  

TECHNICAL SUPPORT DOCUMENT (TSD)

     FOR THE STATE OF MARYLAND 111(d)/129 PLAN 

  REVISION (#1) FOR LARGE MUNICIPAL WASTE 

COMBUSTORS (MWC) UNITS

Submitted by the Maryland Department of the Environment, Shari T.
Wilson, Secretary

  on October 24, 2007 

TSD Prepared February 2007 by

James B. Topsale,P.E.

Air Quality Analysis Branch, 3AP22

U.S. Environmental Protection Agency, Region 3

1650 Arch Street

Philadelphia, Pennsylvania 19103

(215) 814-2190

_______________/S/___________________

Reviewed by Walter K. Wilkie, Chief

Air Quality Analysis Branch

__  3/6/08_________

Date Signed

	

                       TABLE OF CONTENTS

	Page

I.	INTRODUCTION	  3

II.  BACKGROUND	  3

A.	Federal Requirements for MWC 111(d)/129 Plans	  3

B.	MWC Emissions	 4

C.	Applicability . . . . . . . . . . . . . . . . . . . 	4

D.	Designated Facilities . . . . . . . . . . . . . . . 	4

III. CRITERIA USED IN PLAN EVALUATION	 5

IV.  PLAN REVISION REVIEW . . . . . . . . . . . . . . . . .	  5

A.	Evaluation of the Maryland Plan against the requirements of 40 CFR
Part 60, Subpart Cb, Sections 60.30b through 60.39b	5

     B.   Evaluation of the Maryland Plan against the                   
  requirements of 40 CFR Part 60, Subpart B, Sections              60.23
through 60.26	12

          

 

V.	CONCLUSION	 22

I.  INTRODUCTION

This action approves the Maryland 111(d)/129 plan revision for
controlling municipal waste combustor (MWC) emissions from existing
large MWC units.  The plan revision was submitted on October 24, 2007 to
satisfy the requirements of Sections 111(d) and 129 of the Clean Air Act
(CAA), and regulations promulgated thereunder.  After an August 8, 2007
public hearing on the plan revision, it was adopted by the Maryland
Department of the Environment (MDE)on September 12, 2007 and became
effective on October 8, 2007. The original plan was approved by EPA in
the Federal Register on April 23, 1999.  (64 FR 19919)

II.  BACKGROUND

A.	Federal Requirements for MWC 111(d)/129 Plans

Section 111(d) of the CAA requires that "designated" pollutants
controlled under standards of performance for new stationary sources by
Section 111(b) of the CAA must also be controlled at existing sources in
the same source category. Also, Section 129 of the CAA specifically
addresses solid waste combustion. It requires EPA to establish emission
guidelines (EG) for MWC units and requires states to develop state plans
for implementing the promulgated EG. The Part 60, Subpart Cb, EG for MWC
units address both Section 111(d) and Section 129 requirements. Section
129 requirements override certain aspects of Section 111(d). 

On December 19, 1995, pursuant to Sections 111 and 129 of the CAA, EPA
promulgated new source performance standards (NSPS) applicable to new
MWCs (i.e., constructed after September 20, 1994) and EG applicable to
existing MWCs.  The NSPS and EG are codified at 40 CFR Part 60, Subparts
Eb and Cb, respectively.  See 60 FR 65387.  Subparts Cb and Eb regulate
the following air pollutants:  particulate matter, opacity, sulfur
dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead,
cadmium, mercury, and dioxins and dibenzofurans.

Section 129(a)(5) of the CAA requires EPA to conduct a 5-year review of
the NSPS and EG and revise both, if appropriate. As a result, in the May
10, 2006 edition of the Federal Register, EPA adopted revised section
129 rules for large MWC units.

Accordingly, the MDE has submitted the required State plan revision to
EPA for review and approval.  State Plan revisions must be (at least as
protective( as the EG revisions.  The procedures for adoption and
submittal of State Plans and revisions are codified in 40 CFR Part 60,
Subpart B. 

B.	MWC Emissions

Emissions from MWCs contain organics (dioxin/furans), metals (cadmium,
lead, mercury, particulate matter, opacity), and acid gases (hydrogen
chloride, sulfur dioxide, and nitrogen oxides).  These pollutants can
cause adverse effects to the public health and the environment. Dioxin,
lead and mercury can bioaccumulate in the environment. Acid gases
contribute to the acid rain that damages lakes and harms forests and
buildings. Furthermore,

nitrogen oxides emissions can contribute to ground level ozone, which is
associated with a number of adverse health and environmental effects.

C.  Applicability

The large MWC EG, Subparts Cb, apply to each MWC unit with a combustion
capacity greater than 250 TPD of MSW for which construction was
commenced on or before September 20, 1994. Excluded from this
applicability under Subpart Cb are 1) small qualifying power production
facilities, as defined in Section 3(17)(C) of the Federal Power Act; 2)
qualifying cogeneration facilities, as defined in Section 3(18)(B) of
the Federal Power Act; 3) any unit combusting a single-item waste stream
of tires; 4) material recovery facilities (including primary and
secondary smelters); 5) cofired combustors, as defined in the MWC NSPS,
Subpart Eb; 6) air curtain incinerators that combust 100% yard waste;
and 7) pyrolysis/combustion units that are an integrated part of a
plastics/rubber recycling unit, as defined in Subpart Eb. The scope of
these exemptions is discussed in more detail under the MWC rule preamble
(60 FR 65391 and 62 FR 45117) and Section 60.32b of the MWC EG, as
amended.  The MDE MWC regulation does not identify these exclusions.

D.  Designated Facilities

The MDE has identified two(2) facilities with individual MWC units
having combustion capacities greater than 250 TPD. The first facility,
the Wheelabrator Baltimore, L.P. (formerly known as Baltimore Resco)
plant has a total capacity of 2,250 TPD, consisting of three 750 TPD
units each. The second facility, the Montgomery County Resource Recovery
Facility (formerly known as Ogden Martin Systems of Montgomery County)
plant, has a total capacity of 1,800 TPD.

III.  CRITERIA USED IN PLAN EVALUATION

The Maryland 111(d)Plan revision was reviewed against the following
criteria:

     1.  40 CFR Part 60, Subparts Cb, and Eb, as amended May 10,        
 2006, Sections 60.30b through 60.39b.

2.  40 CFR Part 60, Subpart B, as amended, Sections 60.23           
through 60.26.

3.  EPA Document entitled: " Municipal Waste Combustion:            
Summary of the Requirements for Section 111(d)/129 State          Plans
for Implementing the Municipal Waste Combustor             Emission
Guidelines", July 1996.

IV.  PLAN REVISION REVIEW

A. Evaluation of the Maryland Plan revision against the requirements of
40 CFR Part 60, Subpart Cb, Sections 60.30b through 60.39b, as amended
May 10, 2006.

(60.30b, Scope and Delegation of Authority

EPA retains those authorities as listed in the EG at 40 CFR 60.30b(b)
and the related NSPS provisions at 40 CFR 60.50b(n).

(60.31b  Definitions (COMAR 26.11.08.01 and .02)

COMAR 26.11.08 reference to definitions is complete and consistent with
those given in (60.31b, and the applicable subpart Eb (60.51b
definitions, as amended. See the July 6, 2007 Maryland Register notice,
26.11.08 Control of Incinerators, Statement of Purpose.

(60.32b Designated facilities (COMAR 26.11.08.02)

COMAR 26.11.08 is as protective as the requirements under 60.32b, as
amended.

(60.33b Emission MACT requirements for MWC metals, acid gases,
organics, NOx.

                               Maryland COMAR 26.11.08.08A.(2) MACT
Requirements - Region III Review



Pollutant or Parameter	

MD Emission Standards (Large MWCP) 	

Emissions Stds.

(As Protective(	

Comment(s)



CO (ppmv, 4hr blk)	

100	

Yes	





Total

Dioxin/Furans (ng/dscm)	

ESP based controls - 35; non ESP based controls - 30	

Yes	

See note 2 below.



Part. Matter (gr/dscf)	

0.01 	

Yes	





Opacity (%)	

10 	

Yes 	





Cadmium (ug/dscm)	

35 	

Yes	

.



Lead (ug/dscm)	

400 	

Yes	

. 



Mercury (mg/dscm)	

0.05 or 85% red. (less stringent)	

Yes	





Note: 1.  All concentrations are based on 7% O2 dry basis, except as
provided in 40 CFR 60.58b(6). 

          2.  Revised standards are highlighted in (bold( print;
compliance required by 4/28/09.                        







(60.33b Emission MACT requirements for MWC metals, acid gases, organics,
NOx  (Continued).

                          Maryland COMAR 26.11.08.08 A.(2)  MACT
Requirements - Region III Review



Pollutant or Parameter	

MD Emission Standards (Large MWCP) 	

Emissions Stds.

(As Protective(	

Comment(s)



SO2 (ppmv, 24-hr daily geometric mean % red.)	

29 or 75% red. (less stringent)	

Yes	





HCl (ppmv)	

29 or 95% red. (less stringent)	

Yes	





NOx (ppmv)	

205 ppmv	

Yes	





Load (% steam)	

NTE 110% of max. load during last dioxin perf. test	

Yes	





Temperature (4 hr blk. @ part. matter inlet control)	

NTE more than  17 0C of max temp. during last dioxin perf. test	

Yes	





Fugitive Ash Emissions (VE % of time)	

VE < 5% of time @ ash transfer points	

Yes	





(60.34b Emission guidelines for MWC operating practices (COMAR
26.11.08.08A.(2)):

COMAR 26.11.08.08A(2) is consistent with 60.34b, as amended.  

(60.35b Emission guidelines for MWC operator training and certification
(COMAR 26.11.08.09):  

              Maryland COMAR 26.11.08.09 Operator Training &
Certification Requirements - Region III Review



EPA 60.54b Training & Certification Req(mts - Summary	

MD

Requirement (s)	

Requirements.

(As Protective(	

Comment(s)



 (a) Chief facility operator (CFO) and shift supervisor (SS) provisional
certification through ASME or state program	

.09B.- Requires operators to be certified under state program,	

Yes	





(b) CFO and SS full certification by 12/19/96	

See above	

Yes	

Under .09B, trained operators were required after July 1, 1990 for
facility operation.



(c) Need one fully, or scheduled fully certified CFO or SS at operating
plant 	

.09B - Prohibits MWC operation without a certified operator	

Yes	

Unlike the EPA operator stand-in provision, .09B requires that the
incinerator be operated only when a trained operator is on duty.  This
is consistent  with subpart B, 40 CFR 60.24(g)  



(d) Completion of EPA or State MWC operator course by 12/19/96	

Training course completion required by 11/9/90	

Yes

	





(e)  Yearly update of site-specific O/M manual by owner/operator	

Annually 	

Yes	

See 26.11.08.09H(2)



(f) Periodic Review of the O/M manual with plant operating staffs	

Annually 	

Yes	

See 26.11.08.09B.(2) and D(1)



(g) Readily accessible O/M manual	

On-site 	

Yes	

See 26.11.08.09H(1)



MDE operator training and certification requirements of  COMAR
26.11.08.09 were approved with the original plan in lieu of ASME
requirements.

(60.36b Emission guidelines for MWC fugitive ash emissions (COMAR
26.11.08.08 A(2)): 

COMAR 26.11.08.08A(2) is as protective as the requirements of 60.36b.

(60.37b Emissions guidelines for air curtain incinerators: 

Based on the submitted source inventory, Maryland does not have any air
curtain incinerators.

(60.38b Compliance and performance testing. 

          Maryland COMAR 26.11.08.08 A(2), B, and C Compliance &
Performance Requirements - Region III Review



Pollutant or Parameter	

MD Performance & Compliance Test Req’ments	

Perf. & Compl. Test Requirements

(As Protective(	

Comment(s)



CO (ppmv, 4hr blk)	

CEMS	

Yes	





Dioxin/Furans (ng/dscm)	

EPA M23	

Yes	

  



Part. Matter (gr/dscf)	

EPA M5	

Yes	

Certified CEMS option may be used in lieu of stack test.



Opacity	

EPA M9 & COMS 	

Yes	

EPA M9 is controlling.



Cadmium (mg/dscm)	

EPA M29	

Yes	

Certified CEMS option may be used in lieu of stack test.



Lead (mg/dscm)	

EPA M29	

Yes	

Certified CEMS option may be used in lieu of stack test.



Mercury (mg/dscm)	

EPA M29	

Yes	

(60.58b(d)(2)(xi) references 60.58 b(m).  Certified CEMS option may be
used in lieu of stack test.



Note: Approval of CEM options reserved to EPA. See 40 CFR 60.30b and
60.50b(n).





(60.38b Compliance and performance testing  (Continued).

Maryland COMAR 26.11.08.08 A(2), B, and C Compliance & Performance
Requirements - Region III Review



Pollutant or Parameter	

MD

Perf. & Compl. Test Requiremts	

Perf. & Compl. Test Requirements

(As Protective(	

Comment(s)



 SO2 (ppmv, 24-hr geometric mean % red.)	

CEMS	

Yes	





HCl  (ppmv)	

EPA M26	

Yes	

Certified CEMS option may be used in lieu of stack test.



NOx  (ppmv)	

CEMS	

Yes	





Load (%)	

Cont. monitoring of steam load or (alter.method(	

Yes	





Temperature ( @ part. matter control inlet)	

Cont. monitoring	

Yes	





Fugitive Ash Emissions (VE % of time)	

VE Obs.	

Yes	





((60.39b and 60.59(b) Reporting and recordkeeping guidelines and
compliance schedules (COMAR 26.11.08.08 C and D):

The COMAR requirements are as protective as 60.39b, as amended.

B. Evaluation of the Maryland Plan revision against the requirements of
40 CFR Part 60, Subpart B, Sections ((60.23 through 60.26

40 CFR 60.23 - Adoption and submittal of State plans and revisions;
public hearings.

Federal Requirements

MDE Submittal





(60.23(a)(1) Within nine months after notice of the availability of a
final guideline document is

published under (60.22(a), each State shall adopt and submit to the
Administrator, in accordance with ( 60.4, a plan for the control of the
designated pollutant to which the guideline document applies.

Subpart Cb allows 12 months for plan revision and submittal. Thus, the
Plan revision submittal was due May 10, 2007; MDE submitted its revision
on October 24, 2007. 





(2) Within nine months after notice of the availability of a final
revised guideline document is published as provided in (60.22(d)(2),
each State shall adopt and submit to the Administrator any plan revision
necessary to meet the requirements of this subpart.

As noted above, Subpart Cb allows 12 months for plan submittal. The
State's submittal is late.  EPA does not believe this is cause for
disapproval.







(60.23(b) If no designated facility is located within a State, the
State shall submit a letter of certification to that effect to the
Administrator within the time specified in paragraph (a) of this
section.  Such certification shall exempt the State from the
requirements of this subpart for that designated pollutant.



Not applicable since designated facilities are present.



(60.23(c)(1)  Except as provided in paragraphs (c)(2) and (c)(3) of this
section, the State shall, prior to the adoption of any plan or  revision
thereof, conduct one or more public hearings within the State on such
plan or plan revision.					

A public hearings was held on August 8, 2007 in Baltimore, Md.





( 60.23(d) Any hearing required by paragraph (c) of this section shall
be held only after reasonable notice. Notice shall be given at

least 30 days prior to the date of such hearing.



Public notice was given on July 6, 2007, more than 30 days prior to the
public hearing.





( 60.23(e) The State shall prepare and retain, for a minimum of 2 years,
a record of each hearing for inspection by any interested party.  The
record shall contain, as a minimum, a list of witnesses together with
the text of each presentation.



The State included the records from the public hearing noted above.





( 60.23(f) The State shall submit with the plan or revision:

(1)  Certification that each paragraph (c) of this section was held in
accordance with the notice required by paragraph (d) of this section;
and                                                                     
                            (2)  A list of witnesses and their
organizational affiliations, if any, appearing at the hearing

and a brief written summary of each presentation or written submission. 
                                  

In its October 24, 2007 letter to EPA and supporting document, the MDE
certified the public hearing requirements. 







( 60.23(g) provides for alternate procedures to insure public
participation.

Not applicable.







40 CFR 60.24  --  Emission standards and compliance schedules

( 60.24(a) Each plan shall include emission standards and compliance
schedules.

COMAR 26.11.08.08 A(2)

and D contains the required emission standards and compliance schedules.






( 60.24(b)(1) Emission standards shall prescribe allowable rates of
emissions except when it is clearly impracticable.  Such cases will be
identified in the guideline documents issued under ( 60.22.  Where
emission standards prescribing equipment specification are established,
the plan shall, to the degree possible, set forth the emission
reductions achievable by implementation of such specifications, and may
permit compliance by the use of equipment determined by the State to be
equivalent to that prescribed.

Not applicable.







    (2) Test methods and procedures for determining compliance with the
emission standards shall be specified in the plan.  Methods other than
those specified in Appendix A to this part may be specified in the plan
if shown to be equivalent or alternative methods are defined in (
60.2(t) and (u).                                               

COMAR 26.11.08.08.A(2) references the required test methods and
procedures specified in the EG and related NSPS. Under COMAR Certified
CEMS option may be used in lieu of stack test. Per 60.30b above, CEMS
options are subject to EPA review.                  





    (3) Emission standards shall apply to all designated facilities
within the State.  A plan may contain emission standards adopted by
local jurisdictions provided that the standards are enforceable by the
State.

The emissions standards are applicable to all designated facilities.







( 60.24(c) Except as provided in paragraph (f) of this section where
the Administrator has determined that a designated pollutant may cause
or contribute to endangerment or public health, emission standards,
shall be no less stringent than the corresponding emission guideline(s)
specified in Subpart C of this part, and final compliance shall be
required as expeditiously as practicable but no later than the
compliance times specified in Subpart C of this part.



COMAR 26.11.08.08.A emissions limits are as stringent and protective as
required by the EG, as amended, for large MWC units. 



( 60.24(d)  Where the Administrator has determined that a designated
pollutant may cause or contribute

to endangerment of public welfare but that adverse effects on public
health have not been demonstrated, States may balance the emission
guidelines, compliance times, and other information provided in the
applicable guideline document against other factors of public concern in
establishing emission standards, compliance schedules, and variances. 
Appropriate consideration shall be given to the factors specified in (
60.22(b) and to information presented at the public hearing(s) conducted
under  ( 60.23(c).  

Not applicable.   







( 60.24(e)(1)  Any compliance    



schedule extending more than 12 months from the date required for
submittal of the plan shall include legally enforceable increments of
progress to achieve compliance for each designated facility or category
of facilities.  Increments of progress shall include, where practicable,
each increment of progress specified in ( 60.21(h) and such additional
increments of progress as may be necessary to permit close and effective
supervision of progress toward final compliance.

60.39b(c)(1)revised this requirement to 1 year beyond the date of EPA
plan approval. The required increments of progress are specified at
COMAR 26.11.08.08.D.







     (2)  A plan may provide that compliance schedules for individual
sources or categories of sources will be formulated after plan
submittal.  Any such schedule shall be the subject of a public hearing
held accordingly to ( 60.23 and shall be submitted to the Administrator
within 60 days after the date of adoption of the schedule but in no case
later than the date prescribed for submittal of the first semiannual
report required by ( 60.25(e).



Not applicable.



   



( 60.24(f)  On a case-by-case basis for particular designated
facilities, or classes of facilities, States may provide for the
application of less stringent emission standards or longer compliance
schedule than those otherwise required by paragraph (c)of this section,
provided that the State demonstrated with respect to each facility (or
class of facilities):

(1)  Unreasonable cost of control resulting from plant age, location or
basic process design:

(2)  Physical impossibility of installing necessary control equipment;
or 

(3)  Other factors specific to the facility (or class of facilities)
that make application of a less stringent standard or final compliance
time significantly more reasonable.

The State plan is no less stringent than the Federal requirements.









( 60.24(g)  Nothing in this subpart shall be construed to preclude any
State or political subdivision thereof from adopting or enforcing

(1)  emission standards more stringent than emission guidelines
specified in Subpart C of this part or in applicable guideline 
documents or 

(2)  compliance schedules requiring final compliance at earlier times
than those specified in Subpart C or in applicable guideline documents. 





COMAR 26.11.08 contains requirements for small MWC (i.e., unit capacity
< 250 TPD) and other types of incinerators that are not subject to the
provisions of Subpart Cb; no EPA approval action has been taken on the
small MWC and other incinerator requirements. (In the 8/11/05 edition of
the FR, EPA notified the public of its 5/25/05 delegation to MDE of the
Federal Plan for SMWC units.)







40 CFR 60.25  --  Emission inventories, source surveillance, reports.



( 60.25(a) Each plan shall include an inventory of all designated
facilities, including emission data for the designated pollutants and
information related to emissions as specified in Appendix D to this
part.  Such data shall be  summarized in the plan, and emission rates of
designated facilities shall be correlated with applicable emission
standards.  As used in this subpart, "correlated" means presented in
such a manner as to show the relationship between measured or estimated
amounts of emissions and the amounts of such emissions allowable under
applicable emission standards.



The Maryland plan includes emission estimates from the two designated
facilities. Emission estimates are from continuous emissions monitors
and source test data. 	



( 60.25(b) Each plan shall provide for monitoring the status of
compliance with applicable emission standards.  Each plan shall, as a
minimum, provide for:

The Maryland MWC regulation references provisions for testing,
monitoring, reporting, and recordkeeping. The provisions are the same as
those in the EG and NSPS.





	(1)  Legally enforceable procedures for requiring owners and operators
of designated facilities to maintain records and periodically report to
the State information on the nature and amount of emissions from such
facilities, and/or such information as may be necessary to enable the
State to determine whether such facilities are in compliance with
applicable portions of the plan.











(2)  Periodic inspection and, when applicable, testing of designated
facilities. 









( 60.25(c) Each plan shall provide that information obtained by the
State under paragraph (b) of this section shall be correlated with
applicable emission standards (see ( 60.25(a)) and made available to the
general public.

MDE may obtain information necessary to determine compliance with its
111(d) plan and make the emissions data available to the public.





( 60.25(d) The provisions referred to in paragraphs (b) and (c) of this
section shall be specifically identified.  Copies of such be submitted
with the plan unless:

      (1) They have been approved as portions of a preceding plan
submitted under this subpart or as portions of an implementation plan 
submitted under Section 110 of the Act, and

      (2) The State demonstrates:

(i) That the provisions are applicable to the designated pollutant(s)
for which the plan is submitted, and 

         (ii) That the requirements of (60.26 are met.



MDE provided a statement that it will comply with all requirements of
60.25; this includes making emissions data available to the public.







(60.25(e) The State shall submit reports on progress in plan
enforcement to the Administrator on an annual (calendar year) basis,
commencing with the first full report period after approval of a plan or
after promulgation of a plan by the Administrator.  Information required
under this paragraph must be included in the annual report required by (
51.321 of this chapter.



The MDE will submit to EPA on an annual basis a report which details the
progress in enforcement of the 111(d) plan in accordance with 40 CFR
60.25. The first progress report will be submitted to EPA one year after
the approval of the State plan.



( 60.25(f)  Each progress report shall include: 

(1) Enforcement actions initiated against designated facilities during
the reporting period, under any emission standard or compliance schedule
of the plan.

(2) Identification of the achievement of any increment of progress
required by the applicable plan during the reporting period. 

(3) Identification of designated facilities that have ceased operation
during the report period.

    (4) Submission of emission inventory data as described in paragraph
(a) of this section for designated facilities that were not in operation
at the time of plan development but began operation during the reporting
period.

Same as above.





(5) Submission of additional data as necessary to update the
information submitted under paragraph (a) of this section or in previous
progress reports.







     (6) Submission of copies of technical reports on all performance
testing on designated facilities conducted under paragraph (b)(2) of
this section, complete with concurrently recorded process data. 

( 60.26  --  Legal authority

( 60.26(a)  Each plan shall show that the State has legal authority to
carry out the plan, including authority to: 

(1)  Adopt emission standards and compliance schedules applicable to
designated facilities.

(2)  Enforce applicable laws, regulations, standards, and compliance
schedules, and seek injunction relief.

(3)  Obtain information necessary to determine whether designated
facilities are in compliance with applicable laws, regulations,
standards, and compliance schedules, including authority to require
recordkeeping and to make inspections and conduct tests of designated
facilities.

(4)  Require owners or operators of designated facilities to install,
maintain, and use emission monitoring devices and to make periodic
reports to the State on the nature and amounts of emissions from such
facilities; also authority for the State to make such data available to
the public as reported and as correlated with applicable emission
standards.



Maryland(s legal authority is derived from Title 2 of the Environment
Article, Annotated Code of Maryland, Sections 2-103(b) and 2-301. Legal
authority for operator requirements is derived from section 2-406. 









( 60.26(b) The provisions of law or regulations which the State
determines, provide the authorities required by this section shall be
specifically identified.  Copies of such laws or regulations shall be
submitted with the plan unless: 

(1)  They have been approved as portions of a preceding plan submitted
under this subpart or as portions of an implementation plan submitted
under Section 110 of the Act, and

     (2)  The State demonstrates that the laws or regulations are
applicable to the designated pollutant(s) for which the plan is
submitted.



Same as above. EPA has approved previous Maryland 111(d) plans -
sulfuric acid plants, kraft pulp mills,  primary aluminum reduction
plants, large MWC, and HMIWI units.





( 60.26(c) The plan shall show that the legal authorities specified in
this section are available to the State at the time of submission of the
plan.  Legal authority adequate to meet the requirements of paragraphs
(a)(3) and (4) of this section may be delegated to the State under
Section 114 of the Act.

Same as above. Legal authority cited in submitted plan.





( 60.26(d) A State governmental agency other than the State air
pollution control agency may be assigned responsibility for carrying out
a portion of a plan if the plan demonstrates to the Administrator's
satisfaction that the State governmental agency has the legal authority
necessary to carry out that portion of the plan.

Not applicable.







( 60.26(e) The State may authorize a local agency to carry out a plan
or portion thereof, within the local agency's jurisdiction if the plan
demonstrates to the Administrator's satisfaction that the local agency
has the legal authority necessary to implement the plan or portion
thereof, and that the authorization does not relieve the State of
responsibility under the Act for carrying out the plan or portion
thereof.



Not applicable.

V.  CONCLUSION

The Maryland 111(d)/129 plan revision for large MWC units and the
applicable portions of COMAR 26.11.08, as amended on September 28, 2007,
are approvable. The COMAR amendments meet the requirements of 40 CFR
Part 60, subpart Cb, as published in the Federal Register on May 10,
2006. Consistent with EPA policy and subpart Cb, the scope and
delegation of certain authorities is retained by EPA as stipulated in
60.30b and the related subpart Eb NSPS provisions of 60.50b(n).

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