[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8964]


[[Page Unknown]]

[Federal Register: April 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MD13-1-6145; FRL-4860-3]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland (Revisions to Air Pollution Emergency Episode Plan 
Requirements)

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 revises definitions 
and provisions to Maryland's air pollution emergency episode plan 
requirements. The intended effect of this action is to incorporate by 
reference into the federally-enforceable SIP revised State regulations 
which meet current Federal requirements. This action is being taken 
under section 110 of the Clean Air Act.
DATES: This final rule will become effective June 13, 1994 unless 
notice is received on or before May 16, 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, Pennsylvania 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, Pennsylvania 19107; Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460; and the Maryland 
Department of the Environment, 2500 Broening Highway, Baltimore 
Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 597- 1325.

SUPPLEMENTARY INFORMATION: On June 7, 1990, the State of Maryland 
submitted a formal revision to its State Implementation Plan (SIP). The 
SIP revision consists of amendments to Code of Maryland Administrative 
Regulations (COMAR) 26.11.05 governing air pollution episode emergency 
plans. The amended provisions, which are applicable Statewide, are 
summarized below:

    1. COMAR 26.11.05.01A.-Definition of ``Air Stagnation Advisory 
(ASA)'' (added)
    2. COMAR 26.11.05.01B.-Definition of ``Atmospheric stagnation'' 
(modified)
    3. COMAR 26.11.05.01H.-Definition of ``Pollutant Standards Index 
(PSI)'' (added)
    4. COMAR 26.11.05.01J.-Definition of ``Special Dispersion Statement 
(SDS)'' (added)
    5. Deletion of the definition of ``Coefficient of haze.''
    6. COMAR 26.11.05.02B.,.02C.-Administrative changes making clear 
that the Maryland Department of the Environment (MDE) Secretary's 
designee is empowered to declare conditions of air pollution designated 
as Standby Watch, Health Advisory, Alert, Warning, or Emergency.
    7. COMAR 26.11.05.03A.,B, D.-Air Pollution Episode 
CriteriaAdministrative changes similar to those made in COMAR 
26.11.05.02B. and C. Replacement of forecast stage with a standby watch 
stage and a health advisory stage.
    8. COMAR 26.11.05.05A.-Control Requirements and Standby Orders. 
Administrative changes. Replacement of forecast stage with a standby 
watch stage and a health advisory stage.
    9. COMAR 26.11.05.05B. through D.-administrative changes to broaden 
the definition of ``incineration'' in that so that the specific term 
``refuse'' is deleted.
    The current SIP requires activation of episode plans either: (1) 
When air stagnations are forecasted; or (2) air pollutant 
concentrations reach Alert Stage levels. However, revisions are 
necessitated to correct situations where the applicable regulations did 
not require air pollution emergency episode plans to be activated, 
despite the fact that violations of the National ambient air quality 
standards (NAAQS) had been recorded, but neither of the above 
conditions were met.
    To correct this situation, Maryland has instituted a revised system 
for activating air pollution episode plans before air quality actually 
becomes unhealthful. The Forecast Stage has been replaced: (1) A 
Standby Watch Stage which will be triggered when the PSI reaches a 
level of 83 (i.e., monitored air quality concentrations reach 83 
percent of the applicable National Ambient Air Quality Standard 
(NAAQS); and (2) a Health Advisory Stage which will be treated whenever 
the PSI reaches a level of 100 (i.e., there is a monitored violation of 
the NAAQS). Maryland may also issue an SDS for situations where 
forecasted atmospheric stagnations are expected to last between 12 and 
36 hours. Maryland may also issue an ASA where atmospheric stagnations 
are expected to last more than 36 hours, and is required to make a 
public announcement within two hours of such declaration. (COMAR 
26.11.05.03B.(1)(c).)
    The revisions to COMAR 26.11.05 have a limited impact on the 
attainment and maintenance of standards. The purpose of emergency 
episode plans is to ensure that in the event of unhealthy air quality, 
there are SIP-enforceable provisions which can be activated so as to 
minimize the exacerbation of unhealthy air quality levels (i.e., air 
quality levels in excess of the NAAQS) through the activation of 
emergency control measures. The removal of the term ``refuse'' in the 
context of incineration is consistent with requirements prescribed in 
40 CFR part 51, appendix L regarding the curtailment of incinerator use 
when invoking air pollution emergency episode plans. The prescribed 
requirements in appendix L call for curtailment of all incinerator use 
regardless of the type of material being burned.
    The revised requirements which replace the Forecast Stage still 
conform with the triggering levels and lengths of air stagnation 
episodes prescribed in 40 CFR part 51, appendix L. In addition, the 
revised threshold levels for NO2, PM10, and ozone also 
conform with those prescribed in 40 CFR part 51, appendix L. Similarly, 
the removal of the COH threshold levels is also consistent with EPA's 
view that COH measurements do not reflect the best means of measuring 
combined SO2 and PM10 levels. Currently, there is no 
requirement in either 40 CFR part 51, subpart H or 40 CFR part 51, 
appendix L which requires States to have COH threshold levels in their 
respective air pollution emergency episode plans.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. This action will be effective June 13, 1994 
unless, by May 16, 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 documents. One document 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 June 13, 1994.

Final Action

    EPA is approving the amendments to COMAR 26.11.05 described above 
as a revision to the Maryland SIP. The Agency has also reviewed this 
SIP revision request for conformance with the provisions of the 1990 
amendments enacted on November 15, 1990, and 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 should 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 or 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.
    This action 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. A future document will 
inform the general public of these tables. On January 6, 1989, the 
Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP 
revisions (54 FR 2222) from the requirements of section 3 of Executive 
Order 12291 for a period of two years. The USEPA has submitted a 
request for a permanent waiver for Table 2 and 3 SIP revisions. The OMB 
has agreed to continue the waiver until such time as it rules on 
USEPA's request. This request continues in effect 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 [Insert date 60 days from 
date of publication]. 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 
regarding EPA's approval of revisions to Maryland's air pollution 
emerency episode requirements (COMAR 26.11.05) may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur Oxides.

    Dated: March 21, 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)(100) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (100) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on June 7, 1990 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of June 7, 1990 from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan.
    (B) The following revised regulations to COMAR 26.11.05 (Air 
Pollution Episode Plans), effective June 18, 1990: 26.11.05.01A., 
.01B., .01H., and .01J.; 26.11.05.02B., .02C.; 26.11.05.03A., 03B., 
03D.; 26.11.05.05A., 05B., 05C., and .05D. Deletion of the definition 
``coefficient of haze.''
    (ii) Additional material.
    (A) Remainder of the June 7, 1990 State submittal.
[FR Doc. 94-8964 Filed 4-13-94; 8:45 am]
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