The Department: 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. In adopting any rule or regulation under this title, the Department shall consider, among other things: 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. Any rule or regulation adopted under this title that relates to grain drying operations shall be adopted with the advice and consent of the State Department of Agriculture.

The Department shall determine and may alter air quality control areas into which this State is divided. The Department shall adopt rules and regulations that set emission standards and ambient air quality standards for each of the air quality control areas in this State. 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: A political subdivision requests a more restrictive standard under § 2-104 of this title; or 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. 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.

The Department may not adopt any rule or regulation under this title unless the requirements of this section and the Administrative Procedure Act are met. 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 date, time, and place of the hearing; and The purpose of the hearing. The Department shall publish annually a notice in a newspaper of general circulation to inform the public of: 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. After the public hearing, the Department may adopt the rule or regulation with or without modification.

The Department may not adopt regulations to implement Stage II of the Program for Volatile Organic Emissions Control from gasoline retailing operations unless: The Department is mandated by the United States Environmental Protection Agency; The Department is unable to find other control strategies; and The Environmental Protection Agency publishes notice in the Federal Register that the State of Maryland is not in compliance with the provisions of the Clean Air Act (42 U.S.C. §§ 7401 through 7602).

In any program implementing the reduction of vehicle miles traveled as a part of the State’s compliance with the federal Clean Air Act the Department shall include provisions to allow, both within Maryland and among Maryland and adjoining states: The averaging of reductions in vehicle miles traveled between different worksites of the same employer; The averaging of reductions in vehicle miles traveled between worksites of different employers; The sale between worksites and employers of credits for reduced vehicle miles traveled; and The greatest degree of flexibility in implementation, giving full consideration to the geographic differences among affected areas, in order to promote the economic and environmental interests of the areas affected.

The Department shall conduct inspections as provided in a memorandum of understanding on behalf of and in coordination with other agencies when administering the inspection of gasoline retailing operations under this subtitle.

Each State agency shall consult with the Department before adopting any rule or regulation that relates to ambient air quality control.