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

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

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

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

A.   INTRODUCTION

 The Environmental Protection Agency (EPA) is taking action on the State of Maryland State Implementation Plan (SIP) revision 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 Ozone National Ambient Air Quality Standard (NAAQS).

B.  BACKGROUND
2008 Ozone NAAQS 
On March 27, 2008, EPA promulgated a revised NAAQS for ozone based on 8-hour average concentrations.  EPA revised the level of the 8-hour ozone NAAQS to 0.075 parts per million (ppm).  Pursuant to section 110(a) of the CAA, states are required 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 a shorter period as EPA may prescribe.  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.  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.

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.  In the case of the 2008 8-hour ozone NAAQS, states typically have met the basic program elements required in section 110(a)(2) through earlier SIP submissions in connection with the 1997 8-hour ozone NAAQS.  

C.  EPA REQUIREMENTS

As discussed above, for the 2008 ozone NAAQS, states must provide SIP submissions which identify authorities and/or provide certification of how the existing SIP contains provisions addressing relevant infrastructure SIP elements.
      
D.  STATE'S SUBMITTAL

On December 27, 2012, Maryland provided a submittal to satisfy the requirements of section 110(a)(2) of the CAA for the 2008 ozone NAAQS.  This submittal addressed the following infrastructure elements, or portions thereof, that EPA is proposing to approve:  section 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA. 
 EPA is acting on all elements except, 110(a)(2)(D)(i)(I) on which it will take separate action, and 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 SIP submittal of December 27, 2012 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 which addresses air quality.  Although the SIP mentions a consent decree with Mirant, a copy was not provided with the SIP submittal and the emission limits in the Consent Decree are already federally enforceable. Therefore EPA believes this was simply provided as a reference and interprets this mention for reference purposes only.  Maryland also references an 8-hour ozone SIP submittal.  All approved EPA SIP submittals including those for ozone can be found in 40 CFR 52.1070.  Maryland 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 infrastructure submittal and Maryland's current SIP, EPA finds that Maryland has met its obligations pursuant to 110(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 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 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 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 submittal, Maryland's authority to monitor can be found in §§2-103(b)(2) and 2-301 (a)(1), Environment Article, Annotated Code of Maryland.  Also, due to a recently approved SIP revision, Maryland's more specific monitoring methods are found in SIP approved COMAR 26.11.04.02 (specifying methods of measuring ambient air quality levels shall be those specified in 40 C.F.R. Parts 50, 53 and 58) and not COMAR 26.11.04.03 which was identified in their infrastructure submittal as the COMAR specifying methods of measuring ambient air quality levels.   
  
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. Section 58.10 also requires MDE (beginning July 1, 2010) to perform and submit to the EPA Regional Administrator an assessment of the Maryland ambient air monitoring network every five years to determine, at a minimum, if the network meets the monitoring objectives defined in 40 C.F.R., Part 58, Appendix D.  The docket for this proposed rulemaking contains the most recent approval from EPA of the current monitoring network plan. 
Maryland has and will continue to submit data to EPA's Air Quality System (AQS).  MDE collects and reports to EPA ambient air quality data for ozone 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 submittal 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 §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 submittal 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 notice, EPA is only proposing to act on 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii).  EPA will take separate action on 110(a)(2)(D)(i)(I) 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. 
	

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.  

In describing how its submissions meets this requirement, the State referenced some of the following EPA SIP-approved regulations:  
                        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 submission 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.  
      
In describing how its submissions meet 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 submissions 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.  
Based upon EPA's review of the submittal, and the Maryland SIP, 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 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) of the CAA.


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

According to the submittal, Maryland receives funds via the 105 grant program.  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.   

Maryland has several other authorities to implement the Maryland SIP identified below.  EPA previously identified similar authorities for implementing the Maryland SIP in EPA's TSD supporting its rulemaking proposing approval of the Maryland NO2 infrastructure SIP submittal. The TSD is available in the docket for that rulemaking at www.regulations.gov, Docket ID Number EPA-R03-OAR-2013-0649.   

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

Therefore, based upon EPA's review of the SIP submittal,  and Maryland's SIP, 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 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, SIP approved regulations require installation and maintenance of monitoring equipment, including but not limited to COMAR 26.11.01.04, "Testing & Monitoring" and COMAR 26.11.01.10 Continuous Emissions Monitoring (CEMs) Requirements.  The submittal references COMAR 26.11.01.11 as well as Maryland's Title V program (COMAR 26.11.03) which contain requirements related to source testing/monitoring.  These are provided for reference.  

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 Part 51.211 Emissions Reports and record keeping and 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 submittal, the Maryland SIP, and Maryland's Annotated Code, 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 submittal referenced above, Maryland can address air pollution emergencies as authorized by §2-105, Environment Article, Annotated Code of Maryland, and 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 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 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 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 the plan 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 submittal and, Maryland's SIP, 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 submittal 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, MWAQ (Metropolitan Washington Air Quality Committee),  IAQC (Interstate Air Quality Council), 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.  The Air Quality Control Advisory Council also follows a consultation process (§§ 2-201-206 Environment Article, Annotated Code of Maryland).  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"

26.11.03.01a	"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"

26.11.06.14        "Control of PSD Sources"
 
26.11.17               "Nonattainment Provisions for Major New Sources and Modifications"

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 are 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 submitted SIP revisions to satisfy the requirements of CAA Sections 169A and 169B, as discussed above for section 110(a)(2)(D)(i)(II) of the CAA.  

For the purposes of PSD, Maryland incorporates the federal regulations by reference.  For further 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.  
Based upon EPA's review of the above submittal, Maryland's SIP, and the Annotated Code of Maryland, EPA finds that Maryland  has met its obligations pursuant to CAA Section 110(a)(2)(J).  
    
10.  Section 110(a)(2)(K) 

According to the 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.   In addition, Maryland has a SIP approved PSD program under 40 CFR 52.1070 which includes modeling and 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.  
Based upon EPA's review of the submittal, and Maryland's SIP, EPA finds that Maryland has met its obligations pursuant to 110(a)(2)(K) of the CAA. 

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 submittal, 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 ozone  infrastructure SIP meets the requirements of CAA section 110(a)(2)(L).  

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

According to the above referenced SIP submittal, Maryland provides for consultation and participation by local political subdivisions affected by the SIP primarily from  
statutory authority under Section 2-301 of the Environment Article, Annotated Code of Maryland.  This is also met through the statutory authority  and  2-302 of the Environmental Article, Annotated Code of Maryland as well as via the means and measures previously discussed under section 110(a)(2)(J). 

 Based upon EPA's review of the submittal, and the Maryland SIP, EPA is proposing to determine 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 ozone NAAQS concludes that Maryland's submittals and 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 submittal for the 2008 ozone NAAQS for the elements or portions thereof indentified above.  


