SIP# 93-

Adopted Approve

COMAR 26.11.19 

Regulation .16 Control of VOC Equipment Leaks 

Applies to operations that are subject to the requirements in COMAR 26.11.19 and without specific leak management 

SIP# 91-0Adopted 

Approve

COMAR 26.11.19 

Regulation .17 Control of Volatile Organic Compounds Emissions from Yeast Manufacturing 

Applies to yeast manufacturing installation at a premises that has a 

potential to emit 25 tons or more per year of VOC. Sets emission 

standards based on the type of yeast fermenter. Requires continuous monitoring and reporting. 

SIP# 05-Adopted 

Approve

COMAR 26.11.19 

Regulation .18 Control of Volatile Organic Compound Emissions from Screen Printing and Digital Imaging. 

Applies to screen printing operations on different substrates. The 

standards vary according to the substrate, type of printing and inks. Digital imaging and control device option is also included in the regulation. 

SIP# 02

Adopted Approve
31

Maryland Regulation Rule Applicability and Requirements 

L

D

Date 

COMAR 26.11.19 

Regulation .19 Control of Volatile Organic Compound Emissions from Expandable Polystyrene Operations 

Applies to expandable polystyrene operations and control efficiency of 85 % is required for emissions from pre-expander or combustion in a fire 

box. 

SIP# 00

Adopted Approve

COMAR 26.11.19 

Regulation .20 Control of Landfill Gas Emissions from Municipal Solid Waste Landfill 

Applies to existing MSW landfills that have a design capacity equal to or greater than 2,750,000 tons and 3,260,000 cubic yards of MSW. Gas collection and control system is required if the emissions are calculated to be greater than 55 tons per year. 

111(d )# 

Adopted 

3/2/1999 

Approve

COMAR 26.11.19 

Regulation .21 Control of Volatile Organic Compounds from Bakery Ovens 

Applies to an oven that has the potential to emit 25 tons or more. Controls are required based on predictive factors of 80 % or greater. The regulations also have provisions for the review and approval of innovative control technology. 

SIP# 95

Adopted Approve

COMAR 26.11.19 

Regulation .22 Control of Volatile Organic Compounds from Vinegar Generators 

Applies to vinegar generation operation with emissions greater than 20 lbs/day. A scrubber-absorber system is required at 85 % or greater efficiency. 

SIP# 98

Adopted Approve

COMAR 26.11.19 

Regulation .23 Control of VOC Emissions from Vehicle Refinishing 

Applies to vehicle refinishing operations. Establishes coating , cleaning solvent and equipment standards 

SIP# 95

Adopted Approve

COMAR 26.11.19 

Regulation .24 Control of VOC Emissions from Leather Coating 

Applies to a person who owns or operates a leather coating operation at a 

premises with actual VOC emissions of 20 pounds or more per day. 

Establishes coating standard and provides alternative means of compliance by controlling 85 % or more emissions. 

SIP# 98

Adopted Approve
32

Maryland Regulation Rule Applicability and Requirements 

L

D

Date 

COMAR 26.11.19 

Regulation .25 Control of Volatile Organic Compounds From Explosives and Propellant Manufacturing. 

Applies to existing equipment at a premise that has a potential to emit 25 

tons or more of VOC per year from all explosives and propellant manufacturing equipment. Establishes control efficiency requirement of 85% or more overall. 

SIP# 98

Adopted Approve

COMAR 26.11.19 

Regulation .26 Control of Volatile Organic Compound Emissions from Reinforced Plastic Manufacturing 

Applies to reinforced plastic manufacturing operations if VOC emissions are 20 pounds or more per day. Requires the use of low styrene resin, high efficiency application equipment and low voc cleaning solvents. 

SIP# 98

Adopted Approve

COMAR 26.11.19 

Regulation .27 Control of Volatile Organic Compound Emissions from Marine Vessel Coating Operations 

Applies to marine vessel coating operations. Establishes over 20 coating standards, cleanup and record keeping requirements. 

SIP# 98

Adopted Approve

COMAR 26.11.19 

Regulation .28 Control of Volatile Organic Compound Emissions from Bread and Snack Food 

Drying Operations 

Applies to bread drying operation that has a potential to emit VOC emissions of 25 tons or more per year. Requires control of 85 % efficiency with the help of a scrubber or an alternative control device. 

SIP# 00

Adopted Approve

COMAR 26.11.19 

Regulation .29 Control of Volatile Organic Compound Emissions from Distilled Spirits Facilities 

Applies to a distilled spirits facility that has a total potential to emit VOCs of 25 tons or more per year. Requires standards to be met for emptying barrels, cleaning of filters and filling of barrels. 

SIP# 01

Adopted Approve

COMAR 26.11.19 

Regulation .30 Control of Volatile Organic Compound Emissions from Chemical Production and Polytetrafluoroethylene Installations 

Applies to an organic chemical production installation or an inorganic chemical production installation with VOC emissions of 20 pounds or more per day. For emissions above 100 lbs/day, 90 % controls are required. Good operating practices apply if the emissions are less than 100 lbs/day. 

SIP# 08-Adopted Pending E
33

Maryland Regulation Rule Applicability and Requirements 

L

D

Date 

COMAR 26.11.19 

Regulation .31 Control of Volatile Organic Compound Emissions from Medical Device Manufacturing 

Applies to medical device manufacturing installations that emit, or have the potential to emit, 100 pounds or more VOC/day that engage in the 

production of hypodermic products syringes, catheters, blood handling 

and other medical devices. 

SIP# 06-Adopted Approved 

COMAR 26.11.24 

Stage II Vapor Recovery at Gasoline Dispensing Facilities 

Applies to facilities with average monthly throughput of 10,000 gallons or more. Requires regular inspection and testing of Stage II systems and includes record keeping and reporting. 

SIP# 02-Adopted 

Approve
34
Maryland Department of the Environment 

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permit proposed 

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••Media Advisory•• Maryland F1rst 

Lady Kat1e O'Malley to Present 

"Reth•nk Recycling" Sculpture 

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Lt. Gov. Anthony G. Brown 

Addresses MOE's 2nd Annual Clean 

Water Innovations Trade Show, 

Recogn1zes Innovative Stormwater 

ProJect 

MOE Secretary Summers 

celebrates the 40th anniversary <X the Oean Water Act w•th Parkway 

Elementary students 

l ead Po1son•ng Cases Orap Overall, 

Rise 1n PrOPerties Not Prev1ously 

Covered by Md. Law 

Waterways •n St. Mary's, Calvert 

Count•es Rleclass•f•ed for ShellfiSh 

Harvestmg 

More> Featured Clips 

Fredenck News-Post: Md. Sec. of 

the Enwonment VISits Parkway 

Elementary to celebrate Oean 

Water Act anntversary 

Balto. Sun: Survey shows fewer 

Md. ch1ldren suffered lead 

poisoning In 2011 

Nat•onal Academy <X Sc1ence: 

Climate Change: u nes of Ev•dence 

Balt1more Sun ed•tonal: Impact of 

d•rty a1r must be taken tnto 

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11/14/2012 
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MOE Public Meetings, Hearings and Request for Comments 

• MOE Calendar 

The complete listing of MOE p.~bllc meetongs and hearfn1JS..!LP,2Sted 1n the .t1.!U .. S:alendar. Please call or email contact person dted in the 

meeting detausror any questions or to send a c<mmenr. 

.. Notice of Public Hearings on Tentative Permit Determination to.reissue the General Permit for Storm Water 

Discharges from Industrial Activities, General Permit No. 12-SW. Application forms (i.e. Notices of Intent for 

coverage) 

The Department iS proposing to reissue the General Permit for Storm Water Ois<harges from Industrial ACtivities, General Permit No. 12-

sw. Application forms (I.e. Notices of Intent for CDverage) will be posted and distributed when the permit is final. 

The Department wll hold public hearings to receive oral estimony concerning the p-oposed permit on Monday, November 26, 2012 at 

1 pm and Friday, November 30, 2012 at 1 pm In the Terra Conferena! Room at the Maryland Department of the Envirmment, 1800 

Washington Boulevard, Baltimore, Maryland 21230. 1 you are planning to attend the hearing, please park in the West End/Blue 

(htto:ljwww.rrde.state.md.us/orograms/Permits/WaterManagementPermits!WaterOiseharoePermltAppllcatlons/Documents/ 

GOP%20Stormwater/mo parking areas jpg) parking lot, off of washington Boulevard. 

Written comments concerning the draft permit will also be considered in the preparation of a lnal permit deternination if received by 

MOE at 1800 Washington Boulevard, Baltimore, Maryland 21230, on or before Friday, January 4, 2013. 

Any questions regarding thiS tentative determinabon, including the draft permit and fact sheet, should be d~rect to Mthael Richardson at 

the Maryland Department of the Envlrmment, Waler Management AdminiStration, at mrichardson@mde.state md.us. or by telephone at 

410-537-3323 between f1e hours from 8:00a.m. to 5:00 p.m., Monday through Friday. · 

Copies of the draft permit and fact sheet are now avalable for view. (Indude link to 

http;//www m!e.state.md.uS{proorams/Permlts/WaterManagementPermitS{WaterDischargePermitAppllcatioQS/Pages/ 

Permlts/watermanagerrentpei'TI"itS{water aoolicati()ns/gormwater.aspxl 

/. Notice of Public Hearing on Implementation, Maintenance, and Enforcement Measures for the 8-Hour Ozone V National Ambient Air Quality Standard State Implementation Plan 

The Maryland Department of the Enllironment (MOE) wil hold a p<blic hearing on a State Implementation Plan (SIP) addressing 

Implementation, maintenana!, and enforcement measures for the 2008 75 plf> 8-hour ozone national ambient air quality standard 

The public hearing will be held on December 21, 2012 at 10 a.m. In the Maryland Department of the Environment headquarters 

located at 1800 Washington Boulevard. Aeris First Floor Conferena! Room, Baltimore, Maryland, 21230. 

The public hearmg wil be held as required by federal law (Clean I>Jr Act at 42 us.c. 7410 (a) and 40 O'R 51.102). 

After consideration of comments received, the plan wll be finallled and ~bm tted to the United State Environmental Protection Agency 

for approval. 

Copies of the document can be viewed at he Maryland Department of the Environment Office, Air and Radation Management 

AdminiStration, 1800 Washin~on Boulevard, Suite 730. Baltimore, Maryland • Contact: Mole Sarros. 

Comments may be presented at the hea-ing, mailed, emailed, or faxed to Molla Sarros, Maryland De19rtment of the Environrrent, Air and 

Radiation Management Admlnistrati>n, 

1800 Washington Boulevard, Baltimore, MD, 21230, fax # 410.537-3202, MSarros@mde.state.md.us . The comments must be received 

before close of business on December 21, 2012. 

Persons in need of special accommodations should contact the De19rtment's Office of fair Practices at 410.537·39()4 at least five (5) 

business days in advance of the hearhg. TTY user.; should contact the DeJBrtment through the Maryland Relay Service at 410-537-4396. 

For more information contact Molla Sarros at (410) 537·3240 (Toll free In Maryland call (800) 633-6101 ext. 3240) or 

MSarros@mcle.state,md.us. 

• Notice of Public Hearings/Comment Periods Concerning Proposed Amendments to Air Quality Regulations 

The Maryland Department of the En\Aronment gives notice of public hearing$" comment periods concerning the folbwing proposed actions: 

1. Amendments to Regulations .17 and .19 under COMAR 26.11.02 ~rmlts, Approvals, and Registration 

(a) Amendments to COMAR 26.11.02.17 clarify- how fees are applied to P<r Quality Permit to Construct source categories; 

establish a new fiE tor an additional source category that requires an Air Quality Permit to Construct; and raise the existing 

minimum fee tor securing a standard Air Quality Permit to Construct from $200 to $500, for most sources. The proposed fee 

Increases apply to sources requiring an Individual AlrQuallty Permit IX> Construct. The fees wll remain the same for small 

sources requoring an Air Qualty General Pernit to Construct. 

(b) Amendments to COMAR 26.11.02.19 raise the annual base fee for la-ge air pollution sources In Maryland that are required 

to obtain a federal Title v Permit or State Perrrit to Operate. The prcposed amendments raise the annual base fee from $200 

to $5,000 for S>urces requinng a federal Title v Permit and from $200 to $500.$1,000 for sources requiring a State Permt to 

Operate. 

2. Amendments to Regulation .02 under CO MAR 26.11. 34 Low Errissions Vehicle Program update Maryland's Clean Car 

regulations to reflect the chan!J!s made to the Caifomia Low Emissions Vehicle Program (Le., Cal LEV or Clean Car Program) 

since the last update In 2010. This action wil be ~bmitted to the us. EPA for approval as a revision to Maryland's State 

Implementation Plan. ISee Technical Document) 

The full text of the proposed amet'dments will appear In the Maryland Regster at http;//www.<M.s!ate.mc!.us/mdregoster/ on November 

30, 2012. 

http://www.mde.state.md.us/about. .. Page 1 of3 12/5/2012 
Sign In

Air Quality Planning Program 

Maryland's Air Quality Planning Program (AQPP) writes state implementation plans and regulations to reduce emissions and achieve the 

National Ambient Air Quality Standards (NAAQS) for six "criteria" air pollutants: ground-level ozone, particulate matter, lead, carbon 

monoxide, nitrogen dioxide, and sulfur dioxide. The AQPP also implements federal, regional, local, and state greenhouse gas emissions

reduction programs, including implementing the requirements of the Maryland Greenhouse Gas Emissions Reduction Act of 2009 and 

managing Maryland's involvement in the Regional Greenhouse Gas Initiative (RGGI). 

The AQPP consists of three divisions covering its different program areas:

(1) Planning and Policy

(2) Regulation Development

(3) Climate Change

Planning and Policy: State Implementation Plans

The Planning and Policy Division develops air quality plans, also called state implementation plans, which are designed to attain and

maintain the National Ambient Air Quality Standards, and to prevent significant deterioration of air quality in areas cleaner than the 

standards.

The state implementation plans are listed below in chronological order with the latest documents first. Some SIPs have many 

appendices, but each distinct SIP on the list is identified with the word “Document” followed by the individual SIP’s name below that 

and any appendices subsequently.

Note: Maryland's State Implementation Plans are viewable in Adobe Acrobat Reader (pdf) format. To view the documents, you will have 

to download the Adobe Acrobat Reader.

Document:

Maryland's Implementation, Maintenance, and Enforcement Measures for the 8-Hour Ozone National Ambient Air Quality Standard State

Implementation Plan

SIP Document

Document:

Maryland's Lead (Pb) Infrastructure State Implementation Plan

SIP Document

Document:

Maryland's Regional Haze State Implementation Plan

Date: February 9, 2012

SIP Document (4,137 KB)

Appendix A- MANE-VU Class I Area Contribution Assessment

Appendix A-1 Trajectory Analysis

Appendix A-1a: Trajectory Analysis Results at Acadia National Park

Appendix A-1b: Trajectory Analysis Results at Brigantine National Park

Appendix A-1c: Trajectory Analysis Results at Dolly Sods Wilderness Area

Appendix A-1d: Trajectory Analysis Results at Great Gulf Wilderness Area

Appendix A-1e: Trajectory Analysis Results at Great Smokey Mountains National Park

Appendix A-1f: Trajectory Analysis Results at James River Face Wilderness Area

Appendix A-1g: Trajectory Analysis Results at Lye Brook Wilderness Area

Appendix A-1h: Trajectory Analysis Results at Mohawk Mountain

Appendix A-1i: Trajectory Analysis Results at Moosehorn National Wildlife Area

Appendix A-1j: Trajectory Analysis Results at Multiple Sites

Appendix A-1k: Trajectory Analysis Results at Queens College, New York City

Appendix A-1l: Trajectory Analysis Results at Pittsburgh, PA

Appendix A-1m: Trajectory Analysis Results at Shenandoah National Park

Appendix A-1n: Trajectory Analysis Results at Washington, D.C.

Appendix A-2: Source Attribution by Receptor-Based Methods

Appendix A-3: Chemical Transport Model Results

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http://www.mde.state.md.us/progr... Page 1 of 7 12/21/2012
Jim Wilkinson - Re: Fwd: Notice for web page 

The notice entitled ""110 Ozone Authority SIP" has been added to the Notices and Alerts section of the MDE homepage.

- Diana

>>> Mary Jane Rutkowski 11/14/2012 10:18 AM >>>

Hi Diana

Here is the corrected pdf. Sorry about that :-)

>>> Diana Alegre 11/14/2012 9:53 AM >>>

Hi MJ,

The link provided in the PDF Katy sent (attached) has an invalid link:

http://www.mde.state.md.us/Programs/AirPrograms/air_planning/index.asp  (this link is from the old website)

Should this be:

http://www.mde.state.md.us/programs/Air/AirQualityPlanning/Pages/programs/airprograms/air_planning/index.aspx?

Thanks,

Diana

>>> Mary Jane Rutkowski 11/14/2012 9:30 AM >>>

Good Morning Diana

Brian has approved the Air Quality Planning page. We should be OK to post the link on the MDE page. Please deploy the 

page today, if possible. Once again, we are on a legal deadline :-) Let me know if you need anything. Thanks!!!

>>> Diana Alegre 11/13/2012 5:42 PM >>>

Hi Katy,

The link cited on the page does not exist. Please check and resend document.

As noted in emails last week, I will add this to the Notices and Alerts section of the MDE homepage as:

"110 Ozone Authority SIP".

Thanks,

Diana

>>> Kathleen Perry 11/13/2012 4:47 PM >>>

Hi Diana,

Would you be able to post the attached document on the main page under notices and alerts, and on the MDE 

calendar/hearings page? The title is:

Public Hearing on Implementation, Maintenance, and Enforcement Measures for the 8-Hour Ozone National Ambient Air

Quality Standard State Implementation Plan.

Thanks so much,

Katy

From: Diana Alegre

To: Rutkowski, Mary Jane

Date: 11/14/2012 12:05 PM

Subject: Re: Fwd: Notice for web page

CC: Hug, Brian;  Kappalman, Samantha;  Perry, Kathleen;  Sarros, Molla;  Thu...

file:///C:/Users/msarros/AppData/... Page 1 of 1 12/21/2012
Jim Wilkinson - Re: Ozone Authority SIP 

The lead notice may be removed on December 6, 2012. The ozone notice may be removed on January 5, 2013. Thanks

>>> Samantha Kappalman 11/8/2012 1:47 PM >>>

Ok, we'll need to prioritize what's up there. Some things will need to come off. For both of your SIP links, please send us 

an email when we can come down.

Samantha Kappalman

Director of Communications

Maryland Department of the Environment

410-537-3010

443-934-1023 (cell)

www.mde.state.md.us

>>> Mary Jane Rutkowski 11/8/2012 1:44 PM >>>

Good Afternoon

Next week we will need to post another State Implementation Plan (SIP) on our web site. I need to have a link to the SIP 

on the MDE home page under Notices and Alerts, "110 Ozone Authority SIP". This link needs to be in place for a minimum 

of 30 days from the date we post the documents. We should have the documents on the server early next week.. Thanks 

for your assistance!

From: Mary Jane Rutkowski

To: Kappalman, Samantha

Date: 11/8/2012 1:53 PM

Subject: Re: Ozone Authority SIP

CC: Thunell, Roger

file:///C:/Users/msarros/AppData/... Page 1 of 1 12/21/2012
Public Hearing on Implementation, Maintenance, and Enforcement Measures for the 

8-Hour Ozone National Ambient Air Quality Standard State Implementation Plan 

The Maryland Department of the Environment (MDE) will hold a public hearing on a State 

Implementation Plan (SIP) addressing implementation, maintenance, and enforcement measures 

for the 2008 75 ppb 8-hour ozone national ambient air quality standard. 

 

The public hearing will be held on December 21, 2012 at 10 a.m. in the Maryland Department of 

the Environment headquarters located at 1800 Washington Boulevard, Aeris First Floor 

Conference Room, Baltimore, Maryland, 21230. 

The public hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410 (a) 

and 40 CFR 51.102). 

After consideration of comments received, the plan will be finalized and submitted to the United 

State Environmental Protection Agency for approval. 

The proposed plan document has been made available on the Maryland Department of the 

Environment's website at 

http://www.mde.state.md.us/programs/Air/AirQualityPlanning/Pages/programs/airprograms/air_p

lanning/index.aspx 

Note: the public library systems in the region can be used for Internet access to view the 

document. 

Copies of the document can be viewed at the Maryland Department of the Environment Office, 

Air and Radiation Management Administration, 1800 Washington Boulevard, Suite 730, 

Baltimore, Maryland - Contact: Molla Sarros. 

Comments may be presented at the hearing, mailed, emailed, or faxed to Molla Sarros, Maryland 

Department of the Environment, Air and Radiation Management Administration, 

1800 Washington Boulevard, Baltimore, MD, 21230, Fax # 410-537-3202, 

MSarros@mde.state.md.us. The comments must be received before close of business on 

December 21, 2012. 

Persons in need of special accommodations should contact the Department's Office of Fair 

Practices at 410-537-3964 at least five (5) business days in advance of the hearing. TTY users 

should contact the Department through the Maryland Relay Service at 410-537-4396. 

For more information contact Molla Sarros at (410) 537-3240 (Toll free in Maryland call 

(800) 633-6101 ext. 3240) or MSarros@mde.state.md.us. 
Page 1 of2 

Subject: Ozone 110 SIP heanng notice 

r Created By : iwilkinson@mde.state.md.us 

Scheduled Date: 

Creation Date: 1"/ 14/2012 2 53 PM 

From: J 1n1 W1 Kinson 

Recipient Action Date & Time Comment 

To· Allegany County Health Officer (AL Co Health Transferred 11/14/2012 

Officer. FIELD_ OFFICES_PO FIELD_ OFFICES) 2 55 PM 

To: Anne Arundel Health Officer (AA Co Health Transferred 11/14/2012 

Officer.FIELD-_OFFICES_PO.FIELD_OFFICES) 2:55PM .. To: Baltimore City Health Officer (BA Cty Health Incomplete 11/14/2012 451 Recipients not all at 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 2:55PM same ma11 host - psmtp 

To: Baltimore County Health Officer (BA Co Health Incomplete 11/14/2012 451 Recipients not all at 

Officer. FIELD_ OFFICES _PO. FIELD_ OFFICES) 2·55 PM same mail host- psmtp 

CC: Brian Hug (bhug@mde.state.md.us) Third-Party 11/15/2012 

Downloaded 4:05AM 

To: Calvert County Health Officer (CA Co Health Incomplete 11/14/2012 451 Recipients not all at 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 2 55 PM same mail host - psmtp 

To: Caroline and Kent County Health Officer (CO and KE Co Health Incomplete 11/14/2012 451 Recipients not all at 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 2:55PM same mail host - psmtp 

To: Carroll County Health Officer (CL Co Health Incomplete 11/14/2012 451 Recipients not all at 

Officer.FIELD_OFFICES_PO FIELD_OFFICES) 2:55PM same mail host- psmtp 

To: Cec1l County Health Officer (CE Co Health Transferred 11/14/2012 

Officer FIELD_ OFFICES_PO.FIELD _OFFICES) 2:55PM 

To: Charles County Health Officer (CH Co Health Incomplete 11/14/2012 451 Recipients not all at 

Officer.FIELD _ OFFICES_PO. FIELD_ OFFICES) 255 PM same mail host - psmtp 

To: Dorchester County Health Officer (DO Co Health Transferred 11/14/2012 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 2·55 PM 

To: Frederick County Health Officer (FR Co Health Transferred 11114/2012 

Officer FIELD_ OFFICES_PO.FIELD_ OFFICES) 2.55 PM 

To: Garrett County Health Officer (GA Co Health Transferred 11/14/2012 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 2:55PM 

To: Harford County Health Officer (HA Co Health Transferred 11/14/2012 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 2:55PM 

To: Howard County Health Officer (HO Co Health Transferred 11/14/2012 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 2:55PM 

CC: Mary Jane Rutkowski (mrutkowski@mde.state.md.us) Third-Party 11/15/2012 

Downloaded 4:37AM 

CC: Molla Sarros (MSarros@mde.state.md.us) Third-Party 11/15/2012 

Downloaded 4:38AM 

To: Montgomery County Health Officer (MO Co Health Transferred 11/14/2012 

Officer.FI ELD _OFFICES _PO. FIELD_ OFFICES) 2:55PM 

To: Pnnce Georges County Health Officer (PG Co Health Transferred 11/14/2012 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 2:55PM 

To: Queen Annes County Health Officer (QA Co Health Transferred 11/14/2012 

Officer. FIELD_ OFFICES _PO.FIELD _OFFICES) 2 55 PM 

CC· Randall Carroll (rcarroll@mde.state.md.us) Third-Party 11115/2012 

Downloaded 4 43AM 

CC Roger Thunell (rthunell@mde state.md.us) Read 11/16/2012 

1 48 PM 

To: Somerset County Health Officer (SO Co Health Transferred 11/14/2012 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 2.55 PM 

To. St Marys County Health Officer (SM Co Health Transferred 11/14/2012 

Officer. Fl ELD _OFFICES _PO. Fl ELD _OFFICES) 2.55 PM 

To: Talbot County Health Officer (TACo Health Transferred 11/14/2012 

Officer. FIELD_ OFFICES_PO.FI ELD _OFFICES) 2:55PM 

CC: Timothy Wallace (twallace@mde.state.md.us) Third-Party 11/15/2012 

Downloaded 4:52AM 

To: Washington County Health Officer (WACo Health Transferred 11/14/2012 

file:///C:/Users/jwilkinson/AppData/Local!Temp/XPgrpwise/50A38070MDEDOMpo2lin... 11/30/20 12 
Officer FIELD_OFFICES_PO.FIELD_OFFICES) 

To. Wicomico County Health Officer (WI Co Health 

Officer FIELD_OFFICES_PO.FIELD_OFFICES) 

To Worcester County Health Officer (WO Co Health 

Officer FIELD_OFFICES_PO FIELD_OFFICES) 

;. 

Transferred 

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2·55 PM 

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file:/1/C:/Users/jwilkinson/ AppData/Localffemp/XPgrpwise/50A3B070MDEDOMpo2lin... 11/30/2012 
Subject: 

Created By: 

Ozone 110 SIP heanng not1ce 

jwilk1nson@mde.state.md.us 

Scheduled Date: 

Creation Date: 

From: 

Recipient 

11/14/2012 2 47 PM 

J1m W1lkmson 

To. Allegany County Enwonmental Health D1rector 

(AL Co Env Health 

D1rector FIELQ_OFFICES_PO FIELD_OFFICES) 

T<>. Anne Arundel County Environmental Health 

Director (AA Co Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Baltimore City Environmental Health Director (BA 

Cty Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Baltimore County Environmental Health Director 

(BA Co Env Health 

Director.FIELD_OFFICES_PO FIELD_ OFFICES) 

To· Baltimore County Environmental Health Director 2 

(BA Co Env Health 

Director2 FIELD_OFFICES_PO FIELD_OFFICES) 

CC· Bnan Hug (bhug@mde state md us) 

To Calvert County Environmental Health Director (CA 

Co Env Health 

Director FIELD_OFFICES_PO FIELD_ OFFICES) 

To: Caroline County Enwonmental Health Director 

(CO Co Env Health 

D1rector FIELD_OFFICES_PO FIELD_OFFICES) 

To Carroll County Environmental Health Director (CL 

Co Env Health 

D1rector FIELD_OFFICES_PO FIELD_OFFICES) 

To Cecil County Enwonmental Health Director (CE 

Co Env Health 

Director FIELD_ OFFICES_PO. FIELD_ OFFICES) 

To. Charles County Environmental Health Director 

(CH Co Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Dorchester County Environmental Health Director 

(DO Co Env Health 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Frederick County Environmental Health Director 

(FR Co Env Health 

D1rector.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Garrett County Environmental Health Director (GA 

Action 

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Comment 

To· Harford County Environmental Health Director (HA 1111412012 550 5 11 

Co Env Health Undeliverable http//support.google com/maiVbin/answer.py? 

D1rector FIELD_OFFICES_PO FIELD_OFFICES) 2.

47 PM answer=6596 xo9sl19531800pbc.283 

To Howard County Environmental Health Director 

(HO Co Env Health 

D1rector FIELD_OFFICES_PO FIELD_OFFICES} 

To Kent County Enwonmental Health Director (KE 

Co Env Health 

D1rector FIELD_OFFICES_PO FIELD_OFFICES) 

CC Mary Jane Rutkowski 

(mrutkowski@mde.state.md.us) 

CC: Molla Sarros (MSarros@mde.state.md.us) 

To: Montgomery County Environmental Health 

Transferred 

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Third-Party 

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file:///C:!Users/jwilkinson/AppData/Localffemp/XPgrpwise/50A3AEEBMDEDOMpo21i... ll/30/2012 
Director (MO Co Env Health Transferred Director.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Montgomery County Environmental Health 

Director 2 (MO Co Env Transferred 

Protection.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Montgomery County Wells and Permits (MO Co 

Permits and Transferred 

Wells.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: Prince Georges County Environmental Health 

Director (PG Co Env Health Transferred 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) , Tp:·Queen Annes County Environmental Health .. Director (QA Co Env Health Transferred 

Director. FIELD_ OFFICES _PO.FIELD _OFFICES) 

CC: Randall Carroll (rcarroll@mde.state.md.us) Third-Party 

Downloaded 

CC: Roger Thunell (rthunell@mde.state.md.us) Third-Party 

Downloaded 

To: Somerset County Environmental Health Director 

(SO Co Env Health Transferred 

Director.FIELD_OFFICES_PO.FIELD_OFFICES) 

To: St Marys County Environmental Health Director 

(SM Co Env Health Transferred 

Director. FIELD_ OFFICES _PO.FI ELD _OFFICES) 

To: Talbot County Environmental Health Director (TA 

Co Env Health Transferred 

Director. FIELD_ OFFICES _PO.FIELD _OFFICES) 

CC: Timothy Wallace (twallace@mde.state.md.us) Third-Party 

Downloaded 

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Subject: 

Created By: 

Notice of Mary and CertificatiOn for Clean Arr· Act Section 11 O(a) (2). Ozone Infrastructure SIP 

iwilkinson@mde.state.md.us 

Scheduled Date: 

Creation Date: 

From: 

Recipient 

11/1 4..12012 3 07 PM 

Jrm Wrlkrnson 

To: ali.mirzakhalili@state.de.us (ali.mirzakhalili@state.de.us) 

CC· Angelo Bianca (abianca@mde.state.md.us) 

To:, bill.o'sllllivan@dep.state.nj.us 

(bill:o'sullivan@dep.state.nj.us) 

;. 

CC: Brian Hug (bhug@mde.state.md.us) 

To: cecily.beall@dc.gov (cecily.beall@dc.gov) 

CC: Debbie Rabin (drabin@mde.state.md.us) 

CC: Diane Franks (dfranks@mde.state.md.us) 

CC: frankford.harold@epa.gov (frankford.harold@epa.gov) 

To: JohnABenedict@wv.gov (John.A.Benedict@wv.gov) 

CC. Mary Jane Rutkowski (mrutkowski@mde.state.md.us) 

To: mgdowd@deq.virginia.gov (mgdowd@deq.virginia.gov) 

CC: Molla Sarros (MSarros@mde.state.md.us) 

CC: powers.marilyn@epa.gov (powers.marilyn@epa.gov) 

To: ranbordner@state.pa.us (ranbordner@state.pa.us) 

CC: Roger Thunell (rthunell@mde.state.md.us) 

BC: Sally Frampton (sframpton@mde.state.md.us) 

CC: Tad Aburn (gaburn@mde.state.md.us) 

CC: Timothy Wallace (twallace@mde.state.md.us) 

·' 

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1

Statement of the Air and Radiation Management Administration 

Maryland Department of the Environment 

For the Public Hearing Concerning the 

Implementation, Maintenance, and Enforcement of the 8-hour Ozone 

National Ambient Air Quality Standard 

State Implementation Plan 

Held on December 21, 2012

Good morning. My name is Tim Wallace. I am a Regulatory and Compliance Engineer of the 

Air Quality Planning Program of the Air and Radiation Management Administration, Maryland 

Department of the Environment (MDE). 

This public hearing concerns Maryland's implementation, maintenance, and enforcement of the 

2008 75 ppb 8-hour ozone national ambient air quality standard State Implementation Plan. 

This public hearing is being held pursuant to federal law found at 42 U. S. C. § 7410(a) and 40 

CFR Parts 51.102 and 251. It is also being held in conformance with the State Administrative 

Procedure Act, under the State Government Article, beginning at Section 10-101. 

Notice of this public hearing appeared on the Maryland Department of the Environment's website on 

November 14, 2012 and remained on the website until the date of today's hearing. 

Copies of the notices will be submitted with the formal SIP submission package to the U.S. EPA. 

Access to the proposed documents was made available via the website of the Maryland 

Department of the Environment. Hard copies were also available at the Maryland Department of 

the Environment. 

The purpose of this hearing is to provide the public with an opportunity to formally comment on 

the proposed SIP document. 

Summary of Proposed State Implementation Plan 

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

determine if all necessary implementation, maintenance, and enforcement measures for the 

8-hour ozone National Ambient Air Quality Standard (NAAQS) are in place. §110(a)(2) of the 

Clean Air Act provides a detailed listing of various requirements for state implementation plans 

regarding the national ambient air quality standards. In this SIP document, each subparagraph 

from (A) through (M) is broken down, with various provisions supporting the requirements. 

The MDE has verified its authority, through this document, to implement the NAAQS. 

CONSIDERATION OF COMMENTS 
2

The Department will consider all pertinent comments, and revise the proposed plan if necessary, 

before making a final decision to adopt the plan and submit it to the U.S. Environmental 

Protection Agency for approval as a Maryland State Implementation Plan (SIP). 

The comment period for this SIP ends by 5 pm today. 
1 

1 MARYLAND DEPARTMENT Of THE ENVIRONMENT 

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION 

3 

4· ·' ;. 

5 PUBLIC HEARING 

6 IMPLEMENTATION, MAINTENANCE , 

7 AND ENFORCEMENT QUALITY Of THE 8-HOUR OZONE 

8 NATIONAL AMBIENT AIR QUALITY STANDARD 

9 STATE IMPLEMENTATION PLAN 

10 

11 

12 DECEMBER 21 , 2012 

13 10 : 00 a . m. 

14 

15 

16 Montgomery Park Business Center 

17 1800 Washington Boulevard 

18 Baltimore, Maryland 21230 

19 

20 Reported by : Kathleen Vetters 

21 

22 

For The Record, Inc. 

(30 l ) 8 70-8025 - www .ftri nc.net - (800) 921 -5555 
2 

1 A T T E N 0 E E S 

2 

3 Ms . Molla Sarros , MOE 

4 Mr . Tim Wallace, MOE ;. 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

For The Record, Inc. 

(30 1) 870-8025 - www.ftrinc. net - (800) 921 -5555 
3 

1 P R 0 C E E D I N G S 

2 

3 MS. SARROS: Good morning. On behalf of the 

4 Department of the Envir6~ment and the Air and Radiation 

5 Management Administration, I would like to welcome you 

6 to this public hearing. 

7 My name is Molla Sarros and I am a Natural 

8 Resources Planner in the Air and Radiation Management 

9 Administration. I will serve as hearing officer for 

10 today' s hearing. 

11 I would like to ask all of you in attendance 

12 today to please sign in, if you haven't already done 

13 so. This will help us to keep an accurate record of 

14 anyone who participates in the hearing. Also, copies 

15 of the proposed State Implementation Plan and the 

16 Department's statement are available on the table for 

17 your information. 

18 This hearing concerns the Implementation, 

19 Maintenance, and Enforcement of the 8-hour Ozone 

20 National Ambient Air Quality Standard State 

21 Implementation Plan (SIP). 

22 The purpose of this hearing is to give you 

For The Record, Inc. 

(30 1) 870-8025 - www.ftrinc.net- (800) 921 -5555 
4 

1 the opportunity t o comment on this proposed plan which 

2 outlines Maryland's authority regarding the 

3 Implementation, Maintenance, and Enforcement of the 

~ 2008 75 parts per bilJion (ppb) 8-hour Ozone National 

5 Ambient Air Quality Standard. 

6 Notice of this public hearing has appeared on 

7 The Maryland Department of the Environment's website 

8 home page and public meetings page on November 14, 

9 2012, and remained on the website until today's 

10 hearing. 

11 The hearing will proceed in the following 

12 order. First, I will introduce Tim Wallace, the 

13 representative of the Air and Radiation Management 

14 Administration. After Mr. Wallace is finished, I will 

15 call on any elected official or government official who 

16 wants to make a statement. Then I will call upon 

17 anyone else who indicated on the sign-in sheet that he 

18 or she would like to make a statement. Hearing none, 

19 we will go off the record for a brief recess. 

20 (Whereupon, a brief 

21 recess was taken.) 

22 MS. SARROS: Well, the time now is 10:32 a.m. 

For The Record, Inc. 

(30 l) 870-8025 - www.ftrinc.net - (800) 921 -5555 
5 

1 Let the record show that no one has attended this 

2 hearing. Let me introduce the representative for the 

3 Maryland Department of the Environment. If you would, 

4' please? 

5 MR. WALLACE: Yes, good morning. My name lS 

6 Timothy Wallace. I am a Regulatory and Compliance 

7 Engineer of the Air Quality Planning Program of the Air 

8 and Radiation Management Administration, Maryland 

9 Department of the Environment. 

10 MS. SARROS: Thank you. I would like to ask 

11 the court reporter to enter Mr. Wallace's complete 

12 hearing statement into the record. 

13 MR. WALLACE: This public hearing concerns 

14 Maryland's Implementation, Maintenance, and Enforcement 

15 of the 2008 75 ppb 8-hour Ozone National Ambient Air 

16 Quality Standard State Implementation Plan. 

17 This public hearing is being held pursuant to 

18 federal law found at 42 U.S.C. Section 7410(a) and 40 

19 CFR Parts 51.102 and 251. It is also being held in 

20 conformance with the State Administrative Procedure 

21 Act, under the State Government Article, beginning at 

22 Section 10-101. 

For The Record, Inc. 

(30 1) 870-8025 - www.ftrinc.net - (800) 921-5555 
6 

1 Notice of this public hearing appear e d on the 

2 Maryland Department of the Environment's website on 

3 November 14, 2012 and remained on the website until the 

4' date of today' s heari:ng. 

5 Copies of the notices will be submitted with 

6 the formal SIP submission package to the U.S. EPA. 

7 Access to the proposed documents was made 

8 available via the website of the Maryland Department of 

9 the Environment. Hard copies were also available at 

10 the Maryland Department of the Environment. 

11 The purpose of this hearing is to provide the 

12 public with an opportunity to formally comment on the 

13 proposed SIP document. 

14 Summary of Proposed State Implementation 

15 Plan: The purpose of this document is to examine 

16 Maryland's State Implementation Plan (SIP) and 

17 determine if all necessary implementation, maintenance, 

18 and enforcement measures for the 8-hour Ozone National 

19 Ambient Air Quality Standard (NAAQS) are in place. 

20 Section 110 (a) (2) of the Clean Air Act provides a 

21 detailed listing of various requirements for state 

22 implementation plans regarding the national ambient air 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
7 

1 quality standards. In this SIP document, each 

2 subparagraph from (A) through (M) is broken down, with 

3 various provisions supporting the requirements. 

' 4' The MOE has~verified its authority, through 

5 this document, to implement the NAAQS. 

6 Consideration of Comments: The Department 

7 will consider all pertinent comments, and revise the 

8 proposed plan if necessary, before making a final 

9 decision to adopt the plan and submit it to the U.S. 

10 Environmental Protection Agency for approval as a 

11 Maryland State Implementation Plan (SIP). 

12 The comment period for this SIP ends by 5:00 

13 p.m. today. A summary of all comments received will be 

14 answered in writing and published with the final SIP 

15 document. 

16 MS. SARROS: Let the record reflect that it 

17 is now 10:33 a.m. and this hearing is officially 

18 concluded. 

19 (Whereupon, the hearing 

20 was concluded.) 

21 

22 

For The Record, Inc. 

(301) 870-8025- www.ftrinc.net- (800) 921-5555 
8 

1 CERTitiCATE Ot COURT REPORTER 

2 

3 I , Kathleen Vetters, a Notary Public of the 

4 State of Maryland, Co8nty of Baltimore , do hereby 

5 certify the foregoi ng proceeding was recorded verbat i m 

6 by me and this tra n script is a true record of the 

7 proceedings . 

8 I furthe r certify that I am not of counsel to 

9 any of the parties, nor in any way interested in the 

10 outcome of this action . 

11 As witness my hand and notarial seal this 

12 26th day of December, 2012 . 

13 

14 

15 KATHLEEN VETTERS , Court Reporter 

16 NOTARY PUBLIC 

17 

18 My Commission Expires : November 19 , 2015 

19 

20 

21 

22 

For The Record, Inc. 

(30 1) 870-8025 - www.ftrinc.net - (800) 921 -5555 
MDE 

Name 

(please print) 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

AIR AND RADIATION MANAGEMENT ADMINISTRATION 

PUBLIC HEARING CONCERNING STATE IMPLEMENTATION PLAN (SIP) 

Implementation, Maintenance, and Enforcement of the 

2008 8-hour Ozone National Ambient Air Quality Standard SIP 

December 21, 2012 

Signature Organization or Address 

Affiliation 

No c {\~ (l-t\ € V1 d_e ~. 

Do You How did you 

Wish To find out about 

Testify? this hearing? 

,. 

._ 
MDE 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore MD 21230 

410-537-3000 • 1-800-633-61 01 • www.mde.state.md.us 

Martin O'Malley 

Governor 

Robert M. Summers, Ph.D. 

Anthony G. Brown 

Lieutenant Governor 

Linda C. Janey, J.D., Assistant Secretary 

Clearinghouse and Communications 

'November 15, 2012 

Maryland State Clearinghouse for Intergovernmental Assistance 

Maryland Office of Planning 

301 West Preston Street 

Baltimore MD 21201 

Dear Ms. Janey: 

Secretary 

I am enclosing a copy of the introductory sections of the State of Maryland Ozone Infrastructure State 

Implementation Plan (SIP). Section 110(a) of the federal Clean Air Act requires that each SIP provide 

for the implementation, maintenance, and enforcement of the National Ambient Air Quality Standards 

(NAAQS). This section also requires that within three years of the promulgation of a NAAQS, a state 

must adopt and submit such a plan to U.S. Environmental Protection Agency. 

These "infrastructure SIPs" provide assurances of state resources and authorities, and where necessary, 

establish the basic state programs to implement, maintain and enforce new or revised standards. This 

document summarizes where the § 11 O(a) (2) requirements for the 2008 revised ozone NAAQS are 

addressed in Maryland's current SIP or pending SIP revisions. This document may be viewed here: 

http://www .mde.state.md. us/programs/ Air/ A irQuality P lanning/Pages/programs/airprograms/air planni 

ng/index.aspx. 

A public hearing, as required by federal law (42 U.S.C. 7410 (a) and 40 CFR 51.102) will be held on 

December 21,2012 at 10:00 a.m. in MDE's first-floor conference room. The official close of the 

comment period occurs at the end of business hours on December 21, 2012. If you have any comments 

on this submittal, please call me at (410) 537-3240. 

Sincerely, 

7 ./> r; I /.1/ tY ot'<(_ z._ ... /kttbC. 

Roger E. Thunell 

Chief, SIP Planning Division 

cc: Diane Franks, Manager Air Quality Planning Program 

Brian Hug, Deputy Air Quality Planning Program 

~ Recycled Paper www. mde.state.md.us TTY Users 1·800-735-2258 

Via Maryland Relay Service 
r I D .--o'""""') ___________ sustainab/e_Attainab/e 

Maryland Department of Planning 

r 

r 

Mr. Roger Thune II 

Chief, SIP Planning Division 

Maryland Department of the Environment 

1800 Washington Boulevard 

Baltimore, MD 21230 

November 26, 2012 

·' ;. 

STATE CLEARINGHOUSE REVIEW PROCESS 

State Application Identifier: MD20121119-0812 

Project Description: Implementation, Maintenance, and Enforcement of the 8-hour Ozone National Ambient 

Air Quality Standard State Implementation Plan 

Project Location: Maryland 

Clearinghouse Contact: Sophia Richardson 

Dear Mr. Thunell: 

Thank you for submitting your project for intergovernmental review. Participation in the Maryland 

Intergovernmental Review and Coordination (MIRC) process helps ensure project consistency with plans, 

programs, and objectives of State agencies and local governments. 

Notice of your application is being provided to State and local public officials through the Intergovernmental 

Monitor, which is a database of projects received by the State Clearinghouse for Intergovernmental Assistance. 

This information may be viewed at http://planning.maryland.gov/emircpublic/ . The project has been assigned a 

unique State Application Identifier that should be used on all documents and correspondence. 

If you need assistance or have questions, contact the State Clearinghouse staff noted above at 410-767-4490 or 

th1·ough e-mail at srichardson@mdp.state.md.us. Thank you for your cooperation with the MIRC process. 

Sincerely, 

Linda C. Janey, J.D., Assistant Secretary 

P.S. Great News/! Your project may be eligible to be "FastTracked" through the State permitting processes. 

For more information, go to: http://easy.maryland.gov/wordpresslfasttrack/. 

LCJ:SR 

Enclosure(s) 

cc: U.S. Environmental Protection Agency 

Martin O'Malley, Governor 

Anthony G. Brown. Lt. Governor 

12-08/l_NM.NEW.doc 

Richard Eberhart Hall, AICP, Secretary 

Matthew J. Power, Deputy Secretary 

301 West Preston Street - Suite 1101 - Baltimore - Maryland - 21201 

Tel: 410.767.4500 - Toll Free: 1.877.767.6272 - TIY users: Maryland Relay - Planning.Maryland.gov 
Molla Sarros 

STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

& ENVIRONMENTAL CONTROL 

DIVISION OF AIR QUALITY 

655 S. Bay Road, Suite 5N 

DOVER, DELAWARE 19901 

December 21,2012 

Maryland Department of the Environment 

Air and Radiation Management Administration 

1800 Washington Boulevard, Ste. 730 

Baltimore, Maryland 21230 

Telephone: (302) 739 9402 

Fax No.: (302) 739 3106 

Subject: Delaware's comments on Maryland's § IIO(a)(2)(A)-(M) State Implementation Plan 

(SIP) Draft for the 2008 8-hour Ozone National Ambient Air Quality Standards 

(NAAQS) 

Dear Ms. Sarros, 

Thank you for this opportunity to submit comments on Maryland's proposed SIP revision 

titled, "Implementation, Maintenance, and Enforcement of the 8-hour Ozone National Ambient 

Air Quality Standard State Implementation Plan," dated December, 2012. The State of 

Maryland's air pollution control program is to be commended for its tine work and progress in 

improving air quality over the years. Maryland is truly a leader in addressing regional air 

pollution concerns. Like Maryland, Delaware has endured unhealthy air quality relative to the 

pollutant ozone for more than 40-years. 

Delaware has controlled its emission sources at considerable expense, yet it is still 

monitoring nonattainment for the most recent 2008 0.075 ppm ozone NAAQS. Much of 

Delaware's ozone problems are due to emissions from outside of Delaware. In fact, based on 

EPA modeling as much as 90% of Delaware's ozone problems are attributable to emissions from 

outside of Delaware. EPA Cross State Air Pollution Rule (CSAPR) 2012 base case modeling 

indicates that emissions from Maryland contribute more than 23 ppb to ozone concentrations in 

Delaware -almost one third of the NAAQS. EPA has determined that any impact greater than 

I% of the standard is significant, so based on CSAPR modeling emissions from Maryland 

significantly impact Delaware (i.e., 23 ppb is greater than 0.75 ppb). 
Molla San·os 

December 21, 2012 

Page 2 

CAA § II O(a)(2)(D) requires Maryland's SIP to contain adequate provisions prohibiting 

any source or other type of emissions activity within the state from emitting any air pollutant in 

amounts which will contribute signif1cantly to nonattainment in, or interfere with maintenance 

by, any other state with respect to any such NAAQS. We have reviewed Maryland's draft SIP, 

and acknowledge that Maryland has implemented many measures to reduce the emission of 

volatile organic compound (VOC) and nitrogen oxide (NOx) emissions, such as 

Maryland's Clean Car program and Healthy Air Act. However, the draft SIP does not 

appear to provide information sufficient for Delaware to determine if Maryland has 

complied with II O(a)(2)(D). 

Relative to II O(a)(2)(D), Maryland's draft SIP document appears to be a listing of the 

control measures Maryland has adopted, rather than an evaluation or demonstration as to how 

these control measures satisfy the requirements of IIO(a)(2)(D). For example, there appears to 

be no substantive evaluation of the effectiveness of the listed control measures in reducing 

emissions, and no identification and evaluation of the cost effectiveness of additional measures 

Maryland could adopt to reduce its emissions and to further mitigate its impact on downwind 

states including Delaware. Without this type of analysis Delaware cannot conclude whether or 

not Maryland has adequate measures in its SIP that prohibit its emission sources from 

contributing significantly to downwind states' non-attainment or maintenance issues under the 

2008 0.075 ppb standard. 

Delaware requests that Maryland conduct an analysis that l) identifies the emissions from 

all non-trivial VOC and NOx emitting sources and source categories in Maryland, 2) identifies 

potential additional control measures that Maryland could adopt to reduce emissions f1·om each 

of those sources and source categories, and 3) evaluates the cost effectiveness of the identified 

potential additional measures to demonstrate the level of control Maryland's current SIP 

measures provide. Delaware believes that in order to demonstrate that Maryland has met its 

obligations under II O(a)(2)(D) is must demonstrate that additional opportunities for controlling 

emissions are either outside of Maryland's regulatory authority, impractical as a "Maryland 

only" initiative, or carry an additional incremental cost in excess of at least $5,000 per ton. Note 

that Delaware has conducted this same type of analysis and has recommended that the EPA 

establish it and a $5,000 per ton cost threshold as criteria for evaluating all transport SIPs. 

In addition to conducting the analysis discussed above, Delaware believes the following 

specific measures in Maryland's SIP may not be sufficient to mitigate the impacts from the State 

of Maryland upon the air quality in Delaware, and encourages Maryland to consider additional 

air pollution control requirements, with state-wide applicability, such as: 

I. Adopting all of the OTC model rules and model rule updates that Maryland has not 

yet adopted. These model rules are regional measures to reduce VOC and NOx 

emissions, and full implementation of these measures in Maryland may reduce 

Maryland's ozone impact on Delaware. 
Molla Sarros 

December 21, 2012 

Page 3 

2. Revising Maryland's distributive generator regulation to not allow, without 

exception, uncontrolled diesel generators to peak shave except during power outages. 

Uncontrolled diesel generators used for peak shaving do not operate many hours per 

year, but are I) very high NOx emitters, 2) often operate at times conducive to ozone 

formation, and 3) are projected to be utilized and relied upon much more in the future 

than in the past. Delaware believes Maryland could make their distributive 

generation regulation better by closing a loop-hole that allows diesel generators to 

operate as load shaving units, uncontrolled, for up to I 0 hours during the ozone 

season (i.e., May I through September). For example, consider the operation of 

uncontrolled diesel generators in the context of Maryland's excellent Clean Cars 

Program. 

• Maryland has estimated their Clean Cars Program will provide in 2020 about 

2.9 tons per day more NOx reductions when compared to existing federal Tier 

2 standards. 

• An uncontrolled I MW diesel generator emits about 32.2 lbs ofNOx per hour 

of operation. 

• This means that it would take only about 180 of these generators operating for 

I hour to fully negate the 2020 benefit of Maryland's Clean Cars program on 

the day they operate. 

In addition, Maryland provides an alternative compliance method that allows load 

shaving units to, in lieu of installing emission controls, achieve compliance by 

securing ozone season NOx allowances, at a 3: I or 5: I discounted rate, to offset NOx 

emitted for load shaving that is beyond the exempted I 0 hours. Delaware believes 

any type of allowance purchase, regardless of the discount rate, may completely 

negate the effectiveness of the program because allowance cost is very low relative to 

control cost and relative to the financial benefit achieved from peak shaving. 

Building on the example above: 

• 2. 9 tons of NOx emissions would require about 15 ozone season NOx 

allowances be secured and retired. 

• Based on an allowance cost of $350, this alternative compliance method 

would cost about $5,250. 

• In comparison, the financial benefit for a I MW generator participating in a 

PJM peak shaving program is on the order of $60,000 to $80,000 per year. 

Delaware recommends Maryland consider removing the I 0 hour exemption and the 

alternative compliance method from its regulation, which would reduce Maryland's 

ozone impact on Delaware. 

3. Revising the requirements of Maryland's Healthy Air Act to include short term 

average emission limitations. It is Delaware's opinion that NOx control regulations 

should include a short term NOx emissions rate limit protective of National Ambient 
Molla Sarros 

December 21, 2012 

Page4 

Air Quality Standards (NAAQS). For ozone, the NAAQS is based on a 8-hour 

averaging period. Long term emission limits, such as annual or seasonal NOx mass 

emissions caps, do not ensure that NOx emissions from subject sources are emitted at 

rates that do not compromise compliance with short term NAAQS. Without a short 

term enforceable NOx emissions rate limitation, a subject unit's potential to emit is 

the only emissions limiting factor over the short term. NOx emissions rate limits with 

short averaging periods (no greater than rolling 24-hour periods) should be included 

to ensure protection of the short term ozone NAAQS in downwind states. 

For example, Maryland's Healthy Air Act includes annual and ozone season NOx 

mass emissions caps for subject units. However, the Healthy Air Act does not 

include any short term NOx emission rate limits for those units. While the Healthy 

Air Act ensures control of NOx emissions reductions over annual and ozone season 

periods, the Healthy Air act may not ensure that NOx emission rates over any given 

short period are representative of the annual and seasonal requirements. This can be 

seen in the NOx emissions rate data for some of Maryland's coal-fired units for 2011 

taken from the EPA's AMPD. The data below represents the individual unit's daily 

average NOx emission rates only for those days where the data indicates that the unit 

operated for entire 24-hours in the respective calendar day. The value for average of 

2011 daily NOx rates was calculated as the average of all of the respective unit's 

daily NOx emission rates when the unit operated for all 24 hours in the calendar day, 

not simply the average of the low and high values. 

2011Low 2011High 

DailyNOx DailyNOx Average of 2011 Days Days 

Rate Rate Daily NOx Rates Below Above 

Fadlity Lklit (lb/MVBTU (lb/MVBTU (lb/MVBU) Average Average 

Brandon Shores 1 0.0345 0.4979 0.15.58 1ffi 94 

Brandon Shores 2 0.0585 0.6268 0.1655 232 00 

CP. Crane 1 0.2134 0.7051 0.4344 85 79 

CP. Crane 2 0.1817 0.7482 0.3865 1a3 75 

H.A. 11\tagner 2 0.2776 0.5675 0.3624 172 113 

H. A. 11\tagner 3 0.0486 0.2962 0.1029 153 52 

RP. Srrith 11 0.183 0.4389 0.2959 31 22 

d1alkPoint 1 o.on 0.3705 0.1006 122 114 

d1alkPoint 2 0.1495 0.4541 0.2423 207 98 

Didkerson 1 0.2219 0.3548 0.2702 88 59 

Didkerson 2 0.21a3 0.3712 0.2735 99 76 

Didkerson 3 0.2027 0.3712 0.2689 105 74 

IVbrgantown 1 0.014 0.2024 0.0351 175 120 

IVbrgantown 2 0.0168 0.1316 0.0322 183 144 
Molla Sarros 

December 21, 20 12 

Page 5 

It can be seen in the data that there is a wide range of low to high daily average NOx 

emission rates, sometimes on an order of magnitude difference. In several cases the low 

daily NOx emission rate values are indicative of well controlled units, while for the same 

unit the high daily NOx emission rate value is more representative of a unit with few 

NOx controls. The number of days with the respective unit operating above and below 

average value is an indication that the existing long term mass emissions limitations do 

not assure unit operation with NOx control as a priority on a full time basis. It is 

Delaware's opinion that appropriate short term NOx emission rate limits would serve to 

require operation of the respective units more consistently in a manner appropriate to 

good NOx emissions control. Delaware believes adding short term limits would make 

Maryland's excellent Healthy Air Act even better, and would reduce Maryland's ozone 

impact on Delaware. 

We appreciate the effective air pollution controls Maryland has in place, the 

extensive research work Maryland has done relative to transported air pollution, 

and Maryland's continued efforts to support the development of necessary federal 

and regional measures to meet and maintain the ozone standard. Thank you for the 

oppmiunity to comment upon your draft SIP. Should you have any questions, please call me 

at (302) 73 9-9402, and I look forward to working with you in the future. 

Sincerely, 

1 r1 

'! 

Ron Amirikian 

Planning Branch Manager 
1

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

RESPONSE TO COMMENTS 

for the 

PUBLIC HEARING and SUBMISSIONS 

Regarding: 

Implementation, Maintenance, and Enforcement of the 2008 8-hour Ozone 

National Ambient Air Quality Standard State Implementation Plan (SIP) 

Dates and Locations: A public hearing was held on December 21, 2012 at MDE Headquarters, 

1800 Washington Boulevard, in Baltimore, Maryland.

The Hearing and Comment Period: The public hearing allowed public comment on a 

document prepared for the U.S. Environmental Protection Agency pertaining to the ozone (O3) 

infrastructure SIP for the 2008, 0.075 ppm, revised ozone National Ambient Air Quality 

Standard (NAAQS, or “standard”). This SIP was released for public comment and review on 

November 14, 2012. Prior to the hearing, the public was urged to express their concerns via the 

standard U.S. Postal Service mail or by email submission.

Statement: At the hearing, the Department’s statement was read into the record by Timothy 

Wallace, Regulatory and Compliance Engineer, who represented the Air Quality Planning 

Program of the Air and Radiation Management Administration. Molla Sarros served as the 

hearing officer. 

Comments and Responses: The Department did not receive any oral comments at the hearing 

but did receive one set of written comments on December 21, 2012, from the State of Delaware 

Department of Natural Resources & Environmental Control, Division of Air Quality. The 

comments and responses are summarized below. A copy of the comment letter is included in the 

“Comments” section of this SIP. 

1. Comment: The commenter commends the state of Maryland for its air quality progress. 

The commenter also expresses its appreciation for the air pollution controls Maryland has in 

place, Maryland’s extensive research regarding transported air pollution, and Maryland’s 

ongoing efforts to support the development of federal and regional measures for attainment 

and maintenance of the ozone standard. 

Response: The Department thanks the comment for their appreciation and recognition of 

Maryland’s many efforts regarding air quality. 

2. Comment: The commenter stated that EPA’s Cross State Air Pollution Rule (CSAPR) 

modeling indicates that Maryland emissions significantly affect their state. The commenter 

states that Maryland’s SIP does not contain sufficient information to ascertain whether 

Maryland has complied with Clean Air Act (CAA) Section 110(a)(2)(D) because the SIP 

does not contain any demonstration of the effectiveness of the listed controls or evaluation of 
2

the cost effectiveness of the controls. To demonstrate the level of control Maryland's current 

SIP measures provide, the commenter requests that Maryland identify all non-trivial VOC 

and NOx emitting sources and source categories in Maryland, identify potential additional 

control measures that Maryland could adopt to reduce emissions from each of those sources 

and source categories, and evaluate the cost effectiveness of the identified potential 

additional measures. 

Response: As part of this SIP submission, Maryland has offered a discussion of how it 

has and will continue to alleviate its significant contribution to ozone transport to other 

states. The EPA’s CSAPR modeling established limits to alleviate ozone transport. 

Maryland has required controls that come very close to meeting that limit for electric 

generating units (EGUs). With the closure of the R. Paul Smith power plant, Maryland 

will achieve those limits. In this SIP, Maryland listed the additional controls in order to 

show that we have adopted more extensive controls over a broader range of sources than 

EPA modeled to comply with CSAPR recommended limits and our Section 110(a)(2)(D) 

obligations. 

Maryland has prepared and submitted a number of comprehensive inventories and 

demonstrations and will do so again as a state having a moderate nonattainment area 

under the 0.075 ppm ozone standard. Maryland will also need to achieve at least another 

15% reduction in VOC and NOx emissions. In this light, Maryland has reviewed these 

source categories for additional measures. At this time, most VOC measures have 

control costs above $5,000 per ton. NOx controls are somewhat less expensive. 

Particularly, the EGU costs to control NOx are currently about $1,500 per ton, which is 

three times the level ($500 per ton) that EPA has determined is reasonable in the CSAPR 

analysis. Maryland currently does not have a specific cost effectiveness limit, such as 

$5,000 per ton, but it has adopted controls both above and below that limit. 

Maryland is submitting additional materials to EPA in January 2013, after this SIP 

submission, that will cover modeling data demonstrating its attainment of its Section 

110(a)(2)(d) responsibility to downwind states. 

3. Comment: The commenter indicates its belief that, for Maryland to demonstrate it is 

already in compliance with Section 110(a)(2)(D), Maryland must demonstrate that additional 

opportunities for controlling emissions are outside the state’s regulatory authority, are 

impractical as a “Maryland only” initiative, or carry an additional incremental cost of more 

than $5,000 per ton. 

Response: Maryland does not agree with the commenter that use of a $5,000 per ton cost 

threshold would be appropriate for assessing Maryland’s compliance with Section 

110(a)(2)(D). Establishing an across-the-board $5,000 per ton threshold for Maryland 

places an unfair economic burden on Maryland small businesses, and any threshold 

should be applied equally across states, for example, in the context of federal rulemaking. 

In CSAPR, EPA relied on a $500 per ton threshold for NOx controls. A cost per ton 

threshold such as $5,000 per ton is also impractical applied as a “Maryland only” 

initiative and should be implemented regionally or nationally. 
3

Also, rules that are expected to bring the largest reductions in regional NOx emissions are 

indeed outside of Maryland’s regulatory authority. Tier 3 and a new low sulfur fuel 

standard are among the federal rules that Maryland continues to urge EPA to implement 

to bring significant NOx reductions. At the same time, Maryland continues to research 

and implement control measures that would bring additional NOx reductions in 

Maryland, toward Maryland’s attainment of the 0.075 ppm ozone standard. 

4. Comment: The commenter states that Maryland should adopt all of the OTC model rules. 

Response: Maryland has adopted all of the Phase 1 (2001) and Phase 2 (2006) OTC 

model rules. Maryland has begun adopting the completed OTC Phase 3 (2009/2010) 

rules. The Motor Vehicle and Mobile Emission Refinishing and Repair regulation is 

fully adopted. Other model rules are already in progress. As noted above, most of the 

VOC measures will have costs greater than $5,000 per ton. Maryland believes that each 

of these measures should be considered individually, since, as previously noted, 

establishing an across-the-board $5,000 per ton cost threshold for Maryland places an 

unfair economic burden on Maryland small businesses, compared with small businesses 

in states with lower costs for controls. 

5. Comment: The commenter states that Maryland should revise its distributed generation 

(DG) regulations to eliminate the following provisions: the 10 hour exemption for 

participation in demand response programs by uncontrolled diesel generators, and the 

alternative compliance provision which allows sources to purchase allowances to offset any 

NOx emitted beyond the 10 hour exemption. 

Response: Maryland agrees with the commenter’s statement and has begun a 

stakeholder process to inform sources of Maryland’s intent to eliminate these provisions. 

Maryland believes, however, that the current regulations have produced significant NOx 

reductions toward the goal of eliminating ozone transport on high ozone days. Maryland 

has also adopted regulations (COMAR 26.11.36.04) requiring reporting of demand 

response activities by curtailment service providers (CSPs). 

6. Comment: The commenter states that Maryland should revise its Healthy Air Act (HAA) 

regulations to include short-term limits for EGUs as well as the current annual and ozone 

season caps. 

Response: Maryland agrees with the commenter’s statement and is working on shortterm NOx standards for coal-fired power plants in Maryland. As Maryland has a 

moderate nonattainment area for the 0.075 ppm ozone standard, Maryland will need these 

revisions to comply with the 0.075 ppm standard. Maryland believes that these revisions 

are needed to protect public health within Maryland.