Title 2. Ambient Air Quality Control — Subtitle 3. Rulemaking

May adopt rules and regulations for the control of air pollution in this State, including testing, monitoring, record keeping, and reporting requirements; and

Shall adopt rules and regulations that establish standards and procedures to be followed whenever pollution of the air reaches an emergency condition.

The residential, commercial, or industrial nature of the area affected;

Zoning;

The nature and source of various kinds of air pollution;

The problems of any commercial or industrial establishment that may be affected by the rule or regulation; and

The environmental conditions, population density, and topography of any area that may be affected by the rule or regulation.

Unless a political subdivision requests a more restrictive standard under § 2-104 of this title, the Department shall set ambient air quality standards for 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.

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.

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.

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.

The limitations of paragraph (1) of this subsection do not apply to the extent that:

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.

Before adopting any rule or regulation under this title, the Department shall announce and hold a public hearing on the subject.

A public hearing required under this subtitle may be held using teleconference or Internet–based conferencing technology.

At least 30 days before the public hearing, the Department shall publish notice of the hearing in a newspaper of general circulation in the area concerned or on the Department’s website.

The notice required under paragraph (1) of this subsection shall state:

The types of public notices required under this title that are available on the Department’s website; and

A phone number or electronic mail address at the Department that a person can contact to arrange for the receipt of future public notices required under this title by first–class mail or electronic mail.