[Federal Register Volume 59, Number 37 (Thursday, February 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4110]


[[Page Unknown]]

[Federal Register: February 24, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD14-1-5679; A-1-FRL-4839-2]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Particulate Matter (PM-10): Group III Areas State 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State implementation plan (SIP) revision 
submitted by the State of Maryland. This revision establishes and 
requires the implementation of primary and secondary particulate matter 
standards consistent with the National ambient air quality standards 
(NAAQS) for particulate matter (PM-10). The intended effect of this 
action is to approve five (5) regulations, amended by Maryland in order 
to conform with the requirements established for Group III areas for 
PM-10. This action is being taken under section 110 of the Clean Air 
Act.

EFFECTIVE DATE: This action will become effective April 25, 1994 unless 
notice is received by March 28, 1994 that adverse or critical comments 
will be submitted. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, PA 19107. Copies of 
the documents relevant to this action are available for public 
inspection during normal business hours at the Air, Radiation, and 
Toxics Division, U.S. Environmental Protection Agency, Region III, 841 
Chestnut Building, Philadelphia, PA 19107; Jerry Kurtzweg ANR-443, U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460; and Maryland Department of the Environment, 2500 Broening 
Highway, Baltimore, Maryland 21224.

FOR FURTHER INFORMATION CONTACT: David J. Campbell, Air and Radiation 
Programs Branch, Environmental Protection Agency, Region III, 841 
Chestnut Building, Philadelphia, PA 19107; 215-597-9781.

SUPPLEMENTARY INFORMATION: On March 1, 1989, the Maryland Department of 
the Environment submitted a revision to the Maryland State 
implementation plan (SIP) to achieve and maintain the National ambient 
air quality standards (NAAQS) for particulate matter (PM-10). The 
revision consists of: (1) An amended Code of Maryland Regulations 
(COMAR) 10.18.01-''General Administrative Provisions''; (2) An amended 
COMAR 10.18.02-''Permits, Approvals, and Registrations''; (3) An 
amended COMAR 10.18.03-''State-Adopted National Ambient Air Quality 
Standards and Guidelines''; (4) An amended COMAR 10.18.05-''Air 
Pollution Episode System''; and (5) An amended COMAR 10.18.06-''General 
Emission Standards, Prohibitions, and Restrictions''.

    The March 1, 1989 submittal is consistent with the SIP revision 
requirements for PM-10 Group III areas as detailed in the July 1, 1987 
Federal Register notice (52 FR 24672). The amended Maryland regulations 
are consistent with the NAAQS for PM-10, and specify:


     PM-10 as an indicator of particulate matter.

     Exceedance levels.

     Reference methods for measurement of PM-10.

     Emergency episode plan revisions to include PM-10.

     Prevention of Significant Deterioration (PSD) regulation 
standards for both PM-10 and Total Suspended Particulate (TSP), with 
standards for emission rates and significant monitoring concentrations.

Summary of SIP Revision

    On July 1, 1987, EPA promulgated national ambient air quality 
standards (NAAQS) for particulate matter with an aerodynamic diameter 
less than or equal to a nominal 10 micrometers (PM-10) (52 FR 24634). 
The PM-10 standards replace the total suspended particulate (TSP) 
standards promulgated by EPA in 1971. Also on July 1, 1987, EPA 
promulgated changes to the policies and regulations by which it will 
implement the NAAQS for PM-10 in 40 CFR parts 51 and 52 (52 FR 24672).

    Using the classification criteria established at 52 FR 24672, EPA 
has preliminarily designated areas within each State as Group I, II, or 
III based upon an area's probability of attaining the PM-10 standard. 
The July 1, 1987 Federal Register notice requires State implementation 
plan (SIP) revisions for all classified Group I, II, and III areas and 
indicates the SIP revision requirements for each classification.

    On August 7, 1987, the State of Maryland was classified at 52 FR 
29383 as follows:


    Group II-Baltimore County-City of Baltimore.

    Group III-All other Areas not classified as Group I or Group II.

    The Clean Air Act as amended (1990 Amendments) affects these 
classifications, and the associated requirements, in a number of ways. 
The 1990 Amendments eliminated the need for States to seek approval of 
``committal'' SIP revisions for Group II areas as prescribed in the 
July 1, 1987 Federal Register. The Group II areas are to be addressed 
using the authorities established in section 107 of the Clean Air Act 
concerning the classification of areas as attainment or nonattainment 
with regard to the NAAQS. EPA has determined that sufficient evidence 
does not exist to redesignate the City of Baltimore as nonattainment 
for PM-10 at this time.

    The 1990 Amendments did not affect the requirements established for 
Group III areas. The July 1, 1987 Federal Register requires States to 
seek approval of SIP revisions as required under the preconstruction 
review program and to codify other minor regulatory changes as needed. 
It is presumed that the existing Maryland SIP is adequate to 
demonstrate attainment and maintenance of the NAAQS for PM-10 in all 
Group III areas in the State. On March 1, 1989, the State of Maryland 
responded to the July, 1, 1987 Federal Register by submitting five (5) 
regulations amended to reflect the revised particulate matter standards 
as a SIP revision. This SIP revision addresses Group III areas only.

EPA Evaluation

    EPA has evaluated Maryland's SIP revision request and concluded the 
following: (1) The amended regulations conform with the revised primary 
and secondary NAAQS for PM-10; (2) the amended regulations are clearly 
enforceable; and (3) the applicable requirements of 40 CFR part 51 have 
been met. A more detailed evaluation is provided in the Technical 
Support Document available upon request from the Regional EPA office 
listed in the Addresses section of this document.

    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. These revisions to Maryland's regulations have 
been effective in the State since March 21, 1989. This action will be 
effective April 25, 1994 unless, by March 28, 1994, notice is received 
that adverse or critical comments will be submitted. If such notice is 
received, this action will be withdrawn before the effective date by 
simultaneously publishing two subsequent notices. One notice will 
withdraw the final action and another will begin a new rulemaking by 
announcing a proposal of the action and establishing a comment period. 
If no such comments are received, the public is advised that this 
action will be effective on April 25, 1994.

Final Action

    EPA is approving the five (5) regulations submitted by the Maryland 
Department of the Environment as a revision to the Maryland SIP. EPA's 
review of this material indicates that it conforms to the requirements 
of 40 CFR parts 51 and 52, and to the July 1, 1987 promulgation of 
NAAQS for PM-10 in the Federal Register.
    The Agency has reviewed this request for revision of the federally-
approved State implementation plan for conformance with the provisions 
of the 1990 Amendments enacted on November 15, 1990. The Agency has 
determined that this action conforms with those requirements 
irrespective of the fact that the submittal preceded the date of 
enactment.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for revision to any 
State implementation plan. Each request for revision to the State 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the Clean Air Act, preparation of a 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of State action. The Clean Air Act forbids EPA to base 
its actions concerning SIP's on such grounds. Union Electric Co. v. 
U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    This SIP revision establishing revised particulate matter standards 
in Maryland has been classified as a Table 3 action for signature by 
the Acting Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions 
from the requirements of section 3 of Executive Order 12291 for a 
period of two years. EPA has submitted a request for a permanent waiver 
for Table 2 and 3 SIP revisions. OMB has agreed to continue the waiver 
until such time as it rules on EPA's request. This request is still 
applicable under Executive Order 12866, which superseded Executive 
Order 12291 on September 30, 1993.

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 25, 1994. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2) of the Clean Air 
Act.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: February 9, 1994.

Stanley L. Laskowski,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:


    Authority: 42 U.S.C. 7401-7671q.

Subpart V--Maryland

    2. Section 52.1070 is amended by adding paragraph (c)(99) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (99) Revisions to the Maryland regulations for particulate matter 
(PM-10) submitted on March 1, 1989 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of March 1, 1989 from the Department of the Environment 
transmitting a revision to the Maryland State implementation plan for 
particulate matter (PM-10) Group III areas.
    (B) COMAR 10.18.01 (General Administrative Provisions), COMAR 
10.18.02 (Permits, Approvals, and Registration), COMAR 10.18.03 (State-
Adopted National Ambient Air Quality Standards and Guidelines), COMAR 
10.18.05 (Air Pollution Episode System), and COMAR 10.18.06 (General 
Emission Standards, Prohibitions, and Restrictions) as published in the 
Maryland Register on February 10, 1989. The regulations were adopted on 
January 20, 1989 and became effective on March 21, 1989.
    (ii) Additional materials.
    (A) Remainder of the State implementation plan revision request 
submitted by the Maryland Department of the Environment on March 1, 
1989.
[FR Doc. 94-4110 Filed 2-23-94; 8:45 am]
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