
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  REGION III
                               1650 Arch Street
                       Philadelphia, Pennsylvania  19103

DATE:           March 20, 2014
SUBJECT:    Technical Support Document (TSD) for the State of Maryland Implementation Plan for Section 110(a)(2) Infrastructure Requirements for the 2008 Lead (Pb) National Ambient Air Quality Standards

FROM:	Ruth Knapp /s/, Environmental Protection Specialist 
                        Office of Air Program Planning 

TO:		File
                     
THRU:	 Cristina Fernandez /s/,    
		 Associate Director, Office of Air Program Planning 


A.   INTRODUCTION

 The U.S. Environmental Protection Agency (EPA) is taking action on the State of  Maryland State Implementation Plan (SIP) revisions submitted by the Maryland Department of the Environment (MDE) to meet the Clean Air Act (CAA) section 110(a)(2) requirements for the revised 2008 Lead National Ambient Air Quality Standard (NAAQS).


B.  BACKGROUND
2008 Lead NAAQS 

On October 15, 2008, EPA revised the primary and secondary lead NAAQS from 1.5 micrograms per cubic meter (ug/m[3]) to 0.15 ug/m[3].  Section 110(a) of the CAA requires states to submit SIPs that provide for the implementation, maintenance, and enforcement of new or revised NAAQS within three years following the promulgation of such NAAQS.  Section 110(a) of the CAA imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS.  For the 2008 lead NAAQS, states typically have met many of the basic program elements required in section 110(a)(2) of the CAA through earlier SIP submissions in connection with previous lead standards.  Section 110(a)(2) of the CAA lists specific elements that states must meet or continue to meet in these SIP submissions.  The requirements include SIP infrastructure elements such as requirements for modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS.  Section 110(a)(2) of the CAA infrastructure elements (A) through (M) are listed in EPA's memorandum from Stephen D. Page, Director, Office of Air Quality Planning and Standards to the Regional Air Division Directors, Regions 1-10, "Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS)," October 14, 2011,  (hereafter referred to as "Lead Infrastructure Guidance").


C.  EPA REQUIREMENTS

As discussed above, for the 2008 lead NAAQS, states must provide SIP submissions, or provide certification that the existing SIP contains provisions addressing relevant infrastructure SIP elements from section 110(a)(2)(A) through (M) of the CAA.  To help states meet this statutory requirement, EPA issued the Lead Infrastructure Guidance, which listed the basic elements that states must include in their SIPs.  
  

D.  STATE'S SUBMITTAL

To satisfy the requirements of section 110(a)(1) and (2) of the CAA for the 2008 lead NAAQS, MDE submitted two SIP revisions in accordance with the Lead Infrastructure Guidance.  The first lead infrastructure SIP revision was submitted to EPA on January 3, 2013, and a supplemental revision was submitted on August 14, 2013.  EPA is acting on both submittals and is acting on all elements except 110(a)(2)(I) and portions of elements that pertain to Part D nonattainment area requirements.   


E.  EVALUATION OF STATE SUBMITTAL

1.  Section 110(a)(2)(A) 

According to the lead infrastructure submittal of January 3, 2013 and Maryland's current SIP, enforceable emission limitations and other control measures are found in portions of the Maryland SIP including, but not limited to, COMAR 26.11.01, 26.11.02, 26.11.04, 26.11.06 and 26.11.17.  Source specific rules are listed in 40 CFR 52. 1070(d) and approved plans are in 40 CFR 52.1070(e).  Based upon EPA's review of the January submittal, the Lead Infrastructure Guidance,  and Maryland's current SIP,  EPA finds that Maryland has met its obligations pursuant to110(a)(2)(A) of the CAA. 

EPA does not consider SIP requirements triggered by the nonattainment area mandates in part D of Title I of the CAA to be governed by the submission deadline of section 110(a)(1).  Nevertheless, the State may have included some previous EPA-approved SIP provisions originally submitted in response to part D in its submission documenting its compliance with the requirements of sections 110(a)(1) and (2) of the CAA.  For the purposes of this rulemaking action, EPA has reviewed the above identified Maryland submittals, including any rules originally submitted in response to part D, or references thereto, solely for the purposes of determining whether such submittals support a finding that the state has met the basic infrastructure requirements under section 110(a)(2).

In this rulemaking action, EPA is not proposing to approve or disapprove any existing Maryland provisions with regard to excess emissions during startup, shutdown, and malfunction (SSM) of operations at a facility.  EPA believes that a number of states have SSM provisions which are contrary to the CAA and existing EPA guidance (August 11, 1999 Steven Herman and Robert Perciasepe Guidance Memorandum, "State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown"), and the Agency is addressing such state regulations in a separate rulemaking. See 78 FR 12460.  In the meantime, EPA encourages any state having a deficient SSM provision which is contrary to the CAA and EPA guidance to take steps to correct it as soon as possible.

Also in this rulemaking action, EPA is not proposing to approve or disapprove any existing Maryland rules with regard to director's discretion or variance provisions.  EPA believes that a number of states have such provisions which are contrary to the CAA and existing EPA guidance (52 FR 45109, November 1987), and the Agency is addressing such state regulations in a separate rulemaking. See 78 FR 12460.  In the meantime, EPA encourages any state having director's discretion or variance provisions which are contrary to the CAA and EPA guidance to take steps to correct the deficiency as soon as possible.


2.  Section 110(a)(2)(B) 

According to the January 2013 submittal and Maryland's current SIP, Maryland's authority to monitor can be found in §§2-103(b)(2) and 2-301(a)(1), Environment Article, Annotated Code of Maryland and in COMAR 26.11.04.02 (specifying methods of measuring ambient air quality levels shall be those specified in 40 CFR 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 Appendix A.   In addition, all samplers are located at sites that have met the minimum siting requirements of Part 58, Appendix E. 

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 CFR 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. 40 CFR 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 CFR Part 58, Appendix D.  The docket for this proposed rulemaking contains the most recent approval from EPA of the current monitoring network plan. 
Maryland has.  MDE will continue to submit data to EPA's Air Quality System (AQS). MDE collects and reports to EPA ambient air quality data for lead as well as other NAAQS.  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 AQS for updating pursuant to prescribed AQS procedures.  MDE analyzes such air quality data to determine attainment status or progress. 

Based upon EPA's review of the January 2013 submittal, the Lead Infrastructure Guidance, and Maryland's current SIP, EPA finds that Maryland has met its obligations pursuant to 110(a)(2)(B) of the CAA. 


3.  Section 110(a)(2)(C)

Maryland's statutory provisions for the enforcement of the provisions described in section 110(a)(2)(A) of the CAA are found at §§2-601- 2-614 of the Environment Article of the Annotated Code of Maryland.  Specific enforcement provisions for the items under section 110(a)(2)(A), above, may also be found in Maryland's SIP at 40 CFR 52.1070.  
      
The Maryland SIP includes a SIP approved program to provide for regulation of modification and construction of stationary sources within the State, including Maryland's permitting program for part C of Title I of the CAA.  
	
          * Maryland's permit to construct and Prevention of Significant Deterioration (PSD) approval program requirements are found in COMAR 26.11.02, which also contains enforcement provisions for violations of permits to construct, PSD approvals, and operating permits. 

          * COMAR 26.11.06.14 contains pre-construction permitting requirements for PSD sources and was last approved by EPA on August 2, 2012 (77 FR 45949) to implement requirements of EPA's final PSD and Title V Greenhouse Gas Tailoring Rule, which was published in the Federal Register on June 3, 2010 (75 FR 31514).
	
          * COMAR 20.79, "Applications Concerning the Construction or Modification of Generating Stations and Overhead Transmission Lines," particularly the EPA SIP-approved portions of this chapter, regulate construction and modification of electric generating stations, including consideration of related air quality impacts.

          * The following SIP-approved portions of the Public Utilities Article, Annotated Code of Maryland also establish requirements for construction and modification of electric generating stations:
             o § 7-205, Electric companies  -  Modification of power plant
             o § 7-207, Generating stations or transmission lines -- General certification procedure
             o § 7-208, Generating stations or transmission lines -- Joint construction of station and associated lines
                
          * Maryland's Title V permits are under COMAR 26.11.03.  This chapter of COMAR also includes provisions providing for enforcement of Title V permits (COMAR 26.11.03.21, "General Part 70 Permits").  Note that COMAR 26.11.03 is not part of Maryland's EPA-approved SIP and is mentioned here just for reference purposes.  

Based upon EPA's review of the January 2013 submittal, the Lead Infrastructure Guidance, and Maryland's current SIP, EPA finds that Maryland has met its obligations pursuant to 110(a)(2)(C) of the CAA. 


4. Section 110(a)(2)(D) 

Section 110(a)(2)(D)(i)(I)

In accordance with the decision of the U.S. Court of Appeals for the District of Columbia,  the EPA at this time is not treating the 110(a)(2)(D)(i)(I) SIP submission from the State of Maryland as a required SIP submission.  See EME Homer City Generation, L.P. v. EPA, 696 F .3d 7 (D.C. Cir. 2012), cert. granted, 133 U.S. 2857 (2013).  However, even if the submission is not considered to be "required," the EPA must act on the 110(a)(2)(D)(i)(I) SIP submission from Maryland  because section 110(k)(2) of the CAA requires the EPA to act on all SIP submissions.  Unless the EME Homer City decision is reversed or otherwise modified by the Supreme Court, states are not required to submit 110(a)(2)(D)(i)(I) SIPs until the EPA has quantified their obligations under that section.  The portions of the SIP submission relating to 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii), in contrast, are required.  In this rulemaking action, EPA is proposing to act on all portions of Maryland's 110(a)(2)(D) submittal.   

All areas of Maryland are covered by a SIP approved PSD program as discussed above for section 110(a)(2)(C), and Maryland does not have any Class I Areas.  The physical properties of lead prevent lead emissions from experiencing the same travel or formation phenomena as fine particulate matter (PM2.5) or ozone.  There is a sharp decrease in lead concentrations, at least in the coarse fraction, as the distance from a source increases. While it is possible for a source in a state to emit lead 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.  See Lead Infrastructure Guidance.  According to the 2011 National Emission Inventory (NEI) Version 1, there are no sources in Maryland with emissions above 0.5 tons per year (tpy) of lead.  The largest source of emissions from Frederick Airport has 0.43 tpy of lead emissions.  This source is more than seven miles from the border of Pennsylvania. Therefore, because the physical properties of lead prevent lead emissions from traveling long distances and there is a sharp decrease in lead concentrations as the distance from a source increases, EPA finds lead sources in Maryland do not have emissions that impact neighboring states such that they contribute significantly to nonattainment or interfere with maintenance by any other states. 
	
Based upon EPA's review of the January 2013 submittal, information from Version 1 of the 2011 NEI and the Lead Infrastructure Guidance, EPA finds that Maryland  has met its obligations pursuant to 110(a)(2)(D)(i)(I) of the CAA. 

Section 110(a)(2)(D)(i)(II)

For all areas of Maryland, a SIP approved PSD program is in place.  The permitting program is codified at 40 CFR 52.1070 and is discussed in detail above for 110(a)(2)(C) of the CAA.  

 The following EPA SIP-approved regulations pertain to PSD:  
                        EPA SIP-approved PSD provisions
                            COMAR Subtitle/Chapter
                                  Description
                                   26.11.02
Permits, Approvals, and Registration
                                  26.11.06.14
Pre-construction permitting for PSD sources
                   26.11.01.01,26.11.02.01, and 26.11.02.12
Provisions implementing EPA's final PSD and Title V Greenhouse Gas Tailoring Rule
                        20.79.01.01 through 20.79.01.03
Regulation of construction and modification of electric generating stations
              Annotated Code of Maryland  -  Environment Article
                                  Description
                       Sections 7-205, 7-207, and 7-208
Requirements for construction and modification of generating stations

 EPA is proposing to approve the infrastructure SIP submissions with respect to 110(a)(2)(D)(i)(II) prong 3 (for the part C of Title I of the CAA permit program) because Maryland's SIP contains an approved PSD program. 

Prong 4 of section 110(a)(2)(D)(i) requires that SIPs include provisions prohibiting any source or other type of emissions activity in one state from interfering with measures to protect visibility required to be included in another state's SIP.  EPA's Lead Infrastructure Guidance states that "[w]ith regard to the requirement of prong 4, i.e., visibility under subsection (2)(D)(i)(II) significant impacts from Pb emissions from stationary sources are expected to be limited to short distances from the source and most, if not all Pb stationary sources are located at distances from Class I areas such that visibility impacts would be negligible."  This is the case in Maryland and Maryland itself does not have any Class I areas.
      
 Also, EPA notes that Maryland's February 13, 2012 Regional Haze SIP submittal was fully approved by EPA on July 6, 2012 (77 FR 39938).  Thus, EPA is proposing to approve the infrastructure SIP submissions with respect to 110(a)(2)(D)(i)(II) prong 4 because lead emissions are unlikely to have visibility impacts and Maryland's approved regional haze SIP adequately prevents sources in Maryland from interfering with measures adopted by other states to protect visibility during the first planning period.  

Based upon EPA's review of the January 2013 submittal, the Maryland  SIP, Version 1 of the 2011 NEI, and the Lead Infrastructure Guidance, EPA finds that Maryland has met its obligations pursuant to 110(a)(2)(D)(i)(II).   

Section 110(a)(2)(D)(ii) 

As discussed above for 110(a)(2)(C) and (D)(i)(II), Maryland has a SIP approved permitting program for part C of Title I of the CAA.  Therefore, Maryland has demonstrated that it has met its obligations pursuant to CAA section 126(a).  In addition, Maryland has no currently pending obligations pursuant to CAA Section 126(b), and has made the necessary submittals through its infrastructure SIP submittals to demonstrate that the State has adequate provisions insuring future compliance with the requirements of sections 126 and 115 of the CAA.  Therefore, EPA finds Maryland's infrastructure SIP meets the requirements of CAA section 110(a)(2)(D)(ii).


5.  Section 110(a)(2)(E)

According to the January 2013 submittal, Maryland has a variety of resources to carry out implementation of the SIP including section 103 and 105 grants, Title V grant funds, and 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.) 

Maryland also has a 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 which support air quality activities.  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.   

Several other authorities to implement the Maryland SIP are identified 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- 2-206, 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. 

EPA finds Maryland has adequate resources to implement the SIP pursuant to 110(a)(2)(E)(i).  

On December 6, 2013, EPA took a direct final action to approve a SIP submittal for Maryland that meets section 128 of the CAA and therefore E(ii) for this Lead NAAQS regarding compliance with state boards as described in section 128 of the CAA.  A detailed rationale for the approval was set forth in the direct final rule (78 FR 73472) which was effective on February 4, 2014. 

Therefore, EPA finds that Maryland's SIP adequately addresses 110(a)(2)(E)(ii).  

Finally, as explained in the January 2013 SIP submittal, Maryland does not rely on any local or regional government, agency, or instrumentality for implementing the SIP.  EPA finds that Maryland's January 2013 SIP submittal and existing SIP adequately address 110(a)(2)(E)(iii).  

Therefore, based upon EPA's review of the January 2013 SIP submittal, Maryland's SIP, and the Lead Infrastructure Guidance, EPA finds that Maryland has met its obligations pursuant to all portions of 110(a)(2)(E).


6.  Section 110(a)(2)(F)

According to Maryland's January 2013 submittal, the two main statutory provisions which provide authority for source emissions testing and monitoring are §2-103(b)(1) and  §2-301(a)(1), Environment Article, Annotated Code of Maryland.  In addition, several SIP -approved regulations require installation and maintenance of monitoring equipment, including COMAR 26.11.01.04, "Testing & Monitoring" and COMAR 26.11.01.10 Continuous Emissions Monitoring (CEMs) Requirements.  Also, Maryland's Title V program (COMAR 26.11.03) contains requirements related to source testing/monitoring. 

Several Maryland SIP approved regulations include stationary source monitoring and emission reporting, including:  COMAR 26.11.01.04 "Testing and Monitoring"; COMAR 26.11.01.05 "Records and Information"; COMAR 26.11.01.05 -1 "Emission Statements"; COMAR 26.11.01.07 "Malfunctions and other Temporary Increase in Emissions; COMAR 26.11.01.10 Continuous Emissions Monitoring;  COMAR 26.11.27.05 "Emissions Limitations for Power Plants, Monitoring and Reporting Requirements"; and COMAR 26.11.03.03, "Information Required as Part of Application for a Part 70 Permit."  However COMAR 26.11.03.03 is not included in Maryland's SIP-approved regulations but is included here for reference.  These regulations address requirements in 40 CFR 51.211 (emissions reports and record keeping), 40 CFR 51.212, and 40 CFR Part 51 Subpart A (Air Emissions Reporting Requirements).

In addition, §2-103(b), Environment Article, Annotated Code of Maryland provides statutory authority over emissions, ambient air quality and air quality monitoring.  COMAR 26.11.01.05 requires sources to maintain records to determine compliance with emission standards and COMAR 26.11.01.04(B)(4) requires all information received under this provision to be provided for public inspection.  Criteria pollutant emissions information related data is available to the public for inspection in accordance with 40 CFR 51.116 (data availability). 

Based upon EPA's review of the January 2013 submittal, the Maryland SIP, Maryland's Annotated Code,  and the Lead Infrastructure Guidance, EPA finds that Maryland  has met its obligations pursuant to 110(a)(2)(F) of the CAA. 


7.  Section 110(a)(2)(G) 

According to the Maryland January 3, 2013 lead infrastructure SIP submittal referenced above, Maryland can address air pollution emergencies as authorized by §2-105, Environment Article, Annotated Code of Maryland.  The authority to adopt regulations that establish standards and procedures to be followed whenever pollution of the air reaches an emergency condition are found in §2-301(a) (2), Environment Article, Annotated Code of Maryland.  Maryland's SIP under 40 CFR 52.1070(c) includes Air Pollution Episode System (COMAR 26.11.05).  Additionally, Maryland's 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 can be found in §2-604 (Administrative corrective order authority), Environment Article, Annotated Code of Maryland and § 2-609 (a) (Civil injunctive authority), Environment Article, Annotated Code of  Maryland. 

Based upon EPA's review of the January 2013 submittal and Maryland's SIP, EPA finds that Maryland has met its obligations pursuant to 110(a)(2)(G) of the CAA. 


8.  Section 110(a)(2)(H) 

According to the Maryland January 2013 lead infrastructure SIP submittal referenced above, Maryland's SIP is essentially a compilation of regulations, source-specific provisions and plans to meet the 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. 

This submission provides EPA with adequate assurances that Maryland will review and revise its SIP from time to time as may be necessary to take account of revisions to NAAQS or the availability of improved or more expeditious methods of attaining such standards.  EPA also finds these provisions provide adequate assurances that Maryland can revise its SIP whenever the Administrator finds, on the basis of information available to the Administrator, that Maryland's SIP is substantially inadequate to attain the NAAQS or to otherwise comply with any additional requirements established under the CAA.  
Based upon EPA's review of the January 2013 submittal and the Lead Infrastructure Guidance, EPA finds that Maryland has met its obligations pursuant to 110(a)(2)(H) of the CAA.


9.  Section 110(a)(2)(J) 

According to Maryland's SIP submittals mentioned above and the Maryland SIP, Maryland meets the requirements of Section 121 (relating to consultation).  All Maryland SIP revisions undergo public notice and hearing, which provides for comment by the public and local political subdivisions, including, but not limited to, the Baltimore Regional Transportation Board, the National Capital Transportation Planning Board, the Wilmington Area Planning Council, and Hagerstown/Eastern Panhandle Metropolitan Planning Organization. Public hearings on proposed Maryland regulations are held in accordance with EPA requirements under 40 CFR 51.102.  Public hearings on proposed Maryland regulations are held in accordance with Section 2-303(b) of the Environment Article of the Annotated Code of Maryland which requires that a public hearing be held before adopting air quality regulations. In addition, Subtitle 1 of Title 10, State Government Article of the Annotated Code of Maryland provides administrative procedure requirements for adopting or modifying regulations and these procedures include public notification and participation requirements.  Maryland also addresses the consultation requirements through the public notification statutory provisions discussed below.

Section 127 (relating to public notification).  As mentioned above, Section 2-303(b) of the Environment Article of the Annotated Code of Maryland requires that public hearings be held before Maryland adopts air quality regulations.  In addition, Subtitle 1 of Title 10, State Government Article of the Annotated Code of Maryland sets forth the administrative procedures for Maryland to adopt or modify regulations.  In addition, EPA SIP-approved regulations and statutory provisions in which public notification and hearings are addressed are listed below:

                            COMAR Subtitle/Chapter
                                  Description
                                  26.11.02.11
"Procedures for Obtaining Permits to Construct Certain Significant Sources"
                                  26.11.02.12
"Procedures for Obtaining Approvals of PSD Sources and NSR Sources, Permits to Construct, Permit to Construct MACT Determinations On a Case-by-Case Basis in Accordance with 40 CFR 63, Subpart B, and Certain 100-Ton Sources"
                                26.11.03.01[a]
"Permits, Approvals, and Registration  -  Title V Permits, Applicability and General Requirements"
                                 26.11.03.07 a
"Permits, Approvals, and Registration  -  Title V Permits, Public Participation Procedures"
                                 26.11.03.08 a
"Permits, Approvals, and Registration  -  Title V Permits, Review by Affected States of Part 70 Permits"
                                 26.11.03.17 a
"Permits, Approvals, and Registration  -  Title V Permits, Significant Permit Modifications"
                                  26.11.04.02
"Ambient Air Quality Standards, Definitions, Reference Conditions, and Methods of Measurement," this adopts 40 CFR 58.50, "Index reporting," which reports air quality to the public several times per day
                                  26.11.05.03
"Air Pollution Episode Criteria"
                Annotated Code of Maryland  -  Article, Section
                                  Description
                        Public Utilities Article, 7-207
"Generating stations or transmission lines  -  General certification procedure"
                        Public Utilities Article, 7-208
"Generating stations or transmission lines  -  Joint construction of station and associated lines"
                      Environment Article, 2-103.2(b)[a]
Provides public access to all air monitoring data via the Internet
[a] These provisions were cited by Maryland for reference purposes only and are not included in the Maryland SIP.

Part C (relating to visibility protection).  With regard to the visibility protection aspect of 110(a)(2)(J) and as discussed in the Lead Infrastructure Guidance, EPA recognizes that states are subject to visibility and regional haze program requirements under part C of Title I of the CAA (which includes sections 169A and 169B of the CAA).  In the event of the establishment of a new NAAQS, however, the visibility and regional haze program requirements under part C of Title I of the CAA do not change.  Thus, EPA finds that there are no applicable visibility obligations under part C "triggered" under section 110(a)(2)(J) when a new NAAQS becomes effective.  Maryland has an approved regional haze SIP which addresses  the requirements of CAA Sections 169A and 169B, as discussed above for section 110(a)(2)(D)(i)(II)of the CAA.  

For a discussion on how Maryland meets the requirements of part C of Title I of the CAA with respect to PSD, see Section 110(a)(2)(C) and Section 110(a)(2)(D)(i)(II)(prong 3) above.

Based upon EPA's review of the above referenced submittals, Maryland's SIP and the Lead Infrastructure Guidance,  EPA finds Maryland's infrastructure SIP meets the requirements of CAA section 110(a)(2)(J) relating to consultation, public notification, and visibility protection requirements.  


10.  Section 110(a)(2)(K) 

According to the January 2013 submittal, Maryland has authority under §2-302 of the Environment Article, Annotated Code of Maryland, to do modeling since 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.   Maryland has a SIP approved PSD program (see 40 CFR 52.1070) which includes modeling.  Also, Maryland submits air quality modeling data as part of Maryland's relevant SIP submissions in accordance with the Clean Air Act and through federal grant commitments. 

For the authority to perform air quality modeling and the submission of relevant data, see Sections 2-103 and 2-302 of the Environment Article of the Annotated Code of Maryland and Sections 7-205, 7-207, 7-207.1, and 7-208 of the Public Utilities Article of the Code which is in the approved Maryland SIP.  SIP-approved portions of COMAR 20.79.01, 20.79.02, and 20.79.03 establish requirements for the calculation of increases in air emissions related to modifications of facilities at power plants and require modeling.  

In addition, COMAR 20.79.03.02 which is in the Maryland SIP establishes requirements for applications regarding construction and modification of generating stations to demonstrate compliance with environmental restrictions.  This includes providing information to show the impact on air quality including the ability of the generating station to comply with PSD and NSR provisions and the impact on PSD areas.  

Maryland also stated that it can provide modeling analysis to EPA to assess the effect of the State's air emissions on the NAAQS, citing past examples such as modeling for 8-hour ozone and PM2.5 SIPs.  Therefore, based upon EPA's review of the January 2013 submittal, Maryland's SIP and the Lead Infrastructure Guidance, EPA finds Maryland's lead infrastructure SIP meets the requirements of CAA section 110(a)(2)(K).
 

11.  Section 110(a)(2)(L) 

Maryland has an approved Title V program which contains a fee schedule.  EPA approved Maryland's Title V program on January 15, 2003 (68 FR 1974).  Maryland states in its recent August 14, 2013 Nitrogen Dioxide (NO2) infrastructure SIP submittal that Maryland's "Title V permit fees are collected under the authority of  Section 2-403 of the Environment Article, Annotated Code of Maryland and pursuant to COMAR 26.11.02.16, .17 and .19.  These fees are used to fund programs such as the permitting of new and existing sources of air pollution, compliance and enforcement of sources of air pollution."  In EPA's TSD supporting its rulemaking proposing approval of the Maryland NO2 infrastructure SIP submittal, EPA found Maryland met the requirements of CAA section 110(a)(2)(L).  

Based on EPA's review of Maryland's January 2013 submittal, the Lead Infrastructure Guidance, Maryland's Title V program and statements in the August 14, 2013 NO2 infrastructure SIP submittal, and our conclusions in the TSD for the rulemaking proposing approval of Maryland's NO2 infrastructure SIP,  EPA finds Maryland's lead infrastructure SIP meets the requirements of CAA section 110(a)(2)(L).
 

12.  Section 110(a)(2)(M) 

According to the above referenced lead infrastructure SIP submittals, Maryland provides for consultation and participation by local political subdivisions affected by the SIP via all the means and measures previously discussed for section 110(a)(2)(J) requirements.  Also, statutory authority under Sections 2-103 and 2-302 of the Environmental Article, Annotated Code of Maryland, as well as COMAR 26.11.16, provide the structure for a consultation process between the Maryland Department of the Environment, Maryland Department of Transportation and several Metropolitan Planning Organizations. 

 Based upon EPA's review of the above referenced submittals, the Maryland SIP, and the Lead Infrastructure Guidance, EPA finds that Maryland  has met its obligations pursuant to 110(a)(2)(M). 


F.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA's analysis of  Maryland's infrastructure submittals for the 2008 Lead NAAQS concludes that Maryland's submittals and existing SIP meet the requirements for section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M) as described above.  It is recommended that a rulemaking be prepared proposing approval of Maryland's infrastructure submittals for the 2008 Lead NAAQS for the elements indentified above.  


