# 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 O zone 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

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# This Page Left Intentionally Blank

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# TABLE OF CONTENTS

1 .0 INTRODUCTION............................................................................................................. 4 M ARYLAND 

### ’ S 

### A PPROACH 

### ............................................................................................................ 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 A PPENDIX 

### A: M ARYLAND 

### NO X 

### RACT R EGULATIONS UNDER THE 

### 8-H OUR 

### O ZONE 

### NAAQS ... 23 A PPENDIX 

### B: M ARYLAND 

### VOC RACT R EGULATIONS UNDER THE 

### 8-H OUR 

### O ZONE 

### NAAQS... 24

### 4



# 1.0 Introduction

T he 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.



## ________________________________________________________________

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§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 SO 2 

### , 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 coveredstates in the CSAPR rulemaking. The results for this modeling are presented in Table B1 below.

Table B-1. 2012 & 2014 Ozone Season NO x 

### 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/ton 2 

### . 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 NO x Emissions for Major Stationary Sources

COMAR 26.11.14.07 Control of NO x 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 §§ 126 6 

### and 115 7 

### (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 § 128 8



### .

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 § 303 9 

### 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 § 121 10 

### (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 § 127 11 

### (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

B ased 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.23Appendix A: Maryland NOxRACT Regulations under the 8-Hour Ozone NAAQSSource CategoryCode of MarylandRegulations (COMAR)CitationSIP # & SIP Final Date(s)Approved by EPAFuel-Burning Equipment Located at Major Sources – General Requirements and Conditions 26.11.09.08A&B SIP 00-06, 2/8/2001Fuel-Burning Equipment with a Rated Heat Input Capacity of 250 MMBtu/hr or Greater 26.11.09.08CSIP 00-06, 2/8/2001Fuel-Burning Equipment with a Rated Heat Input Capacity of Less than 250 MMBtu/hr andGreater than 100 MMBtu/hr26.11.09.08DSIP 00-06, 2/8/2001SIP 02-06, 5/1/2003Fuel-Burning Equipment with a Rated Heat Input Capacity of 100 MMBtu/hr or Less 26.11.09.08ESIP 00-06, 2/8/2001Space Heaters26.11.09.08FSIP 00-06, 2/8/2001Fuel-Burning Equipment with a Capacity Factor of 15 Percent or Less26.11.09.08G(1)SIP 00-06, 2/8/2001Combustion Turbines with a Capacity Factor Greater than 15 Percent26.11.09.08G(2) SIP 00-06, 2/8/2001Hospital, Medical, and Infectious Waste Incinerators (HMIWI)26.11.09.08H(4) SIP 00-06, 2/8/2001Municipal Waste Combustors (MWC)26.11.09.08H(3) SIP 00-06, 2/8/2001Glass Melting Furnaces26.11.09.08I(1)&(2)SIP 00-06, 2/8/2001Industrial Furnaces and Other Miscellaneous Installations that Cause Emissions of NOx26.11.09.08JSIP 00-06, 2/8/2001Kraft Pulp Mills26.11.14.0726.11.09.08C(2)(h)‡Adopted in Marylandeffective 7/26/10, not yetsubmitted to EPA.SIP 00-06, 2/8/2001Portland Cement Manufacturing Plants26.11.29.0326.11.09.08H(1)&(2)‡SIP 00-05, 1/10/2001SIP 03-09, 3/22/2004SIP 00-06, 2/8/2001Stationary Internal Combustion Engines at Natural Gas Compression Stations26.11.29.05B & C26.11.09.08I(3)&(4)‡SIP 00-05, 1/10/2001SIP 03-09, 3/22/2004SIP 00-06, 2/8/200124Appendix B: Maryland VOC RACT Regulations under the 8-Hour Ozone NAAQSMaryland RegulationRule Applicability and RequirementsLatest SIP #Date AdoptedDate EPA ApprovedCOMAR 26.11.06Regulation .06General Emission Standards, Prohibitions,and RestrictionsVolatile Organic CompoundsApplies to VOC emitting installations above 20 pounds per day.Emissions are required to be controlled by 85% or more.SIP # 99-07Adopted 4/11/1995Approved 2/27/2003COMAR 26.11.10Regulations .01, .06, .07Control of VOCs from Iron and SteelProduction InstallationsEstablishes a standard for VOC emissions from the sinter plant.Requires installation of a CEM system, use of a "good managementpractices" manual.COMAR 26.11.19.02G requires major VOC sources to comply withRACT. There is one integrated steel mill in Maryland. Its total VOCemissions exceed the major source thresholdSIP# 01-01Adopted 12/5/2000Approved 11/7/01COMAR 26.11.11Control of Petroleum ProductsInstallations, includingAsphalt Paving andAsphalt Concrete PlantsApplies to the manufacture, mixing, storage, use, and application ofcutback and emulsified asphalts.Restricts cutback asphalt during the ozone season without approval.SIP# 93-05Adopted 3/26/93Approved 1/6/95COMAR 26.11.13Regulation .01B(4)amended definition of"Gasoline"Applies to sources that store and handle JP-4, a jet fuel.**SIP # 98-07 Adopted 7/18/97** **Approved 12/22/98**COMAR 26.11.13Regulations .01B(6-1), (13)Definitions of “Marine Vessel” and“Vapor Control System”Defines “Marine vessel” and “vapor control system”.**SIP# 07-12 Adopted 9/12/07** **Approved 7/18/08**25Maryland RegulationRule Applicability and RequirementsLatest SIP #Date AdoptedDate EPA ApprovedCOMAR 26.11.13Regulation .03ALarge Storage Tanks -Closed Top TanksApplies to gasoline liquid storage tanks with fixed roofs and withcapacity 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**#**91-02 Adopted 3/9/1991** **Approved 11/29/1994**COMAR 26.11.13Regulation .03 BLarge Storage Tanks -Open Top tanksApplies to gasoline storage tanks with external floating roofs and withcapacity 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, andemergency roof drains.SIP# 91-01BRecodification only from10.18 to 26.11 on 7/1/87Approved 11/3/92COMAR 26.11.13Regulation .04 ALoading 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**#**93-05 Adopted 3/26/1993** **Approved 1/6/1995**26Maryland RegulationRule Applicability and RequirementsLatest SIP #Date AdoptedDate EPA ApprovedCOMAR 26.11.13Regulation .04 BLoading 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# 81-01**Adopted 4/8/1981**Approved 5/11/1982COMAR 26.11.13Regulation .04 CLoading Operations – Small Storage TanksApplies to storage tanks with capacity greater than 2000 gallons but lessthan 40,000 gallons and requires Stage I vapor recovery.SIP# 93-05**Adopted 3/26/1993**Approved 1/6/1995COMAR 26.11.13Regulation .04 CLoading Operations – Small Storage TanksIncreases the gasoline storage tank capacity affected by Stage I vaporrecovery from the previous 250 gallon capacity to greater than 2,000gallons.SIP # 98-06Adopted 7/18/97Approved 9/2/98COMAR 26.11.13Regulation .05Gasoline Leaks from Tank TrucksApplies to gasoline tank trucks and requires compliance with standardsfor vapor-tightness.SIP# 93-02Adopted 1/18/1993Approved 9/7/1994COMAR 26.11.13Regulation .08Control of VOC Emissions from MarineVessel LoadingRequires owners or operators of barge loading facilities in theBaltimore/Washington areas to reduce captured VOC vapors by 90percent if emissions from the barge loading are ≥ 25 TPY. In rest ofState, controls are required if emissions are ≥ 50 TPY.SIP# 07-12Adopted 9/12/07Approved 7/18/08COMAR 26.11.14Regulations .01 and .06Control of VOC Emissions from KraftPulp MillsEstablishes RACT standards for VOC emissions from several processinstallations 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 dissolvingtanks, and other miscellaneous operations.SIP# 01-11Adopted 9/25/01Approved 11/7/0127Maryland RegulationRule Applicability and RequirementsLatest SIP #Date AdoptedDate EPA ApprovedCOMAR 26.11.19Regulations .01B(4) and .02 GControl of Major Stationary Sources ofVolatile Organic Compounds.Maryland's generic major source VOCRACT 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 # 95-14Adopted 4/13/19955/13/98COMAR 26.11.19Regulation .02 IGood Operating Practices, EquipmentCleanup, 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# 01-14Adopted 11/6/01Approved 2/3/03COMAR 26.11.19Regulation .03Automotive 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# 98-01Adopted 8/18/1997Approved 11/5/1998COMAR 26.11.19Regulation .04Can 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# 91-01BRecodification only from10.18 to 26.11 on 7/1/87Approved 11/3/92COMAR 26.11.19Regulation .05Coil 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# 91-01BRecodification only from10.18 to 26.11 on 7/1/87Approved 11/3/9228Maryland RegulationRule Applicability and RequirementsLatest SIP #Date AdoptedDate EPA ApprovedCOMAR 26.11.19Regulation .06Large Appliance CoatingRequires use of compliant coatings with a VOC content of less 2.8lbs/gal.SIP# 91-01BRecodification only from10.18 to 26.11 on 7/1/87Approved 11/3/92COMAR 26.11.19Regulation .07Paper, Fabric, Vinyl, and Other PlasticParts 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# 99-04Adopted 8/6/1997 &8/4/1998Approved 1/14/2000COMAR 26.11.19Regulation .07-1Solid Resin Decorative SurfaceManufacturingRequires control of 75 % emissions from solid resin decorative surfacemanufacturing operation with the help of a control device.SIP# 99-02Adopted 5/20/1998Approved 6/17/1999COMAR 26.11.19Regulation .08Metal Furniture CoatingRequires use of compliant coatings with a VOC content of less than 3.0lb/gal.SIP# 91-01BRecodification only from10.18 to 26.11 on 7/1/87Approved 11/3/92COMAR 26.11.19Regulation .09Control of VOC Emissions from Cold andVapor DegreasingRequires controls on vapor degreasing operations and applies to a personwho uses a VOC degreasing material for use in cold or vapor degreasing.SIP# 95-09Adopted 5/12/1995Approved 8/4/1997COMAR 26.11.19Regulation .10Flexographic andRotogravureThis regulation applies to any packaging rotogravure, publicationrotogravure, or flexographic printing process at a facility.The rule establishes the limits of VOC contents in coatings and inks usedin the covered facilities, and specify standards for control devices forvarious printing processes.SIP# 95-11Adopted 5/5/1995Approved 9/2/199729Maryland RegulationRule Applicability and RequirementsLatest SIP #Date AdoptedDate EPA ApprovedCOMAR 26.11.19Regulation .11Lithographic PrintingApplies to offset lithographic printing, including heatset and non-heatsetweb, non-heatset sheet-fed, and newspaper facilities.A 90 percent reduction of VOC emissions (by weight) from the pressdryer exhaust vent of heatset printing operations, limits the alcoholcontent in fountain solutions, and establishes standards for cleaningprinting equipment.SIP# 95-11Adopted 5/5/1995Approved 9/2/1997COMAR 26.11.19Regulation .12Dry Cleaning InstallationsApplies to petroleum dry cleaning facilities that consume 6000 gallons ormore petroleum solvent per year.The rule establishes emission limits or reduction requirements foremissions, inspection, repair and reporting requirements for dryers,filtration systems and other equipment.SIP# 91-03Adopted 7/24/1991Approved 9/7/1994COMAR 26.11.19Regulation .13Miscellaneous MetalCoatingApplies to any miscellaneous metal parts coating operation, and allowscoatings with a VOC content in the range of 3.0 to 4.3 lb/gal.**SIP# 91-02 Adopted 3/9/1991** **Approved 11/29/1994**COMAR 26.11.19Regulation .13-1Aerospace Coating OperationsApplies to aerospace coating operations and emission limits for coatingtypes range from 1.3 to 3.5 pounds per gallon. For over 50 specialtycoatings the standards go up to 10 lbs/gal.**SIP# 01-10 Adopted 9/25/2001** **Approved 11/7/2001**COMAR 26.11.19Regulation .13-2Brake Shoe Coating OperationsApplies to brake shoe coating operations establishes coating standardsand equipment cleanup standards and requires high transfer efficiencymethods for application of coating.**SIP# 99-03 Adopted 8/4/1998** **Approved 6/17/1999**30Maryland RegulationRule Applicability and RequirementsLatest SIP #Date AdoptedDate EPA ApprovedCOMAR 26.11.19Regulation .13-3Control of Volatile Organic Compoundsfrom Structural Steel Coating OperationsCoating standards are established for structural steel operations whichcan only be exceeded from November to March by 20 %. MinimizesVOC emissions from cleaning solvents.**SIP# 99-01 Adopted 6/5/1998** **6/17/1999**COMAR 26.11.19Regulation .14Manufacture of SynthesizedPharmaceutical ProductsEstablishes standards for the control of emissions from reactor,distillation operation, crystallizer centrifuge and vacuum dryer. Controlefficiency of 90 percent or more. Vapor balance systems are alsorequired.**SIP# 91-02 Adopted 3/9/1991** **Approved 11/29/1994**COMAR 26.11.19Regulation .15Paint, Resin and Adhesive and AdhesiveApplicationApplies to honeycomb core installation, footwear manufacturing andspiral tube winding and impregnating. Adhesive and resin standards areestablished for these operations.SIP# 93-02**Adopted 1/18/1993 Approved** 11/30/1993COMAR 26.11.19Regulation .16Control of VOC Equipment LeaksApplies to operations that are subject to the requirements in COMAR26.11.19 and without specific leak managementSIP# 91-03Adopted 7/24/1991**Approved**9/7/1994COMAR 26.11.19Regulation .17Control of Volatile Organic CompoundsEmissions from Yeast ManufacturingApplies to yeast manufacturing installation at a premises that has apotential to emit 25 tons or more per year of VOC. Sets emissionstandards based on the type of yeast fermenter. Requires continuousmonitoring and reporting.SIP# 05-09Adopted 8/23/2005**Approved**3/31/2006COMAR 26.11.19Regulation .18Control of Volatile Organic CompoundEmissions from Screen Printing andDigital Imaging.Applies to screen printing operations on different substrates. Thestandards vary according to the substrate, type of printing and inks.Digital imaging and control device option is also included in theregulation.**SIP**#**02-04 Adopted 5/9/2002** **Approved 1/15/2003**31Maryland RegulationRule Applicability and RequirementsLatest SIP #Date AdoptedDate EPA ApprovedCOMAR 26.11.19Regulation .19Control of Volatile Organic CompoundEmissions from Expandable PolystyreneOperationsApplies to expandable polystyrene operations and control efficiency of85 % is required for emissions from pre-expander or combustion in a firebox.**SIP**#**00-09 Adopted 9/11/2000** **Approved 5/7/2001**COMAR 26.11.19Regulation .20Control of Landfill Gas Emissions fromMunicipal Solid Waste LandfillApplies to existing MSW landfills that have a design capacity equal to orgreater than 2,750,000 tons and 3,260,000 cubic yards of MSW. Gascollection and control system is required if the emissions are calculatedto be greater than 55 tons per year.**111(d )# 99-09 Adopted 2/5/1998 and** **3/2/1999 Approved 9/8/1999** COMAR 26.11.19Regulation .21Control of Volatile Organic Compoundsfrom Bakery OvensApplies to an oven that has the potential to emit 25 tons or more.Controls are required based on predictive factors of 80 % or greater. Theregulations also have provisions for the review and approval ofinnovative control technology.**SIP**#**95-10 Adopted 6/9/1995** **Approved 10/15/1997**COMAR 26.11.19Regulation .22Control of Volatile Organic Compoundsfrom Vinegar GeneratorsApplies to vinegar generation operation with emissions greater than 20lbs/day.A scrubber-absorber system is required at 85 % or greater efficiency.**SIP**#**98-09 Adopted 7/15/1997** **Approved 9/23/1999**COMAR 26.11.19Regulation .23Control of VOC Emissions from VehicleRefinishingApplies to vehicle refinishing operations. Establishes coating , cleaningsolvent and equipment standards**SIP**#**95-03 Adopted 5/1/1995** **Approved 8/4/1997**COMAR 26.11.19Regulation .24Control of VOC Emissions from LeatherCoatingApplies to a person who owns or operates a leather coating operation at apremises with actual VOC emissions of 20 pounds or more per day.Establishes coating standard and provides alternative means ofcompliance by controlling 85 % or more emissions.**SIP**#**98-08 Adopted 7/15/1997** **Approved 9/23/1999**32Maryland RegulationRule Applicability and RequirementsLatest SIP #Date AdoptedDate EPA ApprovedCOMAR 26.11.19Regulation .25Control of Volatile Organic CompoundsFrom Explosives and PropellantManufacturing.Applies to existing equipment at a premise that hasa potential to emit 25tons or more of VOC per year from all explosives and propellantmanufacturing equipment. Establishes control efficiency requirement of85% or more overall.**SIP**#**98-18 Adopted 7/15/1997** **Approved 1/26/1999**COMAR 26.11.19Regulation .26Control of Volatile Organic CompoundEmissions from Reinforced PlasticManufacturingApplies to reinforced plastic manufacturing operations if VOC emissionsare 20 pounds or more per day. Requires the use of low styrene resin,high efficiency application equipment and low voc cleaning solvents.**SIP**#**98-15 Adopted 7/18/1997** **Approved 8/19/1999**COMAR 26.11.19Regulation .27Control of Volatile Organic CompoundEmissions from Marine Vessel CoatingOperationsApplies to marine vessel coating operations. Establishes over 20 coatingstandards, cleanup and record keeping requirements.**SIP**#**98-17 Adopted 9/12/1997** **Approved 9/5/2001**COMAR 26.11.19Regulation .28Control of Volatile Organic CompoundEmissions fromBread and Snack FoodDrying OperationsApplies to bread drying operation that has a potential to emit VOCemissions of 25 tons or more per year. Requires control of 85 %efficiency with the help of a scrubber or an alternative control device.**SIP**#**00-11 Adopted 9/11/2000** **Approved 5/7/2001**COMAR 26.11.19Regulation .29Control of Volatile Organic CompoundEmissions from Distilled Spirits FacilitiesApplies to a distilled spirits facility that has a total potential to emitVOCs of 25 tons or more per year. Requires standards to be met foremptying barrels, cleaning of filters and filling of barrels.**SIP**#**01-12 Adopted 9/25/2001** **Approved 11/7/2001**COMAR 26.11.19Regulation .30Control of Volatile Organic CompoundEmissions from Chemical Production andPolytetrafluoroethylene InstallationsApplies to an organic chemical production installation or an inorganicchemical production installation with VOC emissions of 20 pounds ormore per day. For emissions above 100 lbs/day, 90 % controls arerequired. Good operating practices apply if the emissions are less than100 lbs/day.SIP# 08-02Adopted 3/17/2008Pending EPA Action33Maryland RegulationRule Applicability and RequirementsLatest SIP #Date AdoptedDate EPA ApprovedCOMAR 26.11.19Regulation .31Control of Volatile Organic CompoundEmissions from Medical DeviceManufacturingApplies to medical device manufacturing installations that emit, or havethe potential to emit, 100 pounds or more VOC/day that engage in theproduction of hypodermic products syringes, catheters, blood handlingand other medical devices.SIP# 06-04Adopted 5/11/2006Approved 1/11/2007COMAR 26.11.24Stage II Vapor Recovery at GasolineDispensing FacilitiesApplies to facilities with average monthly throughput of 10,000 gallonsor more.Requires regular inspection and testing of Stage II systems and includesrecord keeping and reporting.SIP# 02-03Adopted 3/14/2002**Approved**5/7/2003

### 34

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### http: / / www.mde.state.md. us/Pages/Home.aspx Action on Climate Change 2011 Greenhouse Gas Em•sslons !<educt i o n Act Draft Plan



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. HDE Outreach, Education and Events Together we can all m ake a d < fference

- t eam more about MOE outreach and h ow you can help 

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pnrt a Prllhi( ' nl**i,.~4"H<"tc ~:**  , 'J(>I).- 'f /)£ C.i() f () Notices & A lertS
110 Ozo n e A u tho n ty SIP Emergency Ti da l Wetlands U cense and Pe nm 1t ln fo nm at • on & Nonoda l Wetland and Waterway G u •dance Pub li c H earing o n the L ead I nfrastructure SIP ReV I SIO n Rev•sed I ndustrial stonmwater permit proposed Updated: New l ocations for D•sposa l of unwanted Rad1oact1ve Matena l A .r Quality F orecast Fis h Consumpt•on Adv•sory Shellt 1 S h Harvest i ng Adv 1 sory & Maps More>

N ews ••Media Advisory•• Mary l and F 1 rst Lady Kat1e O'Malley to Present "Reth•nk Recyc li ng" Sculpture Contest Awards Lt

. Gov

. Anthony G

. Brown Addresses MOE's 2nd Annual C l ean Water Innovat i ons T rade Show, Recogn 1 zes Innovative Stormwater ProJect MOE Secretary Summers ce l ebrates t h e 40th ann i versary <X t h e O ea n Water Act w•th Parkway E l ementary students l ead Po 1 son • ng Cases Orap Overa ll, Rise 1n PrOPerties Not Prev 1 ously Covered by Md. Law Waterways •n St

. Mary's, Ca l vert Count•es Rlec l ass • f • ed for ShellfiSh Harvestmg More> Fe atured Clips
Fredenck News

- Post : Md

. Sec. of the Enwonment VISits Parkway E l ementary to celebrate Oean Water Act an nt versary Balto

. Sun : Survey shows fewer Md

. ch1ld r en s u ffered l ead poisoning I n 2011 Nat•onal Academy <X Sc1ence: Climate C h ange : u nes of Ev•dence Balt1more Sun ed•tona l: Impact of d•rty a 1r must be taken t nto account



### 11 / 14 / 2012MOE
Contact Us Directions to MOE MOE Locations MOE Calendar 

## I

. MOEStat 'Grants and Financial Assistance Featured Staff MOE Fiscal Analysis Project Hear ings, Meetings &j Request for Comments Worl< wllh**~E** About MOE H ome Probltm Sotver 1**M:aryl~nd.gov** 1 Onlio• Sc:rwlcos 1 Statt**Ag~nt:iU** Phone Oitte1ory

HOME MARYLANDER BUSINESS RESEAROi CENTER NEWSROOM omaillriend pnn1 page

MOE Public Meetings , Hearings and Request for Comments

• MOE Calendar The complete listing o f MOE**p.~bllc** meetongs and hea r fn1JS ..!LP,2 Sted 1 n the .t 1. !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 propos i ng to reissue the General Permit for Storm Water Ois<harges from Industr i al ACt i v i ties, General Permit No. 12

- sw

. Application forms (I.e. Not ices 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, Balt i more, 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/Wate rManagementPermits!WaterO iseharoePermltAppllcatlons/Documents/ GOP%20Stormwater/mo parking areas jpg) parking lot, off of washington Bou l evard.
Written comments concerning the draft permit will also be cons i dered in the preparat i on of a lnal permit deterninat i on if rece i ved by MOE at 1800 Washington Boulevard, Baltimore, Maryland 21230, on or before Friday, January 4, 2013

. Any questions regarding thiS tentative determinabon, i ncluding the draft permit and fact sheet, should be**d~rect** to Mthael Richardson at the Maryland Department of the Env l rmment, Waler Management AdminiStration, at mrichardson@mde.state md.us. or by telephone at 410-537-3323 between f1e hours f ro m 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/Perm l ts/WaterManagementPermitS{WaterDischargePermitAppllcatioQS/Pages/ Perm l ts/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) wi l hold a p<blic hearing on a State Implementation Plan (SIP) addressing Implementation, maintenana!, and enforcement measures for the 2008 75 plf> 8 -h our 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 l ocated at 1800 Washington Boulevard. Aeris First F l oor Conferena! Room, Baltimore, Maryland, 21230.
T he public hearmg wil be held as requ ire d 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 Env i ronmental Protection Agency for approval.

Cop ie s of the document can be v i ewed at he Maryland Department of the Env ir onment Office, Air and Radat i on Management AdminiStration, 1800**Washin~on** Boulevard, Su i te 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 E nvironrrent, Air and Radiation Management Admlnistrati>n, 1800 Washington Bou le vard, 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 Mary l and 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 Regu l ations .17 and .19 under COMAR 26.11.02**~rmlts,** Approvals, and Registrat i on (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 Ind i v i dua l 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 l a-ge air pollut i on sources In Maryland that are required to obtain a federal T i tle 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 federa l 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. Th i s action wil be**~bmitted** to the us. EPA for approval as a rev isi on to Maryland's State Implementation P l an. 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 12/5/2012Sign 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 viewa ble 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 Implementa tion Plan

SIP Document

Document: Maryland's Regional Haze State Implementation Plan

D ate: 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 Problem Solver | Maryland.gov | Online Services | State Agencies | Phone Directory

Search

email friend print page A ir and Radiation Air Quality Compliance Air Quality Monitoring Air Quality Planning Mobile Sources Radiological Health Air Quality Permits Asbestos HOME MARYLANDER BUSINESS RESEARCH CENTER NEWSROOM



### 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) h as 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/AirQualityP lanning/Pages/programs/airprograms/air_planning/ind ex.aspx ?
Thanks, Diana

>>> Mary Jane Rutkowski 11/14/2012 9:30 AM >>> Good Morning Diana Brian has approved the Air Quality Planning page. W e should be OK to post the link on the MDE page. Pl ease deploy the page today, if possible. Once again, we are on a le gal 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 c heck and resend document. As noted in emails last week, I will add this to th e 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 En forcement Measures for the 8-Hour Ozone National Ambie nt 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 4 43-934-1023 (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.

T he 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

.

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Subject: Ozone 1 10 SIP heanng notice 

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. 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 .B enedict@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 .m d

. us) BC : Sally Frampton (sframpton@mde

. state .m d .u s)

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

. us)

CC: Timothy Wallace (twallace@mde

. state

. md

. us) ·' Action Date & Time Comment Transferred 11/14/2012 3 : 10PM Third-Party 11/15/2012 4 : 01AM Downloaded
Delivered 11/14/2012 3 :1 4PM Third-Party 11/15/2012 4 : 05AM Downloaded Transferred 11/14/2012 3 :07 PM
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. 0 message relayed Transferred 11/14/2012 3:07PM Third-Party 11115/2012 4 : 37AM Downloaded Transferred 11/14/2012 3 : 07 PM Third-Party 11/15/2012 4 : 38AM Downloaded
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. 0 message relayed Transferred 11/14/2012 3:08PM Read 11/16/2012 1 : 48PM Third-Party 11/15/2012 4·47 AM Downloaded Third-Party 11 /15/2012 4 : 18AM Downloaded Third-Party 11/15/2012 4 : 52AM Downloaded



### file:///C:/Users/jwilkinson/AppData/LocalfTemp/X.Pgrpwise/50A383BBMDEDOMpo21i... 11/30/2012

### 1 Statement of the Air and Radiat ion 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 we re 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, In c. (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 , M OE ;.


### 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

1 2 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) 921-55557



### 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) 921-55558



### 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 n g 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, In c. (30 1) 870-8025

- www.ftrinc.net

- (800) 921

- 5555

### MDE

Name (p l ease 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 MAR Y LAND DEPARTM EN T OF THE ENVIRO NM E N T 18 0 0 Washingt o n B ou l evard • Baltim o re MD 2 1 230 41 0 -53 7 -3 00 0 • 1

- 8 00-6 33

- 61 01 • www.m d e.state.m d .us

Martin O ' M a lley G overnor Robert M

. Summ e r s, Ph

. D

.

Anthon y G. Brown L ieutenant Gov e rnor



### L inda C. Janey , J.D. , Assistant Secretary Clearinghous e and Communications 'November 15 , 2012

Maryland State Clearinghouse for Intergovernmental Ass i stance Maryland O ffice of P lanni n g 301 West Preston Street Baltimore MD 21201

Dear Ms. Janey: S ecretary



### I am enclosi n g a copy of the introductory sections of the State of Maryland Ozone I nfrastructure State Implementation Plan (SIP). Section 110(a) of the federal C l ean Air Act requires that each SIP provide for the implementation , maintenance , and enforcement of the N ational 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. E nvironmental P rotection Agency

.
These " infrastructure SI P s " prov i de assurances of state resources and authorities, and where necessary , estab li sh the basic state programs to implement , maintain and enforce new or revised standards. This document summarizes where the 

### § 1 1 O(a) (2) requirements for the 2008 revised ozone NAAQS are addressed 

### in Maryland ' s current SIP or pending S IP 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 fede r al law (42 U

. S

. C. 7410 (a) a n d 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 bus i ness hours on December 21, 2012. If you have any comments
on this submittal , please call me at (410) 5 37-3240.

Sincerely,

7

. /> 

# r; I 

### /.1/ 

## tY 

## ot'<(_ z._
... 

## /kttbC. Roger E. Thunell Chief, SIP Planning Division

cc: Diane Franks, Manager Air Quality P lanning P rogram Brian Hug , Deputy Ai r Q uality Planning Program**~** Recycle d Pap er 

### www. 

### m d e.state.m d .us TT Y Us er s 1·8 00-73 5-2 2 58 Via M ary land R e la y Se rv ice

# r**I** D

# .--o'""""') ___________ sustainab/e_Attain ab/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 C learinghouse 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: //p lanning.maryland.gov /e mircpublic /

. 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 .u s. 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 /w ordpresslfasttrack/.

LCJ:SR Enclosure(s)
cc: U.S. Environmental Protection Agency

Mart i n O ' Malley , Governor Anthony G. Brown. Lt. Governor 12-08/l_NM.NEW.do c

Richard Eberhart Hall, AICP, Secretary Matthew J. Power, Deputy Secretary

301 West Preston Street

- Suite 1101

- Baltimore

- Maryland

- 2 1 20 1 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 Manager1 

### 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 (O 3 

### ) 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 of2



### 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.