In this title the following words have the meanings indicated. “Air pollution” means the presence in the outdoor atmosphere of any substance that is present in such quantities and is of such duration that it: May be predicted with reasonable certainty to be injurious to property or to human, plant, or animal life; or Unreasonably interferes with the proper enjoyment of the property of others because of the emission of odors, solids, vapors, liquids, or gases. “Council” means the Air Quality Control Advisory Council. “Emergency” means: A condition of such public gravity and urgency that it requires immediate response; or A condition that is predicted to a reasonable degree of certainty to require immediate action to carry out the provisions of this title. “Emission standard” means a requirement that limits the quantity, quality, rate, or concentration of emissions from a source. “Emission standard” includes any requirement that relates to the operation or maintenance of a source to assure continuous emission reduction. “Person” includes any public or municipal corporation and any agency, bureau, department, or instrumentality of federal, State, or local government. “Political subdivision” means a county or municipal corporation of this State. “Regulated emissions” means the actual rate of emissions, in tons per year, of any registered pollutant emitted by a source, to be calculated using criteria consistent with 40 C.F.R. Part 70 (Operating Permit Program). “Source” means any person or property that contributes to air pollution.

It is the policy of this State to maintain the degree of purity of the air necessary to protect the health, the general welfare, and property of the people of this State.

In addition to the powers set forth elsewhere in this title, the Department may obtain any federal or other funds that are available to this State for purposes that are within the scope of this title. In addition to the duties set forth elsewhere in this title, the Department: Has jurisdiction over emissions into the air and ambient air quality in this State; Is responsible for monitoring ambient air quality in this State; and Shall coordinate all State agency programs on ambient air quality control. The Department may contract for or otherwise arrange for the use of the facilities and services of appropriate agencies of political subdivisions in carrying out the Department’s monitoring duties under this title.

Subject to § 2–1257 of the State Government Article, the Secretary, in conjunction with the Secretary of Transportation, shall furnish a joint report, within 30 days after the date Congress modifies the provisions of the federal Clean Air Act, to the Legislative Policy Committee, the Senate Judicial Proceedings Committee, and the House Environment and Transportation Committee outlining the status of changes in the federal Clean Air Act as of that date and all other related and pertinent information.

In this section, “ambient air monitoring data” means measured concentrations of air pollutants, including air pollutants for which there are no established ambient air quality standards or emission standards, obtained from an ambient air monitor established by the Department. On or before January 1, 2000, and each year thereafter, the Department shall provide public access to all air monitoring data in the State through the Internet. Ambient air monitoring data provided under this section: May be in summary form; and Shall include all validated ambient air monitoring data for the 2 most recent calendar years for which data are available.

Except as provided in this section, this title does not limit the power of a political subdivision to adopt ordinances, rules, or regulations that set emission standards or ambient air quality standards. A political subdivision may not adopt any ordinance, rule, or regulation that sets an emission standard or ambient air quality standard less stringent than the standards set by the Department under this title. The governing body of any political subdivision may ask the Department to adopt rules and regulations that set more restrictive emission standards or ambient air quality standards in that political subdivision.

In accordance with the rules and regulations adopted by the Department, the Secretary shall advise the Governor when an air pollution emergency exists or is reasonably certain to occur. When so advised, the Governor may issue an executive order that: Proclaims an air pollution emergency; and Requires the immediate elimination of specifically identifiable sources of air pollution. If a person violates an executive order issued under this section, the Attorney General may sue in a court of appropriate jurisdiction to enforce compliance with the order.

A determination by the Department that air pollution exists or that a rule or regulation has been disregarded or violated does not create any presumption of law or finding of fact for the benefit of any person other than this State. Any proceedings under this title shall be brought by the Department for the benefit of the people of this State. No person other than this State acquires actionable rights by virtue of this title.

There is a Maryland Clean Air Fund. Except as provided in § 2–1002(g) of this title, all application fees, permit fees, renewal fees, and funds collected by the Department under this title, Title 6, Subtitle 4 of this article, or received from the Maryland Strategic Energy Investment Fund under § 9–20B–05(g)(3)(iii) of the State Government Article, including any civil or administrative penalty or any fine imposed by a court under these provisions, shall be paid into the Maryland Clean Air Fund. Subject to the appropriation process in the annual operating budget, the Department shall use the Maryland Clean Air Fund for: Activities conducted under this title that are related to identifying, mitigating, monitoring, reducing, and regulating air pollution in the State, including program development of these activities as provided in the State budget; and Providing grants to local governments to supplement funding for programs conducted by local governments that are consistent with this title and the State program. Subject to Title 10, Subtitle 1 of the State Government Article (Administrative Procedure Act – Regulations), the Department shall adopt rules and regulations for the management and use of the money in the Fund. At the end of the fiscal year, the Department shall: Prepare an annual report on: The Maryland Clean Air Fund that includes an accounting of all financial receipts and expenditures to and from the Fund; and Any relevant information regarding the federal approval process, the effectiveness of the permitting program, and any other issues related to the operation of the permitting program established under § 2–401 of this title; Provide a copy of the report to the General Assembly, as provided under § 2–1257 of the State Government Article; and Upon request, make the report available to permit holders under this title. Money deposited into the Fund is not subject to § 7–302 of the State Finance and Procurement Article and may not revert to the General Fund of the State.