# 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 O'Malley Governor Robert M. Summers, Ph.D. Anthony G. Brown Lieutenant Governor 

### January 3, 2013 

### Mr. Shawn M. Garvin Regional Administrator U.S. EPA Region 3 1650 Arch Street, 16th Floor Mail Code: 3RAOO Philadelphia, PA 19103-2029

# DearM~**~** Secretary



### The Maryland Department of the Environment (MDE) is formally submitting the attached state implementation plan (SIP) that addresses the Clean Air Act Section 110 (a)(2) elements for the 2008 revisions to the lead (Ph) NAAQS. The MDE certifies that identical electronic and hard copies of this SIP are enclosed. The MDE is also providing documentation showing that a thirty-day comment period was offered on this CAA 110(a)(2) submittal and no comments were received. A public hearing for this SIP was held in Bal1imore, Maryland on December 5, 2012. All required administrative procedures were properly followed throughout the hearing process. If I may be of further assistance, please contact me or Mr. George (Tad) S. Aburn, Jr., Director of the Air and Radiation Management Administration, at 410-537-3255, or by e-mail at gaburn@mde.state.md.us. Sincerely,

Robert M. Summers, Ph.D. Secretary Enclosures

cc: Diana Esher, Director, Air Protection Division, USEPA Region III George (Tad) Aburn, Jr., Director, Air and Radiation Management Administration Diane Franks, Program Manager, Air Quality Planning Brian Hug, Deputy Program Manager, Air Quality Planning**~** 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 Martin O'Malley Governor Anthony Brown Lt. Governor Robert M. Summers, Ph.D. Secretary Kathleen Kinsey Deputy Secretary 

# State of Maryland Lead (Pb) Infrastructure State Implementation Plan SIP Number 12-09

December 12, 2012 Prepared for: U.S. Environmental Protection Agency Prepared by: Maryland Department of the Environment

## This Page Left Intentionally Blank

# TABLE OF CONTENTS

Background .......................................................................................................................... 1 Required SIP Information .................................................................................................... 2 Certification ......................................................................................................................... 5 Emission limits and other cont rol measures: § 110(a)(2)(A) ...........................................................5 Ambient air quality monitoring/data system: § 110(a)(2)(B) ..........................................................6 Program for enforcement of co ntrol measures: § 110(a)(2)(C) ......................................................8 Interstate transport: § 110(a)(2)(D) ...................................................................................................8 Adequate resources: § 110(a)(2)(E) .................................................................................................10 (E) (ii) Boards

............................................................................................................................... ......11 (E) (iii) Reliance on local units of government ...............................................................................12 Stationary source monitoring systems: § 110(a)(2)(F) ...................................................................12 Emergency powers: § 110(a)(2)(G ...................................................................................................13 Future SIP revisions: § 110(a)(2)(H) ...............................................................................................13 Nonattainment area requi rements: § 110(a)(2)(I) ..........................................................................13 Consultation with government officials: § 110(a)(2)(J) .................................................................14 PSD and visibility protection: § 110(a)(2)(J) ..................................................................................15 Air quality modeling/data: § 110(a)(2)(K) ......................................................................................15 Permitting fees: § 110(a)(2)(L) .........................................................................................................16 

## Additional Information on Lead (Pb) Monitoring ............................................................. 17

## MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard • Baltimore MD 21230 410-537-3000 • 1-800-633-6101 Martin O’Malley Governor Anthony G. Brown Lieutenant Governor Robert M. Summers, Ph.D. Secretary Kathleen Kinsey Deputy Secretary 

### MARYLAND CERTIFICATION CLEAN AIR ACT SECTION 110(A) (2) 

# Background A State Implementation Plan (SIP) is a plan for eachstate that identifies how that state will attain and maintain the primary and secondary Nationa l Ambient Air Quality Standards (NAAQS). The SIP contains regulations, s ource-specific requirements, non-regulatory items such as plans and inventories, and other types of submittals designed to satisfy requirements promulgated by the U.S. Environmental Protection Agency (EPA). The initial SIPs for states were approved on May 31, 1972. SIPs may be revised by the state with EPA approval. The federally enforceable SIP for the State of Maryland is co mpiled under 40 CFR Part 52 Subpart V. Section 110(a) of the federal Clean Air Ac t requires that each SIP provide for the implementation, maintenance, and enforcement of the NAAQS. This section also requires that within three years of the promul gation of a NAAQS, a state must adopt and submit such a plan to EPA. These “infrastructure SIPs” provide assu rances of state resources and authorities, and where necessary establish the basic state programs, to implement, maintain, and enforce new or revised standards. This document summarizes where the §110(a) (2) re quirements for the 2008 revised lead NAAQS are addre ssed in Maryland’s current SI P or pending SIP revisions. This certification addresses Mary land's obligations under §§110(a )(2) of the Clean Air Act for the following National Ambient Air Quality Standards: Lead : A revised NAAQS for lead was promulgated by EPA on October 15, 2008. This rule establishes a primary ambient air quality standard of 0.15 μg/m 3 

### on a rolling threemonth average basis and a secondary standard equal to the primary standard. The basic infrastructure requirements of §§110(a)(2) are listed on the following pages.

MD Lead Infrastructure SIP Page 1

# Required SIP Information States should, in consultation with EPA Regional Offices, refer to applicable EPA regulations governing SIP submittals per 40 CFR Part 51. These regulations include, but are not limited to: - Subpart I – Review of Ne w Sources and Modifications - Subpart J – Ambient Air Quality Surveillance - Subpart K – Source Surveillance - Subpart L – Legal Authority - Subpart M – Intergov ernmental Consultation - Subpart O – Miscellaneous Plan Content Requirements - Subpart P – Protecti on of Visibility (Not applicable for Pb ) - Subpart Q – Reports Specifically, each State should include documentation demonstrating a correlation between each infrastructure element and an equivalent State st atutory or regulatory authority in the existing or submitted SIP. A complete submittal, at minimum, is a letter from an appropriate State official ( e.g., Governor or designee) certifying compliance with each element which has gone through state notice and hearing procedures. Furthermore, the State should provide a specific description of how compliance with eachelement is achieved. For many infrastructure SIP elements, a SIP submittal should refer to and include citations to relevant state regulations. See, e.g. , EPA guidance below regarding elements (F), (H), (J), and (M). For EPA's general criteria for SIP subm ittals, refer to 40 CFR Part 51, Appendix V; "Criteria for Determining the Completeness of Plan Submissions. SIP submittal should include a copy of the actual regulation thatthe state is submitting for a pproval and incorporation by reference into its SIP. If a state believes that its existing approved in frastructure SIP is adequate, then the state's SIP submission may be a certification that the existing SIP contains pr ovisions addressing all requirements of the section 110(a) (2) infrastructure elements as applicable for the 2008 Pb NAAQS. Such certification (e.g., in the form of a letter to EPA from the Governor or her/his designee) should cite the applicable provision s in the existing SIP and provide a specific description of how compliance w ith each element is achieved. Two elements identified in sect ion 110(a)(2) are not governed by the 3-year submission deadline of section 110(a)(1). The elements pertain to part D, in title I of the CAA, which addresses plan requirements for nonattainment areas. Therefore, the following section 110(a)(2) elements are considered by EPA to be outside the scope of in frastructure SIP actions: (1) section 110(a)(2)(C) to the extent it refers to pe rmit programs (known as "nonattainment new source review") under part D; and (2) section 110(a)(2)(I) in its entirety. EPA does not exp ect infrastructure SIP submittals to include regulations or emission limits developed specifically for attaining the relevant standard. Those submittals are due at th e time the nonattainment area planning elements are due (18 months fo llowing designation).

MD Lead Infrastructure SIP Page 2

### Except as described above, subsections (A) th rough (M) of section 110( a)(2) set forth the infrastructure elements that a SIP should address, in order to be approved by EPA. The elements are presented below in context of the 2008 Pb NAAQS. The in frastructure SIP submission should include a list or table referencing all Pb emission reduc tion measures adopted and relied on by the state to meet other CAA requirements, such as maintenance of the 2008 NAAQS. EPA would not expect infrastructure SIP submi ssion to identify nonattainment emission controls. Emissions limitations and other control measures to attain the 2008 NAAQS in areas designated nonattainment for the 2008 Pb NAAQS are due on a different schedule from the section 110 infrastructure elements and will be reviewed and acted upon through a separate process. However, the infrastructure SIP submission shoul d include a list or table referencing all Pb emission reduction measures adopted and relied onby the state to meet other CAA requirements, such as maintenance of the 2008 NAAQS. To meet section 110(a)(2)(C) requirements for this NAAQS, the SIP submitted should: • Reference relevant state and federal regulations that provide for enforcement of Pb emission limits and control measures. • Identify the various state regulations that govern permitting of new and modified stationary sources (minor and major) of Pb in the state. • Revise its PSD program regulations to addr ess any applicable EPA amendments to Pb PSD rules within 3 years from the date of such amendments. Section 110(a)(2)(D)(i) provides fo r SIPs to include provisions prohibiting any source or other type of emissions activity in one state from contributing signi ficantly to nonattainment, or interfering with maintenance, of the NAAQS in another state. (The preceding requirements, from subsection (2)(D)(i)(I), re spectively refer to what may be ca lled prongs 1 and 2.) Further, this section directs SIPs to include provisions prohibiting any s ource or other type of emissions activity in one state from interfering with measur es required to prevent significant deterioration of air quality, or from interfering with measures required to protect visibility ( i.e. , measures to address regional haze) in any state. (The preceding requirements, from subsection (2)(D)(i)(II), respectively refer to what may be called prongs 3 and 4.) The physical properties of Pb pr event Pb emissions from expe riencing the same travel or formation phenomena as PM2.5 or ozone. More spec ifically, there is a sharp decrease in Pb concentrations, at least in the coarse fraction, as the distance from a Pb source increases. Accordingly, while it may be possible for a sour ce in a state to emit Pb in a location and in quantities that may contribute significantly to nonattainment in, or interfere with maintenance by, any other state, EPA anticipates that this would be a rare situation, e.g., where large sources are in close proximity to state boundaries. Under section 110(a)(2)(D)(i)(II), the PSD sub-el ement (prong 3) may be met by the state’s confirmation in a SIP submission that new major s ources and major modifications in the state are

MD Lead Infrastructure SIP Page 3

### subject to PSD and (if the stat e contains a nonattainment area for the relevant pollutant) Nonattainment New Source Review (NNSR) programs that implement the 2008 Pb NAAQS 1



### . Since all areas are currently subject to the regional haze program which addresses visibilityimpairing pollutants, at this time EPA would not e xpect infrastructure SIP submissions for the Pb NAAQS to address prong 4. In accordance with EPA's regulations at subpart O, the SIP submittal should include copies of rules and regulations that showthat the state has adopted the emission limitations and other measures necessary for attainment and maintenance of the 2008 Pb NAAQS. The SIP should assure that the state has adequate authority under its rules and regul ations to carry out the state's SIP obligations with respect to the 2008 Pb NAAQS and to revise the SIP as necessary. The SIP should assure that the state has adequate funding and personnel to implement the Pb NAAQS. See EPA's regulations at 40 CFR Part 51, subpart M ("Intergovernmental Consultation") and subpart O ("Miscellaneous PlanContent Requirements"). In accordance with EPA's regulations at subpart O, the SIP should describe resources for carrying out the SIP. Resources to be described include: (1) those ava ilable to the state (and local agencies, where appropriate) as of the date of SIP submittal; (2) those considered necessary during the 5 years following SIP submittal; and projections regarding acquisition of the described resources. The SIP should provide for periodic reporting of emissions inventory data by the state to the Administrator (through the a ppropriate Regional Office). The SIP should also contain a plan determined adequate by the state to implement the authority to constrain sources of Pb emissions, as necessary, in an emergency situation. As part of the infrastructure SIP submittal, the plan should comply with regulations at 40 CFR 51.150 through 51.153 as applicable. The SIP should provide citations to the state regulatory provisions re quiring the state to 1) revise its section 110 plan from time to time as may be n ecessary to take into acc ount revisions of such primary or secondary NAAQS or the availability of improved or more expeditious methods of attaining such standards; and 2) revise its section 110 plan in the event the Administrator finds the plan to be substantially inadequate to attain the NAAQS. See 40 CFR 51.104, “Revisions”. The SIP should reference the state rules that pr ovide a process of consultation with general purpose local governments, designate d organizations of elected offi cials of local governments, and any federal land manager having authority ove r federal land to which the plan applies, consistent with the requ irements of CAA § 121. The SIP should provide citations to regulations requiring the state to re gularly notify the public of: instances or areas in wh ich any primary NAAQS was exceeded; the associated health
1 

### Memorandum issued by William T. Harnett, Director, OAQPS/AQPD, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-H our Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” dated September 25, 2009.

MD Lead Infrastructure SIP Page 4

### hazards; and ways in which the public can participate in regulatory and other efforts to improve air quality. See 40 CFR 51.285, “Public notification”. Thus, EPA concludes there are no new applicable visibility protection ob ligations under section 110(a)(2)(J) as a result of the 2008 Pb NAAQS. The SIP should demonstrate that the state has the authority and technical capability to conduct air quality modeling in order to assess the effect on ambi ent air quality of relevant pollutant emissions; and that the state can provide relevant data as part of the permitting and NAAQS implementation processes. The SIP should also provide that, upon request, the state will submit current and future data relating to such ai r quality modeling to the Administrator. EPA anticipates that the predominant type of air quality modeling to be conducted with respect to implementing the Pb NAAQS will be source-oriented dispersion modeling with models such as AERMOD. The SIP should provide citations to the regulations providing for collection of permitting fees under the state’s EPA-approved Title V permit program- see 40 CFR 70.9 (“Fee determination and certification”), 40 CFR Part 70, Appendix A, “Approval Status of State and Local Operating Permits Programs”. The SIP should identify the organizations that will participate in developing, implementing, and enforcing the SIP. Further, the SIP should identifythe responsibilities of such organizations and include related agreements among the organizations. See 40 CFR 51.240, "General plan requirements”. The SIP should provide a citation to the state regulations that pr ovide notice and opportunity for public hearing in accordance with EPA regulations at 40 CFR Part 51, subpart F ("Procedural Requirements"). Prior to submitting a SIP revi sion or a compliance schedule, a state must provide notice, provide the opportunity to su bmit written comments, and allow the public the opportunity to request a public heari ng- see 40 CFR 51.102, "Public hearings”. 

# Certification Maryland's State Implementation Plan m eets all of the requi red elements of §§110(a)(2)A—M, as indicated below. Emission limits and other control measures: § 110(a)(2)(A) of the Clean Air Act requires SIPs to include enforceable emission limitations an d 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’s enforceable emission limitations an d other control measures under the Code of Maryland Regulation (COMAR) which have been approved as part of Maryland’s SIP under 40 CFR 52.1070(c).
MD Lead Infrastructure SIP Page 5COMAR Chapter Chapter Name Pb Remarks 26.11.01 General Administrative Provisions 2 Administrative provisions 26.11.02 Permits, Approvals, and Registration 3 .11A(1)(d), .12A(3) Administrative provisions 26.11.04 Ambient Air Quality Standards .09 .02 & .03 Administrative

provisions 26.11.06 General Emissions Standards, Prohibitions, and Restrictions 4 Administrative provisions: .01,.10, .12, .14 26.11.17 Requirements for Major New Sources and Modifications


### Source-specific provisions are listed in 40 CFR 52.1070 (d). The approved plans are listed in 40 CFR 52.1070(e).

Ambient air quality monitoring/data system: § 110(a)(2)(B) of the Clean Air Act requires SIPs to include provisions for establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, compil e, and analyze data on ambient air quality, and upon request, make such data availabl e to the EPA Administrator.

• 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 m easuring ambient air quality levels shall be those specified in 40 C.F.R. Parts 50, 53 and 58).

• Maryland operates and maintains a netw ork of ambient air monitors throughout the State. All ambient air monitors in the Maryland network that are used to determine compliance with the NAAQS have been designated by EPA as either Reference or Equivalent monitors. A ll ambient air monitors in the Maryland network are subjected to the Quality A ssurance requirements of 40 CFR Part 58,

2 Maryland is currently revising COMAR 26.11.01.10 and .11 and will submit these revisions as soon as adopted and effective. 3 Maryland's permit fee requirements under COMAR 26.11.02 Regulations .16-.19 are not part of Maryland's SIP. 4 Regulation .04 Carbon Monoxide in Areas III and IV is approved for Maryland's CO maintenance plan. Regulation .07 Fluorides - not part of Maryland's SIP but approved as part of Maryland's 111(d) plan.


### MD Lead Infrastructure SIP Page 6

### Appendix A. In addition, all samplers are located at sites that have met the minimum siting requirements of Part 58, Appendix E.

• On October 15, 2008 EPA substantially strengthened the national ambient air quality standards (NAAQS) for lead (see 73 FR 66934). EPA revised the level of the primary (health-based) standard from 1.5 μ g/m3 to 0.15 μ g/m3, measured as total suspended particles (TSP, but PM10 will be allowed at NCore sites) and revised the secondary (welfare-b ased) standard to be identi cal in all respects to the primary standard. On December 30, 2009, EPA proposed revisions to the lead monitoring requirements pertaining to wher e State and local monitoring agencies would be required to conduc t lead monitoring. The fina l rule became effective on January 26, 2011 ( see Table 1 and recent updates to MDE lead monitoring both on page 17 )

• In Maryland, no specific statut ory 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.

• In order to keep EPA informed of changes to the sampling network, MDE provides EPA Region III with prior notific ation of any planned changes to the network. As needed, details of these ch anges and anticipated approvals of the changes are communicated to EPA. Purs uant to 40 C.F.R. Part 58, Subpart B, Section 58.10, MDE sends the EPA Re gional Administrator an Annual Monitoring Network Plan for approval th at details any modifications to the network. This plan also provides a de scription of each modification, the reason for each modification, and any other inform ation relevant to the modifications. Section 58.10 also requires MDE (begi nning July 1, 2010) to perform and submit to the EPA Regional Administrator an assessment of the Maryland ambient air monitoring network every five years to de termine, at a minimum, if the network meets the monitoring objectives defined in 40 C.F.R., Part 58, Appendix D, whether new sites are needed, whether ex isting sites are no longer needed and can be terminated, and whether new technologi es are appropriate for incorporation into the network.

• Maryland has and will continue to subm it data to EPA's Air Quality System (AQS). MDE collects and reports to EPA all ambient air quality data for SO 2 

### , CO, O 3 

### , NO 2 

### , PM10, and PM 2.5 

### . The reports comply with the federal requirements of 40 CFR 58.35. As necessary, the submitted data is reviewed, edited, validated, and entered into the EP A air quality system (AQS) for updating pursuant to prescribed AQS procedures . The EPA AQS receives each report within 90 days after th e end of the quarterly reporting period.

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

MD Lead Infrastructure SIP Page 7

### Program for enforcement of co ntrol measures: § 110(a)(2)(C) requires SIPs to include a program providing for the enfo rcement of all SIP measures and the regulation of stationary sources that construct or modify.

• Maryland's enforcement and penalty provisions are found under §§2-601—614, Environment Article, Annotated Code of Maryland.

• Maryland's permit program require ments are under COMAR 26.11.02 and COMAR 26.11.03.

• Maryland's Prevention of Significant De terioration requirements are under COMAR 26.11.06.14.

• Maryland's nonattainment provisions for ma jor new sources and modifications are under COMAR 26.11.17.

• Maryland’s "Prevention of Significant Deterioration (PSD) source" means any new or modified source subject to th e provisions of 40 CFR '52.21, 2000 edition, including as defined in COMAR 26.11.01.01B (37) (b): Any other source which emits or has the potential to emit 250 tons per year or more of any air pollutant regulated under the Federal Clean Ai r Act (42 U.S.C. '7401 et seq.)

• The SIP revision for PSD was submitted by MDE on June 22, 2011 (State Implementation Plan (SIP) Revision # 11- 02) concerning implementation of the requirements of the Environmental Prot ection Agency's final Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas Tailoring Rule, which was published in the Federal Regi ster on June 3, 2010 (75 FR 31514). This SIP Revision includes amendments to (1) Regulation .01 under COMAR 26.11.01 General Administrative Provisions; (2 ) Regulations .01 and .12 under COMAR 26.11.02 Permits, Approvals, and Registration; and (3) Regulation .14 under COMAR 26.11.06 General Emission Standard s, Prohibitions, and Restrictions.
Interstate transport: § 110(a)(2)(D) requires SIPs to prohibit anysource or other type of emissions activity within the state from emitting air pollutants in amounts that contribute significantly to nonattainment or that interfere with maintaini ng the NAAQS in another state. This section also requires that SI Ps prohibit any source or other type of emissions activity within the state from interfering with measures requi red to prevent significant deterioration of air quality or to protect visibility in another state. D (i) SIPs must prohibit any source or other ty pe of emissions activity from emitting any air pollutant in amounts which will:

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### (I) contribute significantly to nonattainme nt in, or interfere with maintenance by, any other State with re spect to any such national primary or secondary ambient air quality standard (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deteriorati on of air quality or to protect visibility.

• Maryland Permitting requirements are under COMAR 26.11.02 and COMAR 26.11.03. • Maryland has no Class I Areas • Pb does not have a significant impact on visibility according to an EPA memo that concludes: “... it appears that the Pb -related visibility effects (in Class I and other areas) are insignificant in comparis on to those associated with sulfate, nitrate, and carbon PM.” 5 

### The physical properties of lead (P b) prevent Pb emissions from e xperiencing the same travel or formation phenomena as PM2.5 or ozone. There is a sh arp decrease in Pb c oncentrations, at least in the coarse fraction, as the distance from a Pb source increases. While it is possible for a source in a state to emit Pb in a location and in quantities that may contribute significantly to nonattainment or interfere with ma intenance in another state, EPA believes this would be a rare situation, e.g., where large sources are in close proximity to state boundaries. Once deposited out of the air, Pb can subsequently be re-suspe nded into the ambient air and, because of the persistence of lead, Pb emissions contribute to media concentrations for some years into the future.
(D) (ii) Insure compliance with the applicable requirements of §§ 126 6 

### and 115 7 

### (interstate and international pollution abatement)

5 11/7/2011 Memorandum titled The Estimated Contribution of Ambient Lead (P b) to Class I Area Visibility Impairment , from Mark Schmidt, OAR/OAQPS/AQAD 6 §126 (a) Each plan shall (1) re quire each major proposed new or modified sour ce (A) subject to Part C or (D) which may significantly contribut e 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 6 0 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 woul d 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 exis ting source to operate more than 3 months after such finding has be en made. EPA may permit the c ontinued operation of a source beyond the expiration of the 3-month period if the source comp lies with the emission limitations and compliance schedules as may be provided by EPA to bring about co mpliance with the requirements of § 110(a)(2 )(D)(ii). Nothing shall be construed to preclude any such source from being eligib le 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 st udies from any duly constituted international agency has reason 

### MD Lead Infrastructure SIP Page 9

### Maryland Requirement:

• Maryland's permitting regulations under COMAR 26.11.02 and COMAR 26.11.03.

• Maryland's Nonattainment New Source Re view (NNSR) requirements are under COMAR 26.11.17 and Maryland PSD requirements under COMAR 26.11.06.14.

• §2-301(a) (1) of the Environment Article , Annotated Code of Maryland provides authority to control ai r pollution in Maryland.

• In addition, nothing in Maryland's statutory or regulatory authority prohibits or otherwise interferes with Maryland's ability to ex ercise §§126 and 115 of the Clean Air Act. Adequate resources: § 110(a)(2)(E) requires states to provide for adequate personnel, funding, and legal authority under state law to carry out its SIP-related issues . This section also requires that state boards meet require ments under § 128 and that the state shall remain responsible for any portions of the SIP carried out by other organizations, such as local agencies. Adequate resources (legal, personnel and funding (E) (i): Provide necessary assurances that the state will have adequate personnel, funding, and authority under state law to carry out such implementation plan (and is not prohibited by any provision of federa l or state law from carrying out such implementation plan). In Maryland, the resources to carry out th e implementation plan are provided through:

• The §§ 103 and 105 grant process;

• Title V grant funds;

• Title V permit fees (collected under the authority § 2-403 of the Environment Article, Annotated Code of Mary land and pursuant to COMAR 26.11.02.19.)

to believe that any pollutants emitted in the US cause or contribute to pollution which may reasonably be anticipated to endang er 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 emissionsoriginate. (b) The EPA notice shall be deemed to be a findin g under § 110(a)(2)(H)(ii) which requires a plan revision with respect to so much of the applicable pl an as is inadequate to prev ent or eliminate the endangerment. Any foreign country so affected by such emission of pollutants shall be invited to appear at an y public hearing associated with any revision of the appropriate portion of the applicab le plan. (c) This section shall apply on ly to a foreign country which EPA determines ha s 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 part y to the conference, rescinds any such recommendation. 

### MD Lead Infrastructure SIP Page 10

### • Maryland's Clean Air Fund (Environment Article, §2-107, Annotated Code of Maryland) composed of funds collected from application fees, permit fees, renewal fees, and civil or administrative pe nalties or fines. Maryland's Clean Air Fund may be used for (1) id entifying, monitori ng, and regulating air pollution in the State, including program development of these activities as provided in the State budget; and (2) providing grants to local governments to supplement funding for programs conducted by local governments that are consistent with the Maryland program.

• Other authorities to implement the Maryland State Implementation Plan are provided below: Authority to monitor ambient air quality in the State : Environment Article, §§2-103(b)(2), Annotated Code of Maryland. Authority to advise the Governor wh en an air pollution emergency exists: Environment Article, §2-105, Annotated Code of Maryland. Authority to adopt regulations that establish stan dards and procedures to be followed whenever pollution of th e air reaches an emergency condition : Environment Article, §2-301(a)(2 ), Annotated Code of Maryland. Air Quality Control Advisory Counc il - consultation advice regarding proposed regulations : Environment Article, §§ 2-201-206, Annotated Code of Maryland. Authority to adopt rules and regulations for the c ontrol of air pollution in the State , including testing, monitoring, record keeping, and reporting requirements: Environment Article, §2-301(a)(1 ), Annotated Code of Maryland. Authority to set emission standards and ambient air quality standards for each air quality contro l area in the State : Environment Article, §2-302 (b)- (d), Annotated Code of Maryland. Authority to enforce the st andards and impose penalties: Environment Article, §§2-601—614, Annotated Code of Maryland. (E) (ii) Boards : Requirements that the State comply with the requirements respecting State boards under § 128 8



### .

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 deri ve 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 a dopt 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 

### MD Lead Infrastructure SIP Page 11

### • Maryland does not have any board or body, which approves air quality permits or enforcement orders.
(E) (iii) Reliance on local units of government : Necessary assurances that, where the State has relied on a local or regional government, ag ency, or instrumentality for the implementation of any plan provision, the State has responsibility for ensuring adequate implementation of such plan provision.

• Maryland does not rely on local orregional government, agency, or instrumentality for specific SIP implementation. • Maryland has adequate personnel to carryout the SIP with respect to lead requirements.
Stationary source monitoring systems: § 110(a)(2)(F) requires states to establish a system to monitor emissions from stationary sources and to submit periodic emissions reports. The following Maryland SIP regulations (approv ed under 40 CFR 52.1070(c)) include stationary source emissions monitoring and periodic emissions reports:

• COMAR 26.11.01.04 Testing & Monitoring. • COMAR 26.11.01.05 Records and Information. • COMAR 26.11.01.05-1 Emission Statements. • COMAR 26.11.01.07 Malfunctions & Other Te mporary Increases in Emissions. • Maryland's stationary source emissions monitoring requirements for specific source types are found throughout COMAR 26.1 1 as they relate to specific air pollution source categories. • Maryland's revised opacity monitoring requirements under: COMAR 26.11.09.05 Visible Emissions COMAR 26.11.01.10 Continuous OpacityMonitoring (COM) Requirements COMAR 26.11.01.11 Continuous Emission Monitoring (CEM) Requirements These opacity requirements will be submitted to EPA for approval as part of Maryland's SIP as soon as they are effective as permanent regulations. • Criteria pollutant emissions related data is available to the public for inspection upon request.

the requirements of (1) and (2). 

### MD Lead Infrastructure SIP Page 12

### Emergency powers: § 110(a)(2)(G) requires states to provide fo r authority to address activities causing imminent and substantia l endangerment to public health, including contingency plans to implement the emergency episode pr ovisions in the SIP. An emerge ncy event is unlikely with Pb and if it did occur would be at a large lead source (EPA Final Lead Infrastructure SIP Guidance issued 10-17-11).

• Air pollution emergency: Environment Article, §2-105, Annotated Code of Maryland.

• Authority to adopt regulati ons that establish standard s and procedures to be followed whenever pollution of the air reaches an emergency condition: Environment Article, §2-301(a) (2 ), Annotated Code of Maryland.

• Air Pollution Episode System COMAR 26.11.05, in the Maryland SIP under 40 CFR 52.1070(c).

• Authority regarding accidental or other releases that are not authorized by statute, regulation or permit or occur in conjuncti on with violations of existing regulatory requirements: Environment Article, §2-604 (Administrativ e corrective order authority) and § 2-609 (a) (Civil injunctive authority), Annotated Code of Maryland Future SIP revisions: § 110(a)(2)(H) requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability of impro ved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate.

• Maryland's SIP is essentially a compilation of regulations , source-specific provisions and plans to meet the National Ambient Air Quality Standards (NAAQS). The authority to develop or revi se a SIP is based on the authority to adopt new regulations and revise existing regulations to meet the NAAQS (§2- 301(a)(1) Environment Article, Annotated Code of Maryland).

• Nothing in Maryland's statut ory or regulatory authority prohibits the State from revising the SIP when the NAAQS are revised by EPA.
Nonattainment area requirements: § 110(a)(2)(I) requires states to have the authority to meet the nonattainment planning requirements for areas not meeting the federal standards.

MD Lead Infrastructure SIP Page 13

### Legal authority for such requirements are disc ussed above in the para graphs concerning § 110(a)(2)(A) and § 110(a)(2)(H).

• §§2-301(a)(1) and 2-302(d) of the Environment Article, Annotated Code of Maryland, provide the author ity to meet the nonattainment planning requirements for areas not meeting the federal standards.

• COMAR 26.11.17 contains Maryland's nonattainment provisions for major new sources and modifications. Future plans for lead will continue to comply with all nonattainment planning requirements. Approved plans are no ted in 40 CFR 52.1070(c), 40 CFR 52.1070(d), and 40 CFR 52.1070(e). Consultation with government officials: § 110(a)(2)(J) requires states to provide a process for consultation w ith local governments and Fe deral Land Managers carrying out NAAQS implementation re quirements pursuant to § 121 9 

### consultation requirements The Metropolitan Washington Air Quality Comm ittee (MWAQC) was certified in 1991 by chief executives of Maryland, Virginia and the Districtof 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 an d 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 Metr opolitan Planning Organizations (MPOs). The MPOs provide the forum for consultation with lo cal governments. Maryla nd's MPOs are: (1) the Baltimore Regional Transportation Board (BRTB) , (2) the National Capital Transportation Planning Board (TPB) for the Washington re gion, (3) the Wilmington Area Planning Council (WILMAPCO) for New Castle County, Delaware and Cecil County, Maryland, and (4) the Hagerstown/Eastern Panhandle (HEP) for the Hagerstown area, which includes Washington County, Maryland and the counties of Berk eley and Jefferson in West Virginia.

• The Air Quality Control Advisory C ouncil consultation process (§§ 2-201-206 Environment Article, Annotated Code of Maryland).

9 § 121. In carrying out requirements for plans to contain - (1) any transportation controls, air quality maintenance plan requirements or preconstruction review of dir ect 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 St ate shall provide a satisfactory process of consultation with g eneral purpose local governments, designated organizations of elec ted officials of local government s and any FLM having authority over Federal land to which the State plan applies. Such proce ss shall be in accordance with re gulations 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. 

### MD Lead Infrastructure SIP Page 14

### • COMAR 26.11.17 Nonattainment New S ource Review Requirements; PSD permit requirements under COMAR 26.11.06.14 . Public notification of NAAQS Exceedances: § 110(a)(2)(J) further requires states to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedences. (§ 127 10 

### public notification)

PSD and visibility protection: § 110(a)(2)(J) also requires states to meet applicable requirements of Part C related to prevention of si gnificant deterioration a nd visibility protection. Maryland incorporated by reference EPA's prevention of significant deterioration (PSD) requirements (40 CFR §52.21) under COMAR 26.11.06.14. Air quality modeling/data: § 110(a)(2)(K) requires that SIPs provide for performing air quality modeling for predicting effects on air quality of emissi on from any NAAQS pollutant and submission of such data to EPA upon requests. Air Quality Modeling:

• Authority under §2-302 of the Environm ent 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. Air Quality Data:

• Maryland continued to submit Air quality modeling data as part of Maryland's relevant SIP submissions in accordance with the Clean Air Act and through federal grant commitments.

10 § 127. (a) Each plan shall c ontain 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 associat ed with such pollution, and to enhance awareness of measures which can be taken to prevent the standards from be ing exceeded and ways in which the public can participate in regulatory and other effort s to improve air quality. 

### MD Lead Infrastructure SIP Page 15

### Permitting fees: § 110(a)(2)(L) requires SIPs to require each major stationary source to pay permitting fees to cover the co st of reviewing, approving, impl ementing, and enforcing a permit.
Maryland's permitting fee schedules and permit requirements are included under the following regulations: COMAR 26.11.01.08 Determination of Ground Level Concentrations COMAR 26.11.02.09 Sources Subject to Perm its to Construct and Approvals* COMAR 26.11.02.12 Permits to Construct for PSD and NSR Sources COMAR 26.11.02.13 Sources Subject to State Permits to Operate COMAR 26.11.02.16 Permit Fees COMAR 26.11.02.17 Fee Schedule for New or Modified Emissions Units COMAR 26.11.02.19 Fee Schedule: Title V Pe rmit or a State Permit to Operate * includes the following: Stationary source of lead that discharges 1 ton per year or more of lead or lead compounds measured as elemental lead—p ermit to construct required



### MD Lead Infrastructure SIP Page 16

### MD Lead Infrastructure SIP Page 17 

# Additional Information on Lead (Pb) Monitoring (Information below from the AMBIENT AIR MONITORING NETWORK PLAN FOR CALENDAR YEAR 2012 , prepared by the Ambient Air Monitoring Program, Air and Radiation Administration Management, Maryland Department of the Environment, May 23, 2011) Table 1 Monitoring Required due to Revisions to Pb ambient air monitoring regulations

Requirement Appendix to Part 58 Required Comments One source-oriented SLAMS site located to measure the maximum Pb concentration resulting from each non-airport Pb source which emits 0.50 or more tons per year 4.5(a) 0 The Program modeled the .57tpy GenOn Energy in Charles County and found it below the threshold and will be submitting a waiver for it in early December 2011 One source-oriented SLAMS site located to measure the maximum Pb concentration resulting from airport which emits 1.0 or more tons per year 4.5(a) 0 The Program, in conjunction with EPA Region III, found no Pb sources satisfying this requirement in the 2007 emissions inventory Non-source oriented Pb monitoring at each required NCore site in a CBSA having a population of 500,000 or more. 4.5(b) 1



### Lead Sources Lead (Pb) is a metal found naturally in the envi ronment as well as in manufactured products. The major sources of lead emissions have historicallybeen motor vehicles (such as cars and trucks) and industrial sources. As a result of EPA's regu latory efforts to remove lead from gasoline, emissions of lead from the transportation sector dramatically declined by 95 percent between 1980 and 1999, and levels of lead in the ai r decreased by 94 percent between 1980 and 1999. Today, the highest levels of lead in air are usually found near lead smelters. Other stationary sources are waste incinerators, utilities, lead-acid battery manu facturers and general aviation airports. Soil can pick up lead fr om exterior paint, or other sources such as past use of leaded gas in cars.

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## - ... ,., ' t MDE Outreach , Education and E vent s T ogether we can all make a differen c e - leam more abou t MD E outreach and how you can he l p Governor Mart rn 0 Malle v Lt Gonrnof Anrtlooy G Btawn 11 ,

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News *"'Med i a Advtsory*"' Maryland First Lady Katie O'Malley to Present "Rethink Recycling" Sculpture Contest Awards Lt. Gov. Anthony G. Brown Addresses MDE's 2nd Annual Clean Water Innovations Trade Show, Recognizes Innovative Storm water Project MOE Secretary Summers celebrates the 40th anniversary of the Clean Water Act with Parkway E lementary students Lead Po i soning Cases Drop Overall, R i se in Propert i es Not Prev i ously Covered by Md

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DE Public Meetings , Hearings and Request for Comments**~** Notice of Public Hearings on Tentative Permit Determination to reissue the General Permit for Storm Water Discharges from Industrial Activities, General Permit No. 12-SW. Application forms (i.e. Notices of Intent for coverage) The Department is proposing to reissue the General Permit for Storm Water Discharges from Industrial Activities , General Permit No. 12- SW. Application forms (i

. e . Notices of Intent for coverage) will be posted and distributed when the permit is final. The Department will hold public hearings to receive oral testimony concerning the proposed permit on Monday, November 26, 2012 at 1 pm and Friday, November 30, 2012 at 1 pm in the Terra Conference Room at the Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, Maryland 21230. If you are planning to attend the hearing, please park in the West End/Blue (http://www.mde.state.md.us/proqrams/Permlts/WaterManagementPermlts/WaterDischarqePermitAppllcatlons/Documents/ GDP%20Stormwater/mo parking areas. log) parking lot, off of Washington Boulevard

. Written comments concerning the draft permit will also be considered in the preparation of a final permit determination if

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

. II. ny questions regarding this tentative determination, including the draft permit and fact sheet, should be direct to Michael Richardson at the Maryland Department of the Environment, Water Management Administration, at mrlchardson@mde.state

. md

. us, or by telephone at 410-537-3323 between the hours from 8 : 00a

. m . to 5:00p

. m., Monday through Friday. Copies of the draft pe r mit and fact sheet are now available for view

. (Include link to http:l/www

. mde

. state.md

. us/proqrams/Permlts/WaterManaqementPermlts/WaterDischarqePermltAppllcat!ons/Paqes/ Permlts/watermanaqementpermlts/water appltcat!onststormwater

. aspx) Notice of 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 (MOE) will hold a public hearing on a State Implementation Plan (SIP) addressing implementation, maintenance, and enforcement measures for the 2008 75 ppb 8-hour ozone national ambient air quality standard. The public hearing will be held on December 21, 2012 at 10 a.m. in the Maryland Department of the Environment headquarters located at 1800 Washington Boulevard, Aeris First Floor Conference Room, Balt i more, 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 P-roposed plan document has been made available on the Maryland Department of the Environment's website at htt A;f£1Yww.mde.state.md.us/orograms/ A ir/ A ir QuailtyPiannlng?P§is/orograms/alrpr85!rams / a l r plann ln g /mdex.aspx l Note: tlie public library systems in the region can be used for Internet access to view tlie document. Copies of the document can be viewed at the Maryland Department of the Environment Office, Air and Radiation Management.t A.dministration, 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. TIY 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.
"' Notice of Public Hearings/Comment Periods Concerning Proposed Amendments to Air Quality Regulations The Maryland Department of the Environment gives notice of public hearings/comment periods concerning the following proposed actions: 1. Amendments to Regulations .17 and .19 under COMAR 26.11.02 Permits, Approvals, and Registration (a) Amendments to COMAR 26.11.02.17 clarify how fees are applied to Air Quality Permit to Construct source categories; establish a new fee for an additional source category that requires an Air Quality Permit to Construct; and raise the existing minimum fee for securing a standard Air Quality Permit to Construct from $200 to $500, for most sources. The proposed fee increases apply to sources requiring an individual Air Quality Permit to Construct. The fees will remain the same for small sources requiring an Air Quality General Permit to Construct. (b) Amendments to COMAR 26.11.02.19 raise the annual base fee for large air pollution sources in Maryland that are required to obtain a federal Title V Permit or State Permit to Operate. The proposed amendments raise the annual base fee from $200 to $5,000 for sources requiring a federal Title V Permit and from $200 to $500-$1,000 for sources requiring a State Permit to Operate. 2. Amendments to Regulation .02 under COMAR 26.11.34 Low Emissions Vehicle Program update Maryland's Clean Car regulations to reflect the changes made to the California Low Emissions Vehicle Program (i.e., Cal LEV or Clean Car Program) since the last update in 2010. This action will be submitted to the U.S. EPA for approval as a revision to Maryland's State Implementation Plan. (See Technical Document)
The full text of the proposed amendments will appear in the Maryland Register at http://www.dsd.state.md.us/mdregister/ on November 30, 2012. Public hearings on this actions will be held on January 3, 2013 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Comments on the proposed actions must be received by 5 pm on January 3, 2013. For more information or to submit comments, call/e-mail/ fax: Deborah Rabin, Regulations Coordinator, Air and Radiation Management Administration Department of the Environment 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 Telephone: (410) 537-3240 Email: drabin@mde.state.md.us Fax: (410) 537-4223

• Notice of Public Hearings Concerning Proposed Amendments to Air Quality Regulations and New Regulations The Maryland Department of the Environment gives notice of a public hearing concerning the following proposed action affecting Subtitle 09 MARYLAND C02 BUDGET TRADING PROGRAM: Amendments to Regulation .02 under COMAR 26.09.01 General Administrative Provisions and Regulations .03 and .06 - .09 under COMAR 26.09.02 Applicability, Determining Compliance, and Allowance Distribution. The purpose of this action is to: 

### 12/5/2012

### http:// 1. Add certain definitions. 2. Revise the process by which allowances are allocated to the set-aside accounts

. 3. Revise the requirements for the distribution of allowances from the Long Term Contract Set-Aside Account

. 4. Revise the amount of allowances allocated to the Long Term Contract Set-Aside Account and the Clean Generation Set-Aside Account. 5. Specify that the only renewable energy credit purchases that qualify to have RGGI C02 allowances retired are renewable energy credits generated in RGGI states.
The full text of the proposed amendments will appear in the Maryland Register at http://www.dsd.state.md.us/mdneglster/ on November 2, 2012

. Click here for the hearing Technical Support Document. A public hearing on the proposed action will be held on December 5, 2012 at 10 a . m . at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore , Maryland 21230-1720

. Comments must be received not later than December 5, 2012, or be submitted at the hearing. For more information or to submit comments, call/e
- mail/ fax: Kathleen Perry, Air and Radiation Management Administration Department of the Environment 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720 Telephone: (410) 537-3277 Email: kperry@mde.state.md.us Fax: (410) 537-4223 

# If Notice of Public Hearing concerning the Revised 110 (a) (2) Infrastructure SIP for the 2008 Lead (Pb) National 

# v

- Ambient Air Quality Standard The Maryland Department of the Environment (MDE) gives notice of a Public Hearing concerning the revised 110 (a) (2) infrastructure SIP for the 2008 lead (Pb) national ambient air quality standard. A public hearing will be held on December 5, 2012, at the Department of the Environment, 1800 Washington Boulevard, Baltimore, ·' Maryland 21230- First Floor Conference Room- 10:00 AM fhe

. Maryland Department of the Environment (MDE) will hold a public hearing, on the above State Implementation Plan (SIP) addressing implementation, maintenance, and enforcement measures for the lead (Pb) national ambient air quality standard

. 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 plans will be finalized and submitted to the United States Environmental Protection Agency (EPA) to revise the State Implementation Plan required by the Clean Air Act

. The proposed plan documents have been made available on the Maryland Department of the Environment's website at: htto://www.mde.state.md.us/programs/Air/AirOualltyPiannlng/Pages/programs/airorograms/alr plannl ng/lndex.aspx NOTE: the public library systems in the region can be used for Internet access to view the documents. Copies of the documents can be viewed at the Maryland Department of the Environment Office, Air and Radiation Management fldministration, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland
- Contact: Jim Wilkinson or Sally Frampton Comments may be presented at the hearing, mailed, emailed, or faxed to Jim Wilkinson, Maryland Department of the Environment, Air and Radiation Management Administration,1800 Washington Boulevard, Baltimore, MD, 21230, Fax # 410-537-3202, or to lwllklnson@mde.state.md.us. The comments must be received before close of business December 5, 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 Jim Wilkinson at (410) 537-3240 (Toll free in Maryland call (800) 633 - 6101 ext

. 3240) or lwllklnson@mde.state.md.us

.



### .mde.state.md. us/aboutmde/ About.

..

## MARY LAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard • Baltimore MD 21230 410-537-3000 • 1-800-633-6101 • www.mde.state.md.us Robert M. Summers, Ph.D. Secretary Kathy M. Kinsey Deputy Secretary artin O’Malley overnor nthony G. Brown eutenant Governor M G A Li 

### Maryland Department of the Environment Notice of Public Hearing on Air Quality Plan The Maryland Department of the Environment (MDE) gives notice of a Public Hearing concerning the revised 110 (a) (2) infrastructure SIP for th e 2008 lead (Pb) national ambient air quality standard. A public hearing will be held on: December 5, 2012, at the Department of th e Environment, 1800 Washington Boulevard, Baltimore, Maryland 21230 – First Floor Conference Room – 10:00 AM The Maryland Department of the Environment (MDE) will hold a public hearing, on the above State Implementation Plan (SIP) addressing implementation, maintenance, and enforcement measures for the lead (Pb) national ambient air quality standard. 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 plans will be finalized and submitted to the United States Environmental Protection Agency (EPA) to revise the State Implementation Plan required by the Clean Air Act. The proposed plan documents have been made availabl e on the Maryland Department of the Environment's website at 

### http://www.mde.state.md.us/programs/Air/AirQuali tyPlanning/Pages/programs/ airprograms/air_planni ng/index.aspx NOTE: the public library systems in the region can be u sed for Internet access to view the documents. Copies of the documents can be viewed at the Maryland Department of the Environment Office, Air and Radiation Management Administration, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland - Contact: Jim Wilkinson or Sally Frampton Comments may be presented at the hearing, mailed, emaile d, or faxed to Jim Wilkinson, Maryland Department of the Environment, Air and Radiation Management Administration,1800 Washington Boulevard, Baltimore, MD, 21230, Fax # 410-537-3202, or to jwilkinson@mde.state.md.us . The comments must be received before close of business December 5, 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.

Recycled Paper 

### www. mde.state.md.us TTY Users 1-800-735-2258 Via Maryland Relay Service

### Page 2

Recycled Paper 

### www.mde.state.md.us TTY Users 1-800-735-2258 Via Maryland Relay Service 

### For more information contact Jim Wilkinson at (410) 537-3240 (Toll free in Maryland call (800) 633-6101 ext. 3240) or jwilkinson@mde.state.md.us

. 

### Maryland Department of the Environment Air and Radiation Manage ment Administration 1800 Washington Boulevard, Ste. 730 Baltimore, Maryland 21230

### Jim Wilkinson - Re: Fw d: Hearing notice

The hearing notice is up! >>> Mary Jane Rutkow ski 11/2/2012 11:26 AM >>> Samantha & Diana May we please have this up today? Ou r managers think we are too close to th e legal time line. This will give us a small cushion. Thanks! >>> Samantha Kappalman 11/2/2012 11:22 AM >>> Yep. So it should go up Monday, right? Just send Diana or me the link and we can put it up. Diana: We should not take anything off noti ces & alerts. Just add this to the top. Samantha Kappalman Director of Communications Maryland Department of the Environment 410-537-3010 443-934-1023 (cell) www.mde.state.md.us >>> Kathleen Perry 11/2/2012 11:10 AM >>> Hi Samantha, Would you be able to approve the posting of the atta ched information to the ma in page under Notices and Alerts? We are required to have the notice up for 30 days before the hearing on December 5th. Thanks, Katy From: Diana Alegre To: Kappalman, Samantha; Perry, Ka thleen; Rutkowski, Mary Jane Date: 11/2/2012 12:01 PM Subject: Re: Fwd: Hearing notice CC: Hu g , Brian; Wilkinson, Jim 

### Pa g e 1 of 1

file://C:\Documents and Setting

... 12/10/2012 4:44:59 PM

### Molla Sarros - Hearing notice

Hi Diana, Could we link to the attached hearing notice from t he main page under Notices and Alerts? The title w ould be: Notice of Public Hearing concerning the Revised 110 (a) (2) Infrastructure SIP for the 2008 Lead (Pb) National Ambient Air Quality Standard Thanks so much, Katy From: Kathleen Perry To: Alegre, Diana Date: 11/2/2012 10:57 AM Subject: Hearing notice CC: Wilkinson, Jim Attachments: HearingNotice 5 Dec 12.pdf



### file:///C:/Users/msarros/AppData/... Page 1 of 1 12/11/2012

### Jim Wilkinson - Re: Ozone Authority SIP

The lead notice may be removed on December 6, 2012. The ozone notice may be removed on January 5, 2013. Thanks >>> Samantha Kappalman 11/8/2012 1:47 PM >>> Ok, we'll need to prioritize what's up there. Some things will need to come off. For both of your SIP links, please send us an email when we can come down. Samantha Kappalman Director of Communications Maryland Department of the Environment 410-537-3010 443-934-1023 (cell) www.mde.state.md.us >>> Mary Jane Rutkow ski 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: T hunell, Ro g er 

### Pa g e 1 of 1

file://C:\Documents and Setting

... 12/10/2012 4:46:34 PMSubject: Created By: Scheduled Date: Creation Date: From: Recipient Lead 11 0 SIP hearing notice iwilkinson@mde.state.md.us 10/31/2012 2:29PM Jim Wilkinson

To: Allegany County Environmental Health Director (AL Co Env Health Director. FIELD_ OFFICES_PO.FIELD_OFFICES) To: Anne Arundel County Environmental Health Director (AA Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)

To: Baltimore City Environmental Health Director (BA Cty Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)

To: Baltimore County Environmental Health Director (BA Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)

To : Baltimore County Environmental Health Director 2 (BA Co Env Health Director2.FIELD_OFFICES_PO.FIELD_ OFFICES) CC: Brian Hug (bhug@mde.state.md.us) To: Calvert County Environmental Health Director (CA Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)

To: Caroline County Environmental Health Director (CO Co Env Health Director

. FIELD_OFFICES_PO.FIELD_OFFICES)

To: Carroll County Environmental Health Director (CL Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)

To : Cecil County Environmental Health Director (CE Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)

To: Charles County Environmental Health Director (CH Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)

To: Dorchester County Environmental Health Director (DO Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)

To: Frederick County Environmental Health Director (FR Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)

To: Garrett County Environmental Health Director (GA Co Env Health Director.FIELD_OFFICES_PO.FIELD_OFFICES)

To: Harford County Environmental Health Director (HA Co Env Health Director

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To: Howard County Environmental Health Director (HO Co Env Health Director. FIELD_OFFICES_PO

. FIELD _OFFICES)

To: Kent County Environmental Health Director (KE Co Env Health Dlrector.FIELD_OFFICES_PO

. FIELD_OFFICES) Action Transferred Undeliverable Transferred Transferred Transferred Third-Party Downloaded Transferred Transferred Incomplete Transferred Transferred Transferred Transferred Transferred Transferred Transferred Transferred To: Montgomery County Environmental Health Director (MO Co Env Health Transferred Director.FIELD_OFFICES_PO

. FIELD_OFFICES)

To: Montgomery County Environmental Health Director 2 (MO Co Env Protection.FIELD_OFFICES_PO

. FIELD_OFFICES)

To: Montgomery County Wells and Permits (MO Co Permits and Wells. FIELD_OFFICES_PO.FIELD_OFFICES)

To : Prince Georges County Environmental Health Director (PG Co Env Health Director.FIELD_OFFICES_PO

. FIELD_OFFICES)

To: Queen Annes County Environmental Health Director (QA Co Env Health Director

. FIELD_OFFICES_PO.FIELD_OFFICES)

CC : Randall Carroll (rcarroll@mde

. state

. md

. us) CC: Roger Thunell (rthunell@mde.state.md.us) To : Somerset County Environmental Health Director (SO Co Env Health Director.FIELD_OFFICES_PO

. FIELD_OFFICES)

To: St Marys County Environmental Health Director (SM Co Env Health Director

. FIELD_OFFICES_PO

. FIELD_OFFICES) Transferred Transferred Transferred Transferred Third-Party Downloaded Third-Party Downloaded Transferred Transferred 

### Page 1 of2

Date & Time Comment 10/31/2012 2:30PM 10/31/2012 550 5.1.1 User 2:30 PM unknown 10/3112012 2:30PM 10/31/2012 2:30PM 10/3112012 2:30PM 11/1/2012 4:05AM 10/31/2012 2:30PM 10/31/2012 2:30PM 10/31/2012 2:30PM 10131/2012 2:30PM 10/31/2012 2:30PM 10/3112012 2:30PM 10/31/2012 2 : 30PM 10/31/2012 2:30PM 10/31/2012 2:30PM 10131/2012 2:30PM 10/31/2012 2 : 30PM 10/31/2012 2:30PM 10/31/2012 2:30PM 10/31/2012 2:30PM 10131/2012 2:30PM 10131/2012 2:30PM 11/112012 4:43AM 11/1/2012 4:45AM 10/31/2012 2:30PM 10/31/2012 2 : 30PM 451 Recipients not all at same mail host
- psmtp



### file 

### :11/C :IU sers/jwilkinson/ AppData/Localff emp/XPgrpwise/50913 

### 5 E6MDEDOMpo2lin... 11/30/2012To: Talbot County Environmental Health Director (TACo Env Health Director.FIELD_OFFICES_PO

. FIELD _OFFICES)

To: Washington County Environmental Health Director (WACo Env Health Director

. FIELD_OFFICES_PO.FIELD_OFFICES)

To: Wicomico County Environmental Health Director (WI Co Env Health Director

. FIELD_OFFICES_PO.FIELD_OFFICES)

To : Worcester County Environmental Health Director (WO Co Env Health Director

. FIELD_OFFICES_PO.FIELD_OfFICES) Transferred Transferred Transferred Transferred 

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10/31/2012 2:30PM 10/3112012 2:30PM 10/31/2012 2:30PM 10/31/2012 2:30PM



### file:///C : /Users/jwilkinson/AppData/Local!femp/XPgrpwise/509135E6MDEDOMpo2lin... 1 J 

### /30/2012 

# •

•Subject: Created By: Scheduled Date: Creation Date: From: Recipient ·Lead 110 SIP hearing notice jwilkinson@mde

. state

. md.us 10/31/2012 2 : 31 PM Jim Wilkinson

To: Allegany County Health Officer (Al Co Health Offlcer

. FIELD_OFFICES_PO.FIELD_OFFICES)

To : Anne Arundel Health Officer (AA Co Health Officer

. FIELD_OFFICES_PO.FIELD_OFFICES)

To: Baltimae City Health Officer (BA Cty Health Offlcer

. FIELD_OFFICES_PO

. FIELD_OFFICES)

To: Baltimae County Health Officer (BA Co Health Officer

. FIELD_OFFICES_PO.FIELD_OFFICES)

CC: Brian Hug (bhug@mde.state.md.us) To: Calvert County Health Officer (CA Co Health Offlcer.FIELD_OFFICES_PO

. FIELD_OFFICES)

To : Caroline and Kent County Health Officer (CO and KE Co Health Offlcer.FIELD_OFFICES_PO

. AELD_OFFICES)

To : Carroll County Health Officer (CL Co Health Offlcer.FIELD_OFFICES_PO

. FIELD_OFFICES)

To : Cecl County Health Officer (CE Co Health Offlcer.FIELD_OFFICES_PO

. FIELD_OFFICES)

To : Charles County Health Officer (CH Co Health Offlcer.FIELD_OFFICES_PO.FIELD_OFFICES)

To: Dorchester County Health Officer (DO Co Health Offlcer

. FIELD_OFFICES_PO.FIELD_OFFICES)

To: Frederick County Health Officer (FR Co Health Offlcer.FIELD_OFFICES_PO

. FIELD_OFFICES)

To : Garrett County Health Officer (GA Co Health Offlcer

. FIELD_OFFICES_PO.FIELD_OFFICES)

To : Harford County Health Officer (HA Co Health Offlcer

. FIELD_OFFICES_PO

. FIELD_OFFICES)

To : Howard County Health Officer (HO Co Health Offlcer.FIELD_OFFICES_PO.FIELD_OFFICES)

To : Montganery County Health Officer (MO Co Health Offlcer.FIELD_OFFICES_PO.FIELD_OFFICES)

To : Prince Georges County Health Officer (PG Co Health Officer

. FIELD_OFFICES_PO.FIELD_OFFICES)

To : Queen Annes County Health Officer (QA Co Health Offlcer

. FIELD_OFFICES_PO

. FIELD_OFFICES)

CC : Randall Carroll (rcarrol@mde.state

. md.us) CC : Roger Thunell (rthunell@mde.state.md.us) To: Somerset County Health Officer (SO Co Health Offlcer

. FIELD_OFFICES_PO.FIELD_OFFICES)

To: St Marys County Health Officer (SM Co Health Officer.FIELD_OFFICES_PO

. FIELD_OFFICES)

To: Talbot County Health Officer (TACo Health Offlcer

. FIELD_OFFICES_PO

. FIELD_OFFICES)

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. FIELD_OFFICES_PO

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To: \/Vicomico County Health Officer (WI Co Health Officer

. FIELD_OFFICES_PO

. FIELD_OFFICES)

To: Worcester County Health Officer (WO Co Health Offlcer

. FIELD_ OFFICES_PO

. FIELD_OFFICES) 

### Page 1 of 1

Action Date&Time Comment Transferred .10/31/2012 2:31PM Transferred 10/31/2012 2:31PM 10/31/2012 550 5

. 2

. 1 The email account that you Undeliverable 2:31PM tried to reach Is disabled

. v5si5852660paz.144 10/31/2012 550 5

. 2.1 The email apcount that you Undeliverable 2:31PM tried to reach is disabled. v5sl5852660paz.144 Read 11/1/2012 8:48AM Undeliverable 10/31/2012 550 5.2.1 The email account that you 2:31PM tried to reach Is disabled. v5sl5852660paz.144 Transferred 10/31/2012 2:31PM Transferred 10/31/2012 2:31PM Transferred 10/31/2012 2:31PM Transferred ' 10/3112012 2:31PM Transferred 10/31/2012 2:31PM Transferred 10131/2012 2:31PM Transferred 10/31/2012 2 : 31PM Transferred 10/31/2012 2:31PM Transferred 10/31/2012 2:31PM Transferred 10/31/2012 2:31PM Transferred 10/31/2012 2:31PM Transferred 10/31/2012 2:31PM Third-Party 1111/2012 Downloaded 4 : 43AM Third-Party 11/1/2012 Downloaded 4:45AM Transferred 10/31/2012 2:31PM Transferred 10/3112012 2:31PM Transferred 10/31/2012 2:31PM Transferred 10/31/2012 2:31PM Transferred 10/31/2012 2:31PM Transferred 10/31/2012 2 : 31PM



### file:///C:!Users/jwilkinson/AppData/Localffemp/XPgrpwise/50913631MDEDOMpo2lin... 11/30/2012

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### Page 1 of 1
Subject: Notice of Maryland Certification for Clean Air Act Section 11 O(a) (2), Lead (Pb) Infrastructure SIP. Created By: Scheduled Date: Creation Date: From: jwilkinson@mde.state.md.us 10/31/2012 3:02PM Jim Wilkinson Recipient Action Date & Time Comment

CC: Angelo Bianca (abianca@mde.state.md.us) Read 11/1/2012 8:59AM CC: Brian Hug (bhug@mde.state

. md.us) Read 11/112012 8:49AM CC: Debbie Rabin (drabin@tnde

. state.rnd

. us) Third-Party Downloaded 11/1/2012 4:14AM CC: Diane Franks (dfranks@mde.state.md.us) Third-Party Downloaded 11/112012 4:12AM CC: frankford.harold@epa.gov (frankford.harold@epa.gov) Transferred 10/31/2012 3 : 04PM 2.0.0 message relayed CC: linden.melissa@epa.gov**(linden.melissa~ee_a.gov)** To: ranbordner@state.pa.us (ranbordner@state.pa.us) CC: Roger Thunell (rthunell@mde.state.md.us) CC: Sally Frampton (sframpton@mde.state

. md.us) CC: Tad Abum (gabum@mde.state.md.us) Transferred

_**10/31/201~~:04 ~M** **_ 2.~** **0** message relayed

_ Transferred 10/31/2012 3:02PM Third-Party Downloaded 11/1/2012 4:45AM Read 11/212012 9:11AM Third-Party Downloaded 111112012 4:18AM



### file:/ I IC 

### :IV sers/j wilkinson/AppData/Localff emp/XPgrpwise/50913 D6EMD EDOMpo21in... 11 /30/2012

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### Page 1 of 1

Subject: Notice of Maryland Certification for Clean Air Act Section 110(a) (2), Lead (Pb) Infrastructure SIP Created By: Scheduled Date: Creation Date: From: Recipient Jwilkinson@mde.state.md.us 10/31/2012 2:56PM Jim Wilkinson

To : ali.mirzakhalili@state

. de

. us (ali.mirzakhalili@state

. de

. us) CC : Angelo Bianca (abianca@mde.state.md.us) To: bill.o'sullivan@dep

. state

. nj.us (bill

. o'sullivan@dep.state

. nj.us)

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

. us) To: cacily

. beall@dc.gov (cecily.beall@dc.gov) CC : Debbie Rabin (drabin@mde

. state

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

. md

. us) CC: frankford.harold@epa

. gov (frankford

. harold@epa

. gov) To : jepps@state

. pa.us (jepps@state

. pa.us) To : John.A.Benedict@wv

. gov (John.A

. Benedict@wv.gov) CC: linden.melissa@epa.gov (linden.mellssa@epa.gov) To : mgdowd@deq

. virginia

. gov (mgdowd@deq

. virginia.gov)

· CC : Roger Thunen (rthunell@mde

. state.md

. us)

BC : Sally Frampton (sframpton@mde

. state.md.us) CC : Tad Abum (gabum@mde

. state.md

. us) Action Date&Time Comment Transferred 10/31/2012 2:56 PM Third-Party 11/1/2012 4:01 AM Downloaded Delivered 10/31/2012 3 : 04 PM Third-Party 11/1/2012 4 : 04AM Downloaded Transferred 10/31/2012 2:56 PM Third-Party 11/1/2012 4 : 14AM Downloaded Third-Party 11/1/2012 4:12AM Downloaded Transferred 10/31/2012 2:57 2

. 0.0 message PM relayed Transferred 10/31/2012 2:56 PM Transferred 10/31/2012 2 : 56 PM Transferred 10/31/2012 2:57 2.0.0 message PM relayed Transferred 10/31/2012 2:56 PM Third-Party 1111/2012 4:45AM Downloaded Read 11/2/2012 9:11 AM Third-Party 11/1/2012 4 : 18AM Downloaded



### file:///C:/U sers/jwilkinsonl AppData/Localffemp/XPgrpwise/50913C 19MDEDOMpo2lin

.. . 11130/2012

### 1 Statement of the Air and Radiation Management Admin istration

Maryland Department of the Environment For the Public Hearing Concerning the infrastructur e State Implementation Plan (SIP) for the Revised Lead (Pb) Standard Held on December 5, 2012 Lead (Pb) SIP Good morning. My name is Jim Wilkinson. I am a Planner in the Air Quality Planning Division, Air Quality Planning Program of the Air & Radiation Man agement Administration, Maryland Department of Environment. This public hearing is related to the air quality p lan titled the infrastructure SIP for the Revised Lead (Pb) standard. This public hearing is being held pursuant to feder al law found at 42 U. S. C. § 7410(a) and 40 CFR Parts 51.102 and 251. It is also being held in conformanc e with the State Administrative Procedure Act, unde r the State Government Article, beginning at Section 10-101. Copies of each of the public hearing notices and th e Proposed Infrastructure State Implementation Planfor the Revised Lead (Pb) Standard will be part of the formal hearing record. Access to the proposed document was made available via the website of the Maryland Department of the Environment. Hard copies were also available at th e Maryland Department of the Environment. The purpose of this hearing is to provide the publi c with an opportunity to formally comment on the proposed document. Summary of Proposed Infrastructure State Implementa tion Plan for the Revised Lead (Pb) Standard The Clean Air Act was passed in 1970 to protect pub lic health and welfare. Congress amended the Act in 1990 to establish requirements for areas not meetin g the National Ambient Air Quality Standards (NAAQS). The CAAA established a process for evaluating air quality in each region and identifying nonattainment areas according to the severity of it s air pollution problem. The Clean Air Act sets health standards for six ambient pollutants: carbon monoxi de, sulfur dioxide, nitrogen oxides, ozone, lead an d particulate matter. The Environmental Protection Ag ency establishes rules and regulations to implement the Clean Air Act. On October 15, 2008, EPA substantially strengthenedthe national ambient air quality standards (NAAQS) for lead. The revised standards are 10 times tighte r than the previous standards and will improve heal th

### 2

protection for at-risk groups, especially children. EPA has revised the level of the primary (health-b ased) standard from 1.5 micrograms per cubic meter ( μ g/m3), to 0.15 μ g/m3, measured as total suspended particles (TSP). EPA has revised the secondary (wel fare-based) standard to be identical in all respect s to the primary standard. Currently, using the data fr om EPA’s lead standards web page, http://www.epa.gov/air/lead/actions.html, Maryland does not expect any areas of the state to be above the new standard. The attached State Implementation Plan verifies that Maryland fully complies with the requirements of §110(a)(2) of the Clean Air Act by having all nece ssary implementation, maintenance, and enforcement measures in place in Maryland for the revised lead (Pb) National Ambient Air Quality Standard (NAAQS).
CONSIDERATION OF COMMENTS The Department will consider all pertinent comments , and revise the proposed plan if necessary, before making a final decision to adopt the plan and submi t it to the U.S. Environmental Protection Agency fo r approval as a Maryland State Implementation Plan. Written comments may be presented at this hearing but cannot be accepted if not presented before the close of the hearing. The 30-day public comment pe riod that began on November 2, 2012 for receipt of all c omments to the plan will close at the end of this p ublic hearing.1 1 

### MARYLAND DEPARTMENT OF THE ENVIRONMENT 2 

### AIR AND RADIATION MANAGEMENT ADMINISTRATION 3 

### 4 5 

### PUBLIC HEARING 6 7 

### CONCERNING THE INFRASTRUCTURE STATE IMPLEMENTATION 8 

### PLAN (SIP) FOR THE REVISED LEAD (Pb) STANDARD 9 

### 10 11 The hearing in the above matter commenced on 12 Wednesday, December 5, 2012, at the MOE Headquarters, 13 Montgomery Park, 1800 Washington Boulevard, Baltimore, 14 Maryland. 15 16 

### BEFORE: DEBORAH RABIN, Hearing Officer 17 

### 18 Reported by: Linda Metcalf 19 20 21

For The Record, Inc. (301) 870-8025 - 

### www. ftrinc. net - (800) 921-5555

### · .· 2 

### 1 A P P E A R A N C E S 2 3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT : 4 5 DEBORAH RABIN 

### 6 Regulations Coordinator 7 Regulation Development Division 8 Air and Radiation Management 9 Maryland Department of the Environment 10 1800 Washington Boulevard, Suite 730 11 Baltimore, Maryland 21230 1 2 13 14 JIM WILKINSON 

### 15 Natural Resources Planner 16 Air Quality Planning Division 17 Air and Radiation Management Administration 18 Maryland Department of the Environment 19 1800 Washington Boulevard, Suite 730 20 Baltimore, Maryland 21230 21

For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800) 921-55553 1 I N 0 E X 2 3 

### Speaker : Page : 4 

### Opening Remarks, Deborah Rabin, MOE 4 

### 5 

### Hearing Statement, Jim Wilkinson, MOE 6 6 7 8 9 

### 10 11 

### 12 13 14 15 

### 16 17 18 

### 19 20 2 1



### For The Record, Inc. (301) 870-8025- www.ftrinc . net- (800) 921-5555:

· : 4 

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

### 2 3 MS. RABIN: Good morning. On behalf of the 4 Department of the Environment and the Air and Radiation 5 Management Administration, I would like to welcome you to 6 this public hearing. 7 This public hearing is being held pursuant to 8 Federal law found at 40 U.S.C. Section 7410(a) and 40 CFR 9 Parts 51.102 and 251. It is also being held in 10 conformance with the State Administrative Procedures Act 11 under State Government Article beginning at Section 10- 12 101. 13 Notice of this hearing was posted on the 14 Maryland Department of the Environment website commencing 15 on November 5, 2012. 16 My name is Deborah Rabin. I am the Regulations 17 Coordinator for the Air and Radiation Management 18 Administration. I would like to welcome you to this 19 public hearing, and I will serve as hearing officer for 20 today's hearing. 21 I would like to ask everyone in attendance to

For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800) 921-5555

### 5 1 

### please sign in, if you haven't already done so. This 2 

### will help us to keep an accurate record of the people who 3 

### participate in the hearing. Also, a full copy of the 4 

### proposed lead infrastructure State Implementation Plan is 5 

### available on the table for your information. 6 

### The hearing will proceed in the following 7 

### order. First, Mr. Jim Wilkinson, Air Quality Planner 8 

### with the Air Quality Planning Program of the Air and 9 

### Radiation Management Administration, will read the 10 Department's statement into the record. 11 

### After Mr. Wilkinson is finished, I will call on 1 2 any elected official or government official who wants to 13 make a statement. Then, I will call upon anyone else who 14 indicated on the sign-in sheet that he or she would like 15 to make a statement. 16 When giving your statement, please identify 17 yourself and your affiliation, and give your statement 

### 18 loudly and clearly. 19 Hearing procedure does not call for question 20 

### and answer sessions. Statements recorded at this hearing 21 event will be answered in writing and published with the



### For The Record, Inc. (301) 870-8025- www . ftrinc.net- (800) 921-55556 1 

### final State Implementation Plan document. 2 

### Are there any procedural questions? 3 

### (No response. ) 4 

### MS. RABIN: Since there are no questions, Mr. 5 

### Wilkinson will now proceed with the Department's 6 

### statement. 7 8 

### Statement of the Air and Radiation Management 9 

### Administration 

### 1 0 Maryland Department of the Environment 11 

### For the Public Hearing Concerning the infrastructure 1 2 

### State Implementation Plan (SIP) for the 13 

### Revised Lead (Pb) Standard 14 

### Held on December 5, 2012 15 

### Lead (Pb) SIP 

### 16 Good morning. My name is Jim Wilkinson. I am 17 a Planner in the Air Quality Planning Division, Air 18 Quality Planning Program of the Air and Radiation 

### 19 Management Administration, Maryland Department of 20 Environment. 21 This public hearing is related to the air



### For The Record, Inc . (301) 870-8025- www.ftrinc.net- (800) 921-55557 1 

### quality plan titled the Infrastructure SIP for the 2 

### Revised Lead (Pb) standard. 3 

### This public hearing is being held pursuant to 4 

### federal law found at 42 U.S.C. § 

### 7410(a) and 40 CFR Parts 5 

### 51.102 and 251. It is also being held in conformance 6 

### with the State Administrative Procedure Act, under the 7 

### State Government Article, beginning at Section 10-101. 8 

### Copies of the public hearing notice and the 9 

### Proposed Infrastructure State Implementation Plan for the 10 Revised Lead (Pb) Standard will be part of the formal 11 

### hearing record. 12 Access to the proposed document was made 13 available via the website of the Maryland Department of 14 the Environment. Hard copies were also available at the 15 Maryland Department of the Environment. 16 The purpose of this hearing is to provide the 17 public with an opportunity to formally comment on the 18 proposed document. 19 Summary of Proposed Infrastructure State Implementation 20 Plan for the Revised Lead (Pb) Standard 21 The Clean Air Act was passed in 1970 to protect


### For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800) 921-55558 1 

### public health and welfare. Congress amended the Act in 2 

### 1990 to establish requirements for areas not meeting the 3 

### National Ambient Air Quality Standards (NAAQS). The CAAA 4 

### established a process for evaluating air quality in each 5 

### region and identifying nonattainment areas according to 6 

### the severity of its air pollution problem. The Clean Air 7 

### Act sets health standards for six ambient pollutants: 8 

### carbon monoxide, sulfur dioxide, nitrogen oxides, ozone, 9 lead and particulate matter. The Environmental 10 Protection Agency establishes rules and regulations to 11 

### implement the Clean Air Act
. 12 On October 15, 2008, EPA substantially 

### 13 strengthened the national ambient air quality standards 14 (NAAQS) for lead. The revised standards are 10 times 15 tighter than the previous standards and will improve 16 health protection for at-risk groups, especially 

### 17 children. EPA has revised the level of the primary 18 (health-based) standard from 1.5 micrograms per cubic 19 meter (pg/m3), to 0.15 pg/m3, measured as total suspended 20 particles (TSP)
. EPA has revised the secondary (welfare21 based) standard to be identical in all respects to the

For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800) 921-55559 

### 1 

### primary standard. Currently, using the data from EPA's 2 

### lead standards web page: 

### 3 http://www.epa.gov/air/lead/actions.html, Maryland does 4 

### not expect any areas of the state to be above the new 5 

### standard. 6 

### The attached State Implementation Plan verifies 7 

### that Maryland fully complies with the requirements of 8 

### §110(a) (2) of the Clean Air Act by having all necessary 9 

### implementation, maintenance, and enforcement measures in 10 place in Maryland for the revised lead (Pb) National 11 

### Ambient Air Quality Standard (NAAQS). 12 CONSIDERATION OF COMMENTS 1 3 The Department will consider all pertinent 14 comments, and revise the proposed plan if necessary, 

### 1 5 before making a final decision to adopt the plan and 16 submit it to the U.S. Environmental Protection Agency for 17 approval as a Maryland State Implementation Plan

. 18 Written comments may be presented at this hearing but 19 cannot be accepted if not presented before the close of 20 the hearing. The 30-day public comment period that began 21 on November 2, 2012 for receipt of all comments to the

For The Record, Inc. (301) 870-8025- www . ftrinc.net- (800) 921-5555

### 10



## . . 1 plan will close at the end of this public hearing. 2 3 MS. RABIN: Would anyone like to comment on 4 this SIP revision? 5 (No response)
. 6 MS. RABIN: Please let the record reflect that 7 no one has commented on this proposed SIP revision. 8 This will conclude our public hearing. Let the 9 record reflect that it is now 10:33 and this hearing and 10 the record for public comment on the infrastructure SIP 11 for the revised lead standard is now officially 12 concluded. 13 (Whereupon , the hearing was concluded) 

### 14 15 16 17 18 19 20 21
For The Record, Inc. (301) 870-8025- www.ftrinc.net- (800) 921-5555

### 11 1 

### CERTIFICATE OF COURT REPORTER 2 

### 3 

### I, Linda Metcalf, do hereby certify that the 4 

### foregoing transcription was reduced to typewriting via 5 

### audiotapes recorded by me; that I am neither counsel for, 6 

### nor related to, nor employed by any of the parties to the 7 

### case in which these proceedings were transcribed; that I 8 

### am not a relative or employee of any attorney or counsel 9 

### employed by the parties hereto, nor financially or 10 otherwise interested in the outcome of the action. 11 

### 12 13 14 15 

### 16 LINDA METCALF 17 Court Reporter 18 19 20 21


### For The Record, Inc. (30 

### 1) 870-8025 - 

### www. ftrinc. net - (800) 921-5555

### MDE

Name (please print) 

# NL J

- 

### ·'

, . 

### MARYLAND DEPARTM · . _ . OF THE ENVIRONMENT AIR AND RADIATION MANAGEMENT ADMINISTRATION PUBLIC HEARING CONCERNING STATE IMPLEMENTATION PLAN 

### Lead (Pb) Infrastructure SIP December 5, 2012 Signature Organization or Address Affiliation 

# u!V E_ 

# A-z v**£IV()~** Do You How did you Wish To find out about Testify? this hearing?


# l**~**

# MDE MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard • Baltimore MD 21230 410-537-3000 • 1-800-633-6101 • www.mde.state.md.us

M a r ti n 0 ' M lle y Gov er· n o r Ro b e rt M. S
. e r s, Ph

. D
. Antho n y G. Bro · , v:o Lieulen a n G o ve r o r



### Linda C. Janey , J.D., Assistant Secretary Clearinghouse and Communications Maryland State Clearinghouse for Intergovernmental Assistance Maryland Office of Planning 301 West Preston Street Baltimore MD 21201 Dear Ms. Janey: S ec ret r y



### I am enclosing a copy of the introductory sections of the State of Maryland Lead (Pb) Infrastructure State Implementation Plan (SIP). Section 11 O(a) of the federal Clean Air Act requires that each SIP provide for the implementation , maintenance , and enforcement of the 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 EPA. These "infrastructure SIPs" provide assuran ces of state resources and authorities, and where necessary establish the basic state programs , to implement , maintain, and enfo rce new or revised standards

. This document summarizes where the 

### § 11 O(a) (2) requirements for the 2008 revised lead NAAQS are addressed in Maryland ' s current SIP or pending SIP revisions. This document may also be viewed at the website link below: http :// www.mde.state.md.us / Program 

### IAirPrograms / air planning / ind x.asp A public hearing on the redesignation request will be held on December 5, 2012
. The official close of the cormnent period occurs at the end of business hours on December 5, 2012
. The hearing will be held as required by federal law (Clean Air Act at 42 U .S .C
.. 7410 (a) and 40 CFR 51.1 02). If you have any comments on this redesignation request , please call me at (410) 537-3240.

Rec yc le d Paper

# Sin**/t(j{_____** / Jim Wilkinson ' Natural Resources Planner Air and Radiation Management Administration

www . mde .st ate
. md

. us TT Y Users 1

- 8 0

- 7 3 5

- 2 258 Via Mar y la nd R ela y Se r v i c e

# ~~A**) ~**  

# ..:.:::. /

______________ sustainab/e

__ Attainab/e Maryland Department of Planning

November 15, 2012

Mr. Jim Wilkinson Natural Resources Planner, Air and Radiation Management Administration Maryland Department of the Environment 1800 Washington Boulevard Baltimore, MD 21230 STATE CLEARINGHOUSE REVIEW PROCESS

State Application Identifier: MD20121113-0781 Project Description: State of Maryland Lead (Pb) Infrastructure State Implementation Plan (SIP), Public hearing on December 5, 2012 Project Location: Maryland Clearinghouse Contact: Sophia Richardson Dear Mr. Wilkinson: Thank you for subm itting your project for intergovernmental review. Participation in the Maryland Intergovernmental Review and Coordjnation (MIRC) process helps ensure project consistency with plans, programs, and objectives of St ate agencies and local governments. Notice of your application is being provided to State and local public officials through the lutergo• ,ern meutal Monitor, 

### which i s a database of projects received by the State Clearinghouse for Int ergove rnmental Assistance. This information may be viewed at http://planning.maryland.gov/emircpublic/. The project has been assigned a unique State Application Identifier that shou ld be used on all documents and correspondence. If you need assistance o r have questions, contact the State Clearinghouse staff noted above at 410-767-4490 or through e-mail at srichardson@mdp.state.md.us. T ha nk you for your cooperation with the MIRC process.

# ~15~ Linda C. Janey, J.D., Assistant Secretary P.S. Great News/I Your project may be eligib l e to be "Fas tTra cked" throug h the Stale permitting processes. For more information, go to: hlfp :/leasv. m arv land. gov!wordp r essl[asl/rackl. 

### LCJ:SR Enclosure(s) cc: U .S. Environmental Protection Agency 12-078/

_ NM.NEWdoc

Martin O ' Malley , Governor Anthony G. Brown, Lt. Governor Richard Eberhart Hall, AICP, Secretary Matthew J

. Power, Deputy Secretary 301 West Preston Stree t - Suite 1101 - Baltimore
- Maryland
- 21201 Tel : 410

. 767.4500 - Toll Free : 1.877

. 767

. 6272 - nY users: Maryland Relay
- Planning.Marylancl.gov1 

### MARYLAND DEPARTMENT OF THE ENVIRONMENT RESPONSE TO COMMENTS for the PUBLIC HEARINGS and SUBMISSIONS Hearing held on December 5, 2012 in Baltimore, Maryland in relation to Lead (Pb) Infrastructure SIP
Dates and Locations: A public hearing was held on December 5, 2012 at MDE Headquarters, 1800 Washington Boul evard, 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 Lead (Pb) Infrastructure SIP for the 2008 revised l ead standard. This SIP was released for public comment and review on November 2, 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 Jim Wilkinson, Air Quality Planner, who represente d the Air Quality Planning Program of the Air and Radiation Management Administration. Deborah Rabin served as the hearing officer. Comments and Responses: No comments were received at the hearing, and no comments at all were received during the comment period.