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

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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