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

DATE:     March 11, 2014       	

SUBJECT:	Technical Support Document for the Maryland State Implementation Plan for Section 110(a)(2) of the Clean Air Act Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard

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

TO:	File

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


A.  INTRODUCTION

	The Environmental Protection Agency (EPA) is taking action on a submittal made by the State of Maryland to meet the Clean Air Act (CAA) section 110(a)(2) requirements of the 2010 nitrogen dioxide (NO2) National Ambient Air Quality Standard (NAAQS).


B.  BACKGROUND

      EPA first set standards for NO2 in 1971, setting both a primary standard (to protect health) and a secondary standard (to protect the public welfare) at 53 parts per billion (ppb), averaged annually.  EPA has reviewed the standards twice since that time, but chose not to revise the annual standards at the conclusion of each review.  On February 9, 2010, EPA established an additional primary standard at 100 ppb, averaged over one hour.  Pursuant to section 110(a)(1) of the CAA, states are required to submit State Implementation Plans (SIPs) meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe.  Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS.  

      Section 110(a) of the CAA requires states to submit SIPs to provide for the implementation, maintenance, and enforcement of a new or revised NAAQS within three years following the promulgation of such NAAQS or within such shorter period as EPA may prescribe.  Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances.  In particular, the data and analytical tools available at the time the state develops and submits the SIP for a new or revised NAAQS affects the content of the submission.  The contents of such SIP submissions may also vary depending upon what provisions the state's existing SIP already contains.  More specifically, section 110(a)(1) provides the procedural and timing requirements for SIPs.  Section 110(a)(2) lists specific elements that states must meet for "infrastructure" SIP requirements related to a newly established or revised NAAQS.  As mentioned above, these requirements include basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS.


C.  EPA REQUIREMENTS

      As discussed above, for the 2010 NO2 NAAQS, states must provide SIP submissions, or provide certification that the existing SIP contains provisions addressing relevant infrastructure SIP elements from sections 110(a)(2)(A) through (M) of the CAA.  


D.  STATE'S SUBMITTAL 

      On August 14, 2013, Maryland provided a submittal to satisfy the requirements of section 110(a)(2) of the CAA for the 2010 NO2 NAAQS.  This submittal addressed the following infrastructure elements that EPA is proposing to approve:  Sections 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA, or portions thereof.  This submittal did not include or address element (I) which pertains to the nonattainment requirements of part D of Title I of the CAA, because this element is not required to be submitted by the 3-year submission deadline of CAA section 110(a)(1), and will be addressed in a separate process if necessary.    
      

E.  EVALUATION OF STATE SUBMITTAL

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

	Maryland's August 14, 2013 SIP submittal for the 2010 NO2 NAAQS includes enforceable emission limitations and other control measures to meet applicable requirements of the CAA which have been approved as part of Maryland's SIP under 40 CFR 52.1070(c).  Several of the relevant measures for the NO2 NAAQS are listed in Table 1.

           Table 1:  Emission limitations and other control measures
             Code of Maryland Regulations (COMAR) Subtitle/Chapter
                                 Chapter Name
                                   26.11.01
General Administrative Provisions
                                   26.11.02
Permits, Approvals, and Registration
                                   26.11.04
Ambient Air Quality Standards
                                   26.11.06
General Emissions Standards, Prohibitions, and Restrictions
                                   26.11.09
Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
                                   26.11.27
Emission Limitations for Power Plants
                                   11.14.08
Vehicle Emissions Inspections Program
                                     20.79
Applications Concerning the Construction or Modification of Generating Stations and Overhead Transmission Lines
       Annotated Code of Maryland  -  Public Utilities Article, Sections
                                 Section Title
                                     7-205
Electric companies  -  Modification of power plant
                                     7-207
Generating stations or transmission lines  -  General certification procedure
                                     7-208
Generating stations or transmission lines  -  Joint construction of station and associated lines

      EPA finds Maryland's infrastructure SIP submittal for the 2010 NO2 NAAQS meets the requirements of CAA section 110(a)(2)(A) through the SIP approved measures.
      
      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 of Maryland may have included some previously EPA approved SIP provisions originally submitted in response to part D in its submission documenting its compliance with the requirements of sections 110(a)(l) and (2) of the CAA, including 110(a)(2)(A).  For the purposes of this action, EPA has reviewed Maryland's 110(a)(2) SIP submittal, which may include rules originally submitted in response to part D, or references thereto, solely for the purposes of determining whether such submittal supports a finding that the state has met the basic infrastructure requirements under section 110(a)(2).
      
      In this 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 (Feb. 22, 2013).  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 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) 

      Maryland's authority to monitor and analyze ambient air quality, coordinate State agency programs, and use monitoring facilities originates in the Annotated Code of Maryland (Code), Sections 2-103(b)(2) and 2-301(a)(1) of the Environment Article.  The ambient air quality standards, definitions, reference conditions, and methods of measurement have been approved into the SIP and are found under COMAR 26.11.04.02.  This regulation provides that Maryland's ambient air quality standards are identical to the federal standards specified in 40 CFR parts 50, 51, 53, and 58, as amended, at all times.  
      
      Maryland maintains and operates a network of ambient monitors throughout the State to measure ambient air quality levels and to determine compliance with the NAAQS as required by 40 CFR 58.  All monitors in the network have been designated by EPA as either Reference or Equivalent, and are subjected to the Quality Assurance requirements of 40 CFR 58, Appendix A, and all samplers are located at sites that have met the minimum siting requirements of 40 CFR 58, Appendix E.  EPA approved Maryland's 2013 Annual Air Quality Monitoring Network Design Plan on December 10, 2013.
      
      Maryland provides such ambient air quality data to EPA and keeps EPA informed of changes to the sampling network by providing prior notification of any planned changes and seeking approvals of the changes.  Maryland sends EPA an annual summary of all changes to the network, which includes a description, explanation, and other relevant information regarding each change. 

      The data is submitted to EPA's Air Quality System (AQS) system, in a timely manner in accordance with the scheduled prescribed by EPA in 40 CFR 58.  EPA finds Maryland's infrastructure SIP submittal for the 2010 NO2 NAAQS meets the requirements of CAA section 110(a)(2)(B).


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

      EPA finds Maryland has established and currently operates a program to provide for the enforcement of the emission limitations and other control measures, means, or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate, as discussed for Section 110(a)(2)(A), in order to meet the applicable requirements of the CAA.  Table 2 shows the various enforcement provisions.
      
      
      
      
      
                       Table 2:  Enforcement Provisions
                            COMAR Subtitle/Chapter
                                  Description
                                   26.11[a]
Enforcement of provisions described in Section 110(a)(2)(A), with the exception of the Vehicle Emissions Inspection Program.
                                11.14.08.08[a]
Implementing regulations for the Vehicle Inspection Program
                                  26.11.02[a]
Permits, Approvals, and Registration 
                                  26.11.03.21
Enforcement of Title V permits
                                26.11.06.14[a]
Pre-construction permitting for Prevention of Significant Deterioration (PSD) sources
              20.79.01.01[a], 20.79.01.02[a], and 20.79.01.03[a]
Regulation of construction and modification of electric generating stations
                Annotated Code of Maryland  -  Article, Section
                                  Description
                    Environment Article, 2-601 through 614
Enforcement of provisions described in Section 110(a)(2)(A), with the exception of the Vehicle Emissions Inspection Program.
                          Environment Article, 2-1005
Enforcement of the Maryland Healthy Air Act (HAA)
                        Transportation Article, 23-207
Enforcement of the Vehicle Emissions Inspection Program
                           Public Utilities Article, 
                         7-205[a], 207[a], and 208[a]
Requirements for construction and modification of generating stations
[a] These provisions have been previously approved by EPA and are included in the Maryland SIP.
      
      In addition, the Maryland SIP includes an 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.  These SIP approved provisions are discussed below in Table 3.
      
                        Table 3:  Permitting Provisions
                            COMAR Subtitle/Chapter
                                  Description
                                   26.11.02
"Permits, Approvals, and Registration"  -  Maryland's permit to construct and PSD approval program requirements which also contains enforcement provisions for violations of permits to construct, PSD approvals, and operating permits
                                  26.11.06.14
"Pre-construction permitting for Prevention of Significant Deterioration (PSD) sources" - contains pre-construction permitting requirements for PSD sources and implements the requirements of EPA's final PSD and Title V Greenhouse Gas Tailoring Rule.  See 75 FR 31514.
                   20.79.01.01, 20.79.01.02, and 20.79.01.03
Regulation of construction and modification of electric generating stations including consideration of related air quality impacts
                Annotated Code of Maryland  -  Article, Section
                                  Description
                 Public Utilities Article, 7-205, 207, and 208 
Requirements for construction and modification of generating stations

      EPA finds Maryland's infrastructure SIP submittal for the 2010 NO2 NAAQS meets the requirements of CAA section 110(a)(2)(C).


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

      Section 110(a)(2)(D)(i)(I) of the CAA prohibits any source or other type of emissions activity within the State from emitting any air pollutants in amounts which will contribute significantly to nonattainment in any other state with respect to any primary or secondary NAAQS, or  interfere with maintenance by any other state with respect to any primary or secondary NAAQS.  In this action, EPA is proposing to approve the 110(a)(2)(D)(i)(I) portion of the Maryland SIP submission and determine that the existing Maryland SIP contains provisions sufficient to satisfy all of the requirements of 110(a)(2)(D)(i)(I) for the NO2 NAAQS.  EPA reviewed Maryland's August 14, 2013 infrastructure SIP submittal for the 2010 NO2 NAAQS and based on that review and EPA's review of relevant air quality data, EPA is proposing to determine that Maryland's SIP includes adequate provisions to prohibit sources or other emission activities within the State from emitting nitrogen oxides (NOx) in amounts that will contribute significantly to nonattainment or interfere with maintenance by any other state with respect specifically to the NO2 NAAQS.  NO2  is a component of NOx.   
      
      To meet the requirements of section 110(a)(2)(D)(i)(I), Maryland presented various EPA SIP approved statutory and regulatory provisions which are listed below in Table 4 and, more specifically, control measures to control NOx emissions from major stationary sources listed in Table 5.  
      
      
      
      
         Table 4:  Control Measures to Comply with 110(a)(2)(D)(i)(I)
                            COMAR Subtitle/Chapter
                                  Description
                                   26.11.27
Maryland Healthy Air Act implementing regulations
                                   11.14.08
Enhanced Vehicle Emissions Inspection and Maintenance Program
                                   26.11.34
Low Emissions Vehicle Program implementing regulations
                                  26.11.20.04
National Low Emissions Vehicle Program
                                  26.11.20.03
Reformulated Gasoline in On-road Vehicles

        Table 5:  Control of NOx Emissions for Major Stationary Sources
                             COMAR 26.11.09.08...
                                  Description
                             EPA SIP approval date
                                    A and B
Fuel-Burning Equipment Located at Major Sources  -  General Requirements and Conditions
                                   2/8/2001
                                       C
Fuel-Burning Equipment with a Rated Heat Input Capacity of 250 MMBtu/hr or Greater
                                   2/8/2001
                                       D
Fuel-Burning Equipment with a Rated Heat Input
Capacity of Less than 250 MMBtu/hr and Greater than 100 MMBtu/hr
                             2/8/2001 and 5/1/2003
                                       E
Fuel-Burning Equipment with a Rated Heat Input Capacity of 100 MMBtu/hr or Less
                                   2/8/2001
                                       F
Space Heaters
                                   2/8/2001
                                     G(1)
Fuel-Burning Equipment with a Capacity Factor of 15 Percent or Less
                                   2/8/2001
                                     G(2)
Combustion Turbines with a Capacity Factor Greater
than 15 Percent
                                   2/8/2001
                                     H(3)
Hospital, Medical, and Infectious Waste Incinerators
(HMIWI)
                                   2/8/2001
                                     H(4)
Municipal Waste Combustors (MWC)
                                   2/8/2001
                                 I(1) and (2)
Glass Melting Furnaces
                                   2/8/2001
                                       J
Industrial Furnaces and Other Miscellaneous Installations that Cause Emissions of NOx
                                   2/8/2001
                                    C(2)(h)
Kraft Pulp Mills
                                   2/8/2001
                                 H(1) and (2)
Portland Cement Manufacturing Plants
                                   2/8/2001
                                 I(3) and (4)
Stationary Internal Combustion Engines at Natural Gas Compression Stations
                                   2/8/2001
      
      Maryland's Healthy Air Act (HAA) requires reductions in total emissions of sulfur dioxide (SO2), NOx, and mercury from applicable electric generating units (EGUs) in the state.  The HAA does not allow facilities to obtain out-of-state emissions allowances in lieu of adding pollution control locally.  During the first phase of the HAA, NOx emissions were reduced by approximately 70% in 2009 and SO2 emissions were reduced by approximately 80% in 2010.  At full implementation, the HAA has reduced NOx emissions by approximately 75% in 2012 from 2002 levels.  (See 77 FR 11827 at 11836)
      
      In addition, all major stationary sources of NO2 are subject to the SIP approved requirements for PSD and New Source Review (NSR) which provide preconstruction review and permitting requirements in attainment and nonattainment areas and which help ensure that no new or modified NO2 emitting source will cause or contribute to any potential exceedances of the NO2 NAAQS.  See COMAR 26.11.06.14, 26.11.17, and 20.79.01.01 through 20.79.01.03.  See also Sections 7-205, 7-207, and 7-208 of the Public Utilities Article of the Code.
       
      On February 17, 2012 (77 FR 9532), EPA promulgated a rule that established air quality designations for all areas of the country for the 2010 NO2 NAAQS based on air quality monitoring data for the period 2008-2010.  Based upon this 2008-2010 air quality monitoring data, EPA determined that no area of the country is violating the 2010 NO2 NAAQS.  
      
      EPA reviewed NO2 air quality monitoring data for monitors within Maryland and within a 50 kilometer radius from the State, including monitors in Virginia, Delaware, the District of Columbia, and Pennsylvania.  EPA selected fifty kilometers from Maryland for reviewing design values at monitors because 50 kilometers is the standard distance for modeling analysis in EPA's Guideline on Air Quality Models (Appendix W to 40 CFR Part 51) and EPA is acting consistent with that Guideline.  The most recent design values (DVs) that are computed using quality-assured and certified ambient air monitoring data using the Federal Reference method or equivalent data is reported by states, tribes and local agencies to EPA's AQS.  Data for 2008-2010, 2009-2011 and 2010-2012 for monitors in Maryland and in states surrounding or bordering Maryland within 50 kilometers of Maryland are in Table 6 below and show that the DVs are well below the NAAQS for NO2..  The level of the 1-hour NAAQS for NO2 is 100 parts per billion (ppb) and the form is the 3-year average of the annual 98[th] percentile of the daily 1-hour maximum.  
      
      In the states surrounding and bordering Maryland within the 50 kilometers reviewed by EPA, there are no areas with design values for 2008-2010, 2009-2011 and 2010-2012 that exceed the 2010 NO2 NAAQS.  For example, the highest DV for 2008-2010, 2009-2011 and 2010-2012 is 61 (in the District of Columbia), well below the 100 ppb NAAQS.  See Table 6 below for DVs surrounding and bordering Maryland within 50 kilometers of Maryland.
        
          Table 6:  Design Values Surrounding and Bordering Maryland
                                     State
                                    County
                                     Site
                           2008-2010
Final DV (ppb)
                           2009-2011
Final DV (ppb)
                           2010-2012
Final DV (ppb)
                                      VA
                                Alexandria City
                                   515100009
                                      54
                                      52
                                     52[a]
                                      VA
                                   Arlington
                                   510130020
                                      50
                                      49
                                      47
                                      VA
                                    Loudoun
                                   511071005
                                      40
                                      41
                                      39
                                      VA
                                Prince William
                                   511530009
                                      30
                                      28
                                      28
                                      DC
                                      N/A
                                   110010041
                                      61
                                      59
                                      55
                                      DC
                                      N/A
                                   110010043
                                      59
                                      57
                                      53
                                      DC
                                      N/A
                                   110010025
                                      52
                                     54[a]
                                     55[a]
                                      DE
                                  New Castle
                                   100032004
                                      N/A
                                     50[a]
                                     48[a]
                                      PA
                                   Lancaster
                                   420710007
                                      40
                                      43
                                      42
                                      PA
                                     Adams
                                   420010001
                                      N/A
                                     15[a]
                                     15[a]
[a] These values were calculated based on incomplete data as determined by EPA's Office of Air Quality Planning and Standards and are shown for informational purposes only.
      
      Based on this air quality monitoring data analysis and EPA's review of NOx emission trends within Maryland, EPA does not expect NOx emissions in Maryland to increase significantly.  A review of the National Emissions Inventory (NEI) data shows a reduction of over 23,413 tons per year of total NOx emissions in Maryland from 2008 to 2011.  EPA's analysis of the air quality monitoring data and emission trends (in addition to Maryland's SIP provisions) also demonstrate that NO2 emissions are not increasing significantly in the states surrounding Maryland.  EPA therefore does not expect monitors identified in the table above which all have DVs well below the NO2 NAAQS to have difficulty maintaining the NAAQS for NO2.  
      
      This data also supports EPA's proposed conclusion that Maryland emission sources are not significantly contributing to nonattainment in another state for the NO2 NAAQS and are not interfering with maintenance of the NO2 NAAQS in another state.  For all these reasons, EPA proposes to find that Maryland's federally enforceable SIP provisions with NOx emission limits for NOx emission sources contain adequate provisions to ensure Maryland emission sources will not significantly contribute to nonattainment or interfere with maintenance in another state with respect to the NO2 NAAQS.  
      
      Based upon EPA's review of the air quality data and the State's submittal, EPA is proposing to determine that the State has met its obligations pursuant to 110(a)(2)(D)(i)(I) with respect to the 2010 NO2 NAAQS. 
      

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

	Section 110(a)(2)(D)(i)(II) consists of what the EPA refers to as prong 3 (interference with PSD) and prong 4 (interference with visibility protection).  With respect to prong 3, Section 110(a)(2)(D)(i)(II) requires that SIPs include provisions prohibiting emissions that would interfere with measures required to be in another state's SIP under part C of Title I of the CAA to prevent significant deterioration of air quality.  In describing how its submission meets this requirement, the State referenced the following EPA SIP-approved regulations:  

                   Table 7:  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  -  Public Utilities 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 submission with respect to 110(a)(2)(D)(i)(II) (prong 3) because Maryland's SIP contains an approved PSD program. 
      
      With respect to prong 4, Section 110(a)(2)(D)(i)(II) 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.  In describing how its submission meets this requirement, the State referred to its February 13, 2012 regional haze SIP submittal which was fully approved by EPA on July 6, 2012 (77 FR 39938).    
      
      Thus, EPA is proposing to approve the infrastructure SIP submission with respect to 110(a)(2)(D)(i)(II) prong 4 because 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.  
	
	
6.  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).  Maryland has no currently pending obligations pursuant to CAA Section 126(b) and has made the necessary submittals through its NO2 infrastructure SIP submittal 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).
      
      
7.  Section 110(a)(2)(E)(i) 
            
      The funding resources to carry out the implementation plan in Maryland are provided through Title V permit fees, the Section 103 and 105 grant process, funding from the Maryland Department of Transportation (MDOT) (which, in turn, receives funding from the Federal Transit Administration (FTA) and Federal Highway Administration (FHWA)) to fund Transportation Related Air Pollution Programs (TRAPP) efforts, Maryland's Environmental Trust Fund via the Maryland Department of Natural Resources (DNR), fees collected for motor vehicle inspections via MDOT, and application fees for Certificates of Public Convenience and Necessity (CPCN) for power plants via the Maryland Public Service Commission.  

      As for personnel, Maryland states that MDE's Air and Radiation Management Administration currently has 141 personnel on staff in its air and support/operational services programs.

      With regard to legal authority, Maryland cites provisions contained in the Code and COMAR and describes the authority that each provision provides to MDE in order for MDE to carry out SIP obligations.  These provisions are listed below in Table 8. 
      
                       Table 8:  Authorities Provisions
                            COMAR Subtitle/Chapter
                                  Description
                   26.11.02.16, 26.11.02.17, and 26.11.02.19
Title V permit fees  -  used to fund permitting of new and existing sources, compliance and enforcement of sources, and monitoring of air quality
                Annotated Code of Maryland  - Article, Section
                                  Description
                      Environment Article, Section 2-403
Title V permit fees  -  used to fund permitting of new and existing sources, compliance and enforcement of sources, and monitoring of air quality
                     Environment Article, Section 2-103(a)
Authority for MDE to obtain Federal and State funds available for purposes of Title 2 of the Article
                 Environment Article, Section 2-103(b)(1)-(3)
Gives MDE jurisdiction over emissions into the air and ambient air quality in the State, responsibility for monitoring ambient air quality in the State, and coordinating all State agency programs on ambient air quality control
                      Environment Article, Section 2-105
Authority for MDE to advise the Governor when an air pollution emergency exists
                   Environment Article, Section 2-301(a)(2)
Authority for MDE to adopt regulations that establish standards and procedures to be followed whenever pollution of the air reaches an emergency condition
                  Environment Article, Sections 2-201- 2-206
Air Quality Control Advisory Council - consultation advice regarding proposed regulations
                   Environment Article, Section 2-301(a)(1)
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, Section 2-302(a)-(d)
Authority to set emission standards and ambient air quality standards for each air quality control area in the State
                    Environment Article, Section 2-601-614
Authority for MDE to enforce the standards and impose penalties
                    Transportation Article, Section 23-207
Authority for MDOT to adopt rules and regulations for implementation, administration, and regulation of programs, such as Maryland's Vehicle Emissions Inspection Program
                    Transportation Article, Section 23-205
Authority for MDOT to set fees for vehicle inspections and testing
       Public Utilities Article, Sections 2-112, 2-113, 2-117, and 2-121
Authority for the Public Service Commission to supervise and regulate public service companies, including consideration of the preservation of environmental quality
                   Natural Resources Article, Section 3-303
Authority for the DNR to establish the Power Plant Research Program (PPRP); also establishes the purview of PPRP's work including research regarding impacts of air pollutants from power plants on public health and welfare and related modeling, and an environmental evaluation of power plant sites proposed for future development

      Therefore, EPA finds Maryland's infrastructure SIP meets the requirements of CAA section 110(a)(2)(E)(i). 


8.  Section 110(a)(2)(E)(ii) 

      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 NO2 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.  See 78 FR 73472.  The rule became effective on February 4, 2014.  Therefore, EPA is proposing that Maryland's SIP adequately addresses E(ii).  


9.  Section 110(a)(2)(E)(iii) 

	Maryland does not rely on localities for specific SIP implementation.  Therefore, EPA finds Maryland's infrastructure SIP meets the requirements of CAA section 110(a)(2)(E)(iii).  


10.  Section 110(a)(2)(F) 
            
      Specific monitoring requirements requiring air emissions monitoring by sources within the State are found in Sections 2-103(b)(1) and 2-301(a)(1) of the Environment Article of the Code, and COMAR 26.11.03.01 which addresses compliance monitoring for Title V permits.  Additionally, the following EPA SIP-approved regulations address requirements for monitoring and control of NOx Emissions:  COMAR 26.11.01.04B, 26.11.01.10, and 26.11.09.08.  
      
      Requirements for periodic reports on the nature, amounts of emissions, and emissions-related data are included in the following regulations which have been approved into Maryland's SIP:  COMAR 26.11.01.04, 26.11.01.05, 26.11.01.05-1, 26.11.01.07, 26.11.01.10, and 26.11.27.05.  Additionally, COMAR 26.11.03.03 is applicable regarding data from sources with Title V permits but has not been approved into the SIP.  
      
      Requirements for reports and public notification are addressed through COMAR 26.11.01.05 "Records and Information," and 26.11.01.04B(4) which requires that, "all records and reports...shall be available for public inspection."  Therefore, EPA finds Maryland's infrastructure SIP meets the requirements of CAA section 110(a)(2)(F).


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

      Section 2-105 of the Environment Article of the Code authorizes MDE to advise the Governor of Maryland to declare an air pollution emergency and, when declared, section 2-301(a)(2) establishes the standards and procedures to be followed.  Sections 2-604 and 2-609(a) of the Environment Article of the Code give authority to MDE when accidental or other releases occur.  Maryland's emergency plans are EPA SIP approved and found in COMAR 26.11.05.  Therefore, EPA finds that Maryland has authority comparable to that in section 303 of the CAA and adequate contingency plans to implement such authority.  Accordingly, EPA finds Maryland's infrastructure SIP meets the requirements of CAA section 110(a)(2)(G).


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

	Maryland has demonstrated that it has adequate authority to revise the SIP under section 2-301(a)(1) of the Environment Article of the Code.  This provision provides authority to adopt new regulations and revise existing regulations to meet the NAAQS.  More specifically, section 2-302 of the Environment Article of the Code provides the authority to set emission standards and air quality control areas, as well as ambient air quality standards.  
      
      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 or the availability of improved methods to attain the NAAQS.  EPA also finds these provisions provide adequate assurances that Maryland can revise its SIP when the Administrator finds that the plan is inadequate to attain the NAAQS or otherwise comply with the requirements of the CAA.  
      
      Therefore, EPA finds Maryland's NO2 infrastructure SIP meets the requirements of CAA section 110(a)(2)(H).


13.  Section 110(a)(2)(J) 
	
	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 Code 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 Code provides administrative procedure requirements for adopting or modifying regulations and these procedures include public notification and participation requirements.  

		Section 127 (relating to public notification).  As mentioned above, Section 2-303(b) of the Environment Article of the Code requires that public hearings be held before Maryland adopts air quality regulations.  In addition, Subtitle 1 of Title 10, State Government Article of the Code sets forth the administrative procedures for Maryland to adopt or modify regulations.  In addition, SIP approved regulations and statutory provisions in which public notification and hearings are addressed are listed in Table 9.
	
                   Table 9:  Public Notification regulations
                            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), 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  requirements of CAA Sections 169A and 169B as discussed above for section 110(a)(2)(D)(i)(II).  
      
        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.
      
      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.  
      

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

For the authority to perform air quality modeling and the submission of relevant data, Maryland cites Sections 2-103 and 2-302 of the Environment Article of the Code.  Maryland also cites SIP approved portions of Sections 7-205, 7-207, 7-207.1, and 7-208 of the Public Utilities Article of the Code and COMAR 20.79.01, 20.79.02, and 20.79.03 which 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 fine particulate matter (PM2.5) SIPs.  Therefore, EPA finds Maryland's infrastructure SIP meets the requirements of CAA section 110(a)(2)(K).


15.  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's August 14, 2013 SIP submission for the 2010 NO2 NAAQS  further explains under element (E) that "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....  This includes program development and NO2 plan implementation."  Therefore, EPA finds Maryland's infrastructure SIP meets the requirements of CAA section 110(a)(2)(L).


16.  Section 110(a)(2)(M) 
	
      Maryland's submission for section 110(a)(2)(M) was identical to the submission for section 110(a)(2)(J) with regard to the requirements of Section 121 (relating to consultation) and Section 127 (relating to public notification) of the CAA.  EPA discussed those provisions above in the analysis of Maryland's submission for section 110(a)(2)(J) and finds that analysis applicable to the requirements of 110(a)(2)(M).  EPA finds Maryland's infrastructure SIP meets the requirements of CAA section 110(a)(2)(M) for consultation and participation by local political subdivisions affected by the Maryland SIP.


F.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION

      EPA's analysis of Maryland's August 14, 2013 infrastructure submittal for the 2010 NO2 NAAQS therefore concludes that Maryland's submittal meets the requirements of section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof.  EPA is not, at this time, proposing to approve, nor recommending approval, of any statutory or regulatory provisions discussed in this document which have not previously been SIP approved.  It is recommended that a notice of proposed rulemaking be prepared approving Maryland's infrastructure submittal for the 2010 NO2 NAAQS.  
