(a) The Department shall determine and may alter air quality control areas into which
this State is divided.
(b) 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.
(c)(1) 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.
(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
(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)(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.
(2) The limitations of paragraph (1) of this subsection do not apply to the extent
(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 1 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
July 14, 1955, ch. 360, 69 Stat. 322, codified at 42 U.S.C.A. § 7401 et seq.
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