HARRY HUGHES, Governor

1809

POLLUTANTS THAT ARE IDENTICAL TO THE STANDARDS FOR
POLLUTANTS FOR WHICH NATIONAL PRIMARY OR SECONDARY AMBIENT
AIR QUALITY STANDARDS HAVE BEEN SET BY THE FEDERAL
GOVERNMENT.

(2)  TO PROTECT THE PUBLIC HEALTH, THE GENERAL
WELFARE, AND PROPERTY OF, THE PEOPLE OF THIS STATE, THE
DEPARTMENT MAY SET STATE AMBIENT AIR QUALITY STANDARDS FOR
SUBSTANCES FOR WHICH NATIONAL AMBIENT AIR QUALITY STANDARDS
HAVE NOT BEEN SET BY THE FEDERAL GOVERNMENT.

(3)  IF THE SECRETARY FINDS THAT TRANSPORTATION
THROUGH THE AIR IS A SIGNIFICANT FACTOR IN THE BUILDUP OF A
POLLUTANT IN A SUBSTANCE OTHER THAN AIR AND THAT MONITORING
THE SUBSTANCE FACILITATES CONTROL OF THE POLLUTANT, A STATE
AMBIENT AIR QUALITY STANDARD MAY ESTABLISH A MAXIMUM
CONCENTRATION OF THE POLLUTANT IN THAT SUBSTANCE.

(D) EMISSION STANDARDS.

(1)  EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, IF NATIONAL AMBIENT AIR QUALITY STANDARDS ARE
ATTAINED IN AN AIR QUALITY CONTROL AREA, THE DEPARTMENT
SHALL SET EMISSION STANDARDS FOR THAT AREA BASED ON THE GOAL
OF ACHIEVING EMISSION LEVELS THAT ARE NOT MORE RESTRICTIVE
THAN NECESSARY TO ATTAIN AND MAINTAIN THE AMBIENT AIR
QUALITY STANDARDS IN THAT AREA: AREA.

(2)  THE LIMITATIONS OF PARAGRAPH (1) OF THIS
SUBSECTION DO NOT APPLY TO THE EXTENT THAT:

(I)  A POLITICAL SUBDIVISION REQUESTS A
MORE RESTRICTIVE STANDARD UNDER § 2-104 OF THIS TITLE; OR

(II)  NEW SOURCE PERFORMANCE STANDARDS,
NATIONAL PREVENTION OF SIGNIFICANT DETERIORATION
REQUIREMENTS, NATIONAL EMISSION STANDARDS FOR HAZARDOUS
POLLUTANTS, OR ANY OTHER REQUIREMENTS OF THE FEDERAL CLEAN
AIR ACT APPLY.

(3)  FOR THOSE EMISSIONS FOR WHICH NO NATIONAL
AMBIENT AIR QUALITY STANDARDS HAVE BEEN SET, THE SECRETARY
MAY SET EMISSION STANDARDS AND REQUIREMENTS FOR VARIOUS
CLASSES OF SOURCES.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 693(b)(1), (3), (4), (6), and (7) and the
first, third, and fourth sentences of (a).

The second sentence of former Article 43, §
693(a), which enumerated the air quality control
areas that initially were created, is deleted as
unnecessary and potentially misleading. The
areas now are established, and, since the