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

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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