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 control measures: § 110(a)(2)(A)...........................................................5 

Ambient air quality monitoring/data system: § 110(a)(2)(B)..........................................................6 

Program for enforcement of control 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 requirements: § 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 each state that identifies how that state will attain 

and maintain the primary and secondary National Ambient Air Quality Standards (NAAQS). 

The SIP contains regulations, source-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 compiled under 40 CFR Part 52 Subpart V. 

Section 110(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 assurances of state resources and authorities, and 

where necessary establish the basic state programs, to implement, maintain, and enforce new or 

revised standards. This document summarizes where the §110(a) (2) requirements for the 2008 

revised lead NAAQS are addressed in Maryland’s current SIP or pending SIP revisions. 

This certification addresses Maryland'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/m3 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 New Sources and Modifications 

- Subpart J – Ambient Air Quality Surveillance 

- Subpart K – Source Surveillance 

- Subpart L – Legal Authority 

- Subpart M – Intergovernmental Consultation 

- Subpart O – Miscellaneous Plan Content Requirements 

- Subpart P – Protection 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 statutory 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 each element 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 submittals, 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 that the state is submitting for approval and incorporation by 

reference into its SIP. 

If a state believes that its existing approved infrastructure SIP is adequate, then the state's 

SIP submission may be a certification that the existing SIP contains provisions 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 provisions in the existing SIP and provide a specific 

description of how compliance with each element is achieved. 

Two elements identified in section 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 infrastructure SIP actions: (1) section 110(a)(2)(C) 

to the extent it refers to permit programs (known as "nonattainment new source review") under 

part D; and (2) section 110(a)(2)(I) in its entirety. EPA does not expect infrastructure SIP 

submittals to include regulations or emission limits developed specifically for attaining the 

relevant standard. Those submittals are due at the time the nonattainment area planning elements 

are due (18 months following designation). 

MD Lead Infrastructure SIP Page 2 
Except as described above, subsections (A) through (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 infrastructure SIP submission 

should include a list or table referencing all Pb emission reduction 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 submission 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 should include a list or table referencing all Pb 

emission reduction measures adopted and relied on by 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 address any applicable EPA amendments to Pb 

PSD rules within 3 years from the date of such amendments. 

Section 110(a)(2)(D)(i) provides for SIPs to include provisions prohibiting any source or other 

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

interfering with maintenance, of the NAAQS in another state. (The preceding requirements, from 

subsection (2)(D)(i)(I), respectively refer to what may be called prongs 1 and 2.) Further, this 

section directs SIPs to include provisions prohibiting any source or other type of emissions 

activity in one state from interfering with measures 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 prevent Pb emissions from experiencing the same travel or 

formation phenomena as PM2.5 or ozone. More specifically, 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 source 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-element (prong 3) may be met by the state’s 

confirmation in a SIP submission that new major sources and major modifications in the state are 

MD Lead Infrastructure SIP Page 3 
subject to PSD and (if the state contains a nonattainment area for the relevant pollutant) 

Nonattainment New Source Review (NNSR) programs that implement the 2008 Pb NAAQS1

. 

Since all areas are currently subject to the regional haze program which addresses visibilityimpairing pollutants, at this time EPA would not expect 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 show that 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 regulations 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 Plan Content 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 available 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 appropriate 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 requiring the state to 1) revise 

its section 110 plan from time to time as may be necessary to take into account 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 provide a process of consultation with general 

purpose local governments, designated organizations of elected officials of local governments, 

and any federal land manager having authority over federal land to which the plan applies, 

consistent with the requirements of CAA § 121. 

The SIP should provide citations to regulations requiring the state to regularly notify the public 

of: instances or areas in which 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-Hour 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 obligations 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 ambient 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 air 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 identify the 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 provide 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 revision or a compliance schedule, a state must 

provide notice, provide the opportunity to submit written comments, and allow the public the 

opportunity to request a public hearing- see 40 CFR 51.102, "Public hearings”. 

Certification

Maryland's State Implementation Plan meets all of the required 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 and other control measures, means, or techniques 

(including economic incentives such as fees, marketable permits, and auctions of emissions 

rights), as well as schedules and timetables for compliance.

Maryland’s enforceable emission limitations and 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 5 
COMAR 

 Chapter 

Chapter Name Pb Remarks 

26.11.01 General Administrative Provisions2 Administrative 

provisions 

26.11.02 Permits, Approvals, and Registration3 .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, compile, and analyze data on ambient air quality, and 

upon request, make such data available 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 measuring ambient air quality levels 

shall be those specified in 40 C.F.R. Parts 50, 53 and 58). 

• Maryland operates and maintains a network 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. All ambient air monitors in the Maryland 

network are subjected to the Quality Assurance 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 μg/m3 to 0.15 μg/m3, measured as 

total suspended particles (TSP, but PM10 will be allowed at NCore sites) and 

revised the secondary (welfare-based) standard to be identical in all respects to the 

primary standard. On December 30, 2009, EPA proposed revisions to the lead 

monitoring requirements pertaining to where State and local monitoring agencies 

would be required to conduct lead monitoring. The final 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 statutory authority is necessary to authorize data analysis 

or the submission of such data to EPA. Federal grant requirements establish the 

obligation to provide data to EPA. 

• In order to keep EPA informed of changes to the sampling network, MDE 

provides EPA Region III with prior notification of any planned changes to the 

network. As needed, details of these changes and anticipated approvals of the 

changes are communicated to EPA. Pursuant to 40 C.F.R. Part 58, Subpart B, 

Section 58.10, MDE sends the EPA Regional Administrator an Annual 

Monitoring Network Plan for approval that details any modifications to the 

network. This plan also provides a description of each modification, the reason 

for each modification, and any other information relevant to the modifications. 

Section 58.10 also requires MDE (beginning 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 determine, 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 existing sites are no longer needed and can 

be terminated, and whether new technologies are appropriate for incorporation 

into the network. 

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

(AQS). MDE collects and reports to EPA all ambient air quality data for SO2, 

CO, O3, NO2, PM10, and PM2.5. 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 EPA air quality system (AQS) for updating 

pursuant to prescribed AQS procedures. The EPA AQS receives each report 

within 90 days after the 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 control measures: § 110(a)(2)(C) requires SIPs to include a 

program providing for the enforcement 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 requirements are under COMAR 26.11.02 and 

COMAR 26.11.03. 

• Maryland's Prevention of Significant Deterioration requirements are under 

 COMAR 26.11.06.14. 

• Maryland's nonattainment provisions for major 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 the 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 Air 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 Protection Agency's final Prevention of 

Significant Deterioration (PSD) and Title V Greenhouse Gas Tailoring Rule, 

which was published in the Federal Register 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 Standards, Prohibitions, and Restrictions. 

Interstate transport: § 110(a)(2)(D) requires SIPs to prohibit any source or other type of 

emissions activity within the state from emitting air pollutants in amounts that contribute 

significantly to nonattainment or that interfere with maintaining the NAAQS in another state. 

This section also requires that SIPs prohibit any source or other type of emissions activity within 

the state from interfering with measures required to prevent significant deterioration of air 

quality or to protect visibility in another state. 

 D (i) SIPs must prohibit any source or other type of emissions activity from emitting any 

air pollutant in amounts which will: 

MD Lead Infrastructure SIP Page 8 
(I) contribute significantly to nonattainment in, or interfere with 

maintenance by, any other State with respect to any such national primary 

or secondary ambient air quality standard 

(II) interfere with measures required to be included in the applicable 

implementation plan for any other State under part C to prevent 

significant deterioration of air quality or to protect visibility. 

• Maryland 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 comparison to those associated with sulfate, 

nitrate, and carbon PM.” 5

The physical properties of lead (Pb) prevent Pb emissions from experiencing the same travel or 

formation phenomena as PM2.5 or ozone. There is a sharp decrease in Pb concentrations, 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 maintenance 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-suspended 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 §§ 1266 and 1157 (interstate 

and international pollution abatement) 

 

5

 11/7/2011 Memorandum titled The Estimated Contribution of Ambient Lead (Pb) to Class I Area Visibility Impairment, from

Mark Schmidt, OAR/OAQPS/AQAD 

6

 §126 (a) Each plan shall (1) require each major proposed new or modified source (A) subject to Part C or (D) which may 

significantly contribute to pollution in excess of the NAAQS in any AQCR outside the State in which such source intends to 

locate or modify, to provide written notice to all nearby States the pollution levels of which may be affected by such source 60 

days prior to the date on which commencement of construction is to be permitted by the State, and (2) identify all major existing 

stationary sources which may have the impact described in (1) with respect to new or modified sources and provide notice to all

nearby States of the identity of such sources. (b) Any State may petition EPA for a finding that any major source or group of 

stationary sources emits or would emit any pollutant in violation of the prohibition of § 110(a)(2)(D)(ii) or this section. (c) 

Notwithstanding any permit which may have been granted by the State, it shall be a violation of this section and the plan - (1) for 

any major proposed new or modified source with respect to which a finding has been made under subsection (b) to be constructed 

or to operate in violation of this section and the prohibition of § 110(a)(2)(D)(ii) or this section, or (2) for any major existing 

source to operate more than 3 months after such finding has been made. EPA may permit the continued operation of a source 

beyond the expiration of the 3-month period if the source complies with the emission limitations and compliance schedules as 

may be provided by EPA to bring about compliance with the requirements of § 110(a)(2)(D)(ii). Nothing shall be construed to 

preclude any such source from being eligible for an enforcement order under § 113(d) after the expiration of such period during

which EPA has permitted continuous operation. 

7

 § 115 (a) Whenever EPA, upon receipt of reports, surveys or studies from any duly constituted international agency has reason 

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 Review (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 air pollution in Maryland. 

• In addition, nothing in Maryland's statutory or regulatory authority prohibits or 

otherwise interferes with Maryland's ability to exercise §§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 requirements 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 federal or state law from 

carrying out such implementation plan). 

In Maryland, the resources to carry out the 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 Maryland 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 endanger 

public health or welfare in a foreign country or whenever the Secretary of State requests it to do so, EPA shall give formal 

notification to the Governor of the State in which such emissions originate. (b) The EPA notice shall be deemed to be a finding 

under § 110(a)(2)(H)(ii) which requires a plan revision with respect to so much of the applicable plan as is inadequate to prevent 

or eliminate the endangerment. Any foreign country so affected by such emission of pollutants shall be invited to appear at any 

public hearing associated with any revision of the appropriate portion of the applicable plan. (c) This section shall apply only to 

a foreign country which EPA determines has given the US the same rights with respect to the prevention or control of air 

pollution occurring in that country. (d) Recommendations issued following any abatement conference conducted prior to CAA 

1977 shall remain in effect with respect to any pollutant for which no NAAQS has been established under § 109 unless EPA, 

after consultation with all agencies, which were party to the conference, rescinds any such recommendation. 

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 penalties or fines. Maryland's Clean Air 

Fund may be used for (1) identifying, monitoring, and regulating air pollution in 

the State, including program development of these activities as provided in the 

State budget; and (2) providing grants to local governments to supplement 

funding for programs conducted by local governments that are consistent with the 

Maryland program. 

• 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 when an air pollution emergency exists: 

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

Authority to adopt regulations that establish standards 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 Quality Control Advisory Council - consultation advice regarding 

proposed regulations: Environment Article, §§ 2-201-206, Annotated 

Code of Maryland.

Authority to adopt rules and regulations for the control 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 control area in the State: Environment Article, §2-302 (b)-

(d), Annotated Code of Maryland. 

Authority to enforce the standards 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 § 1288

. 

 

8

 § 128 (a) each plan shall contain requirements that - (1) any board or body which approves permits or enforcement orders shall

have at least a majority of members who represent the public interest and do not derive any significant portion of their income

from persons subject to permits or enforcement orders, and (2) any potential conflicts of interest by members of such board or 

body or the head of an executive agency with similar powers be disclosed. A State may adopt any requirements respecting 

conflicts of interest for such boards or bodies or heads of executive agencies, or any other entities which are more stringent than 

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, agency, 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 or regional government, agency, or 

instrumentality for specific SIP implementation. 

• Maryland has adequate personnel to carry out 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 (approved 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 Temporary Increases in Emissions. 

• Maryland's stationary source emissions monitoring requirements for specific 

source types are found throughout COMAR 26.11 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 Opacity Monitoring (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 for authority to address activities 

causing imminent and substantial endangerment to public health, including contingency plans to 

implement the emergency episode provisions in the SIP. An emergency 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 regulations that establish standards 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 conjunction with violations of existing regulatory 

requirements: Environment Article, §2-604 (Administrative 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 improved 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 revise 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 statutory 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 discussed above in the paragraphs 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 authority 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 noted 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 with local governments and Federal Land Managers carrying 

out NAAQS implementation requirements pursuant to § 1219 consultation requirements 

The Metropolitan Washington Air Quality Committee (MWAQC) was certified in 1991 by chief 

executives of Maryland, Virginia and the District of Columbia as the entity responsible for 

carrying out the regional planning requirements of the Clean Air Act Amendments of 1990 

(membership includes local elected officials). 

Interstate Air Quality Council (IAQC) Memorandum of Understanding signed 3/24/05 by the 

Governors of Maryland, Virginia and the District of Columbia. 

COMAR 26.11.26 provides a legal platform for the various consultation procedures that have 

been developed between the Maryland Department of the Environment (MDE), Maryland 

Department of Transportation (MDOT), and Metropolitan Planning Organizations (MPOs). The 

MPOs provide the forum for consultation with local governments. Maryland's MPOs are: (1) the 

Baltimore Regional Transportation Board (BRTB), (2) the National Capital Transportation 

Planning Board (TPB) for the Washington region, (3) the Wilmington Area Planning Council 

(WILMAPCO) for New Castle County, Delaware and Cecil County, Maryland, and (4) the 

Hagerstown/Eastern Panhandle (HEP) for the Hagerstown area, which includes Washington 

County, Maryland and the counties of Berkeley and Jefferson in West Virginia. 

• The Air Quality Control Advisory Council 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 direct sources of pollution, or (2) any measure referred to - (A) in part D), or (B) in 

part C, and in carrying out the requirements of § 113(d), the State shall provide a satisfactory process of consultation with general 

purpose local governments, designated organizations of elected officials of local governments and any FLM having authority 

over Federal land to which the State plan applies. Such process shall be in accordance with regulations promulgated by EPA. 

Only a general purpose unit of local government, regional agency, or council of governments adversely affected by action of 

EPA approving any portion of a plan may petition for judicial review. 

MD Lead Infrastructure SIP Page 14 
• COMAR 26.11.17 Nonattainment New Source 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. (§ 12710 public notification)

PSD and visibility protection: § 110(a)(2)(J) also requires states to meet applicable 

requirements of Part C related to prevention of significant deterioration and 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 emission from any NAAQS pollutant and 

submission of such data to EPA upon requests. 

Air Quality Modeling: 

• Authority under §2-302 of the Environment Article, Annotated Code of 

Maryland. 

• Inherent in the obligation to meet the NAAQS is the authority for the Department 

to perform modeling as required under the CAA to demonstrate attainment. 

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 contain measures to regularly notify the public of when any NAAQS is exceeded or was exceeded 

during the preceding year, to advise the public of health hazards associated with such pollution, and to enhance awareness of 

measures which can be taken to prevent the standards from being exceeded and ways in which the public can participate in 

regulatory and other efforts to improve air quality. 

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 cost of reviewing, approving, implementing, 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 Permits 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 Permit 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—permit 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 environment as well as in manufactured products. The 

major sources of lead emissions have historically been motor vehicles (such as cars and trucks) 

and industrial sources. As a result of EPA's regulatory 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 air 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 manufacturers and general aviation 

airports. Soil can pick up lead from exterior paint, or other sources such as past use of leaded gas 

in cars. 
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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 permit 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, Baltimore, Maryland, 21230 . 

The public hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410 (a) and 40 CFR 51.102). 

After consideration of comments received, the plan will be finalized and submitted to the United State Environmental Protection Agency 

for approval. 

The P-roposed plan document has been made available on the Maryland Department of the Environment's website 

at httA;f£1Yww.mde.state.md.us/orograms/Air/AirQuailtyPiannlng?P§is/orograms/alrpr85!rams/ alr plannlng/mdex.aspxl 

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. .. 
 MARYLAND 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 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 

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 available on the Maryland Department of the Environment's 

website at 

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

ng/index.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 Administration, 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 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 Management Administration 

1800 Washington Boulevard, Ste. 730 

Baltimore, Maryland 21230 
Jim Wilkinson - Re: Fwd: Hearing notice 

 

The hearing notice is up! 

>>> Mary Jane Rutkowski 11/2/2012 11:26 AM >>> 

Samantha & Diana 

May we please have this up today? Our managers think we are too close to the 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 notices & 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 attached information to the main 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, Kathleen; Rutkowski, Mary Jane

Date: 11/2/2012 12:01 PM

Subject: Re: Fwd: Hearing notice

CC: Hug, Brian; Wilkinson, Jim

Page 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 the main page under Notices and Alerts? The title would 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 Rutkowski 11/8/2012 1:44 PM >>> 

Good Afternoon 

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

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

place for a minimum of 30 days from the date we post the documents. We should have the documents on the 

server early next week.. Thanks for your assistance! 

From: Mary Jane Rutkowski

To: Kappalman, Samantha

Date: 11/8/2012 1:53 PM

Subject: Re: Ozone Authority SIP

CC: Thunell, Roger

Page 1 of 1

file://C:\Documents and Setting... 12/10/2012 4:46:34 PM
Subject: 

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.FIELD_OFFICES_PO.FIELD_OFFICES) 

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) 

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Director.FIELD_ OFFICES_PO.FIELD_ OFFICES) 

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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) 

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451 Recipients not all 

at same mail host -

psmtp 

file :11/C :IU sers/jwilkinson/ AppData/Localff emp/XPgrpwise/50913 5 E6MDEDOMpo2lin... 11/30/2012 
To: 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) 

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Director.FIELD_OFFICES_PO.FIELD_OfFICES) 

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• 

• 
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) 

To: Washington County Health Officer rNA Co Health 

Officer.FIELD_OFFICES_PO.FIELD_OFFICES) 

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 

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Undeliverable 2:31PM tried to reach is disabled. 

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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 

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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) 

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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 

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file:// /C:/U sers/jwilkinsonl AppData/Localffemp/XPgrpwise/50913C 19MDEDOMpo2lin... 11130/2012 
1

Statement of the Air and Radiation Management Administration 

Maryland Department of the Environment 

For the Public Hearing Concerning the infrastructure 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 Management Administration, Maryland Department of 

Environment. 

This public hearing is related to the air quality plan titled the infrastructure SIP for the Revised Lead (Pb) 

standard. 

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

51.102 and 251. It is also being held in conformance with the State Administrative Procedure Act, under 

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

Copies of each of the public hearing notices and the Proposed Infrastructure State Implementation Plan for 

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 the Maryland Department of the Environment. 

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

proposed document. 

Summary of Proposed Infrastructure State Implementation Plan for the Revised Lead (Pb) 

Standard 

The Clean Air Act was passed in 1970 to protect public health and welfare. Congress amended the Act in

1990 to establish requirements for areas not meeting 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 its air pollution problem. The Clean Air Act sets health 

standards for six ambient pollutants: carbon monoxide, sulfur dioxide, nitrogen oxides, ozone, lead and 

particulate matter. The Environmental Protection Agency establishes rules and regulations to implement

the Clean Air Act. 

On October 15, 2008, EPA substantially strengthened the national ambient air quality standards (NAAQS)

for lead. The revised standards are 10 times tighter than the previous standards and will improve health 
2

protection for at-risk groups, especially children. EPA has revised the level of the primary (health-based) 

standard from 1.5 micrograms per cubic meter (μg/m3), to 0.15 μg/m3, measured as total suspended 

particles (TSP). EPA has revised the secondary (welfare-based) standard to be identical in all respects to 

the primary standard. Currently, using the data from 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 necessary 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 submit it to the U.S. Environmental Protection Agency for 

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 period 

that began on November 2, 2012 for receipt of all comments to the plan will close at the end of this public 

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) 921-5555 
3 

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) 921-5555 
6 

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) 921-5555 
7 

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) 921-5555 
8 

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) 921-5555 
9 

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) 

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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 

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15 

16 LINDA METCALF 

17 Court Reporter 

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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 

Ma r tin 0 ' M lle y 

Gover· n o r 

Rob e rt M. S . e r s, Ph . D. 

Anthon y G. Bro·,v:o 

Lieulena n Gove 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: 

Secret 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 assurances of state resources and authorities, and where 

necessary establish the basic state programs, to implement, maintain, and enforce new or revised 

standards. This document summarizes where the § 11 O(a) (2) requirements for the 2008 revised 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 I AirPrograms/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 led Paper 

Sin /t(j{_____ 

/ 

Jim Wilkinson ' 

Natural Resources Planner 

Air and Radiation Management Administration 

www . mde .state . md . us TT Y Users 1- 8 0 - 735- 2258 

Via Mar yla nd Rela y Se r vi 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 submitting 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 State agencies and local governments. 

Notice of your application is being provided to State and local public officials through the lutergo•,ernmeutal 

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

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

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

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

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

Linda C. 

~15~ Janey, J.D., Assistant Secretary 

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

For more information, go to: hlfp:/leasv.marvland.gov!wordpressl[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 Street - Suite 1101 - Baltimore - Maryland - 21201 

Tel: 410.767.4500 - Toll Free: 1.877.767.6272 - nY users: Maryland Relay - Planning.Marylancl.gov 
1

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 Boulevard, in Baltimore, Maryland. 

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

document prepared for the U.S. Environmental Protection Agency pertaining to the Lead 

(Pb) Infrastructure SIP for the 2008 revised lead 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 represented 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.