Md. Code Regs. 26.11.05.05

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.11.05.05 - Control Requirements and Standby Orders

The following are standby orders which are hereby established according to specific action stages of the Air Pollution Episode System which may be deemed appropriate for use by the Secretary or the Governor upon the declaration that the specified stage has been reached. When announced by the Secretary or the Governor, through public communications media or otherwise, that the specified stage of the Air Pollution Episode System exists, the following respective actions shall be taken when requested in the geographical areas included in the episode announcement:

A. Standby Watch Stage and Health Advisory Stage. Specified open burning and all public insecticide and herbicide spraying shall cease, if so requested by the cognizant local government control officer in public announcements or otherwise.

B. Alert Stage.

(1) Open burning or public pesticide or herbicide spraying may not be carried on.

(2) All on-site incineration shall be eliminated.

(3) Any person responsible for a source of air pollution as set forth in Table I in Regulation .06 shall take all Alert Stage actions as required for the source of air pollution, and shall particularly put into effect the standby emission reduction plan for an Alert Stage. These persons shall prepare to put into effect the standby emission reduction plan for an air pollution Warning.

C. Warning Stage.

(1) Open burning or public pesticide or herbicide spraying may not be carried on.

(2) All incineration shall be eliminated.

(3) Any person responsible for a source of air pollution as set forth in Table II in Regulation .06 shall take all Warning Stage actions as required for the source of air pollution, and shall particularly put into effect the standby emission reduction plan for a Warning Stage. These persons shall prepare to put into effect the standby emission reduction plan for an air pollution Emergency.

D. Emergency Stage.

(1) The Governor shall announce that an air pollution Emergency has been declared and specify appropriate action to be taken. Radio and television stations shall be requested to repeat the declaration at least once per hour.

(2) Open burning or public pesticide or herbicide spraying may not be carried on.

(3) All incineration shall be eliminated.

(4) Any person responsible for the operation of a source of air pollution as set forth in Table III in Regulation .06 shall take all Emergency Stage actions as specified for the source of air pollution, and shall particularly put into effect the standby emission reduction plans for an air pollution Emergency stage.

(5) All manufacturing establishments except those included in §D(4) shall institute action that will eliminate or result in maximum reduction of emissions from their operations by ceasing, curtailing, or postponing operations which cause emissions, to the extent possible without causing injury to persons or damage to equipment.

(6) All places of business, employment, and education described below shall immediately cease operations, unless special permission is obtained from a police officer or a governmental public health agency:

(a) Mining and quarrying of nonmetallic materials;

(b) All contract construction work except that which must proceed to avoid physical harm, hazardous conditions, or excessive economic loss;

(c) Wholesale trade establishments, that is, places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional users, or to other wholesalers, or agents in buying merchandise for or selling merchandise to those persons or companies;

(d) All offices of federal, local, county, and State government, except to the extent that the offices must continue to operate in order to carry out the requirements of this plan, and those offices which provide essential services for maintenance of public health and safety;

(e) All retail trade establishments except pharmacies and stores primarily engaged in the sale of foods;

(f) Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchanges and services, offices or insurance carriers, agents, and brokers, real estate offices;

(g) Wholesale and retail laundries, laundry services and cleaning and drying establishments, photographic studios, beauty shops, barber shops, and shoe repair shops;

(h) Advertising offices, consumer credit reporting, adjustment and collection agencies, duplicating, addressing, blueprinting, photocopying, mailing list, and stenographic services, equipment rental services, garages;

(i) All wholesale and retail handling of gasoline;

(j) Establishments rendering amusement and recreation services including motion picture theaters;

(k) Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, public and private libraries;

(l) Others deemed necessary to protect the public health and welfare and as announced by the Governor.

(7) All aircraft shall be grounded with the exception of emergency flights.

(8) A person may not use a motor vehicle, with the exception of emergency and governmental vehicles. Persons will be allowed to return to their residences from work or locations other than their residences and to make other trips essential to protect health and safety.

(9) Rail, bus, and ship travel and all other forms of transportation shall be regulated and halted, where possible, and appropriate times for curtailing or ceasing operations allowed.

(10) Sources of pollution involved in military training, smoke school training, fire department training, rocket fuel testing, etc. shall be stopped.

(11) Every person shall do such acts or refrain from such acts as shall be specified in the Governor's declaration that an air pollution Emergency exists and as shall be specified in other announcements made or authorized by the Governor.

Md. Code Regs. 26.11.05.05

Regulation .05 amended effective June 18, 1990 (17:9 Md. R. 1092)