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PA Bulletin, Doc. No. 05-1483


Incentives Available Under EPA's National Environmental Performance Track Program

[35 Pa.B. 4367]

   The Department of Environmental Protection (Department) announces the availability of incentives under the United States Environmental Protection Agency's (EPA) National Environmental Performance Track (NEPT) program. The air and waste incentives announced at 69 FR 21737 (April 22, 2004) are available for qualified facilities.

   The EPA's April 22, 2004, final rulemaking revised the Resource Conservation and Recovery Act (RCRA) regulations to allow hazardous waste generators who are members of NEPT up to 180 days, and in some cases 270 days, to accumulate their hazardous waste without a RCRA permit or interim status. The EPA also simplified the reporting requirements for facilities that are members of Performance Track and governed by the Maximum Achievable Control Technology (MACT) provisions of the Clean Air Act (CAA). These changes serve as incentives for facility membership in NEPT while ensuring the current level of environmental protection provided by the relevant RCRA and MACT provisions. These incentives are applicable exclusively to member facilities of NEPT and include the following:

   *  Allowing large quantity hazardous waste generators who are NEPT members up to 180 days, and 270 days if the waste must be transported 200 miles or more, to accumulate hazardous waste without a RCRA permit or interim status. The Federal regulation for the extended storage of hazardous waste for NEPT members is found at 40 CFR 262.34(j), (k) and (l) (relating to accumulation time). The Commonwealth regulations incorporate these provisions by reference in 25 Pa. Code § 262a.10 (relating to incorporation by reference, purpose, scope and applicability). Generators that choose to take advantage of this incentive must give prior notice to the authorized state agency of their intent to accumulate hazardous waste in excess of 90 days. Information about the RCRA provisions of the NEPT, and the notification form that generators must complete, are available on the EPA's website at

   Questions concerning the RCRA provisions of the NEPT should be directed to D. Richard Shipman, Chief, Division of Hazardous Waste, (717) 787-6239,

   *  Reducing the frequency of reports required under the MACT provisions of the CAA, and in some cases submitting an annual certification in lieu of an annual report. The modification of these reporting requirements applies to any major source at a NEPT member facility subject to a MACT and which has reduced its total hazardous air pollutant (HAP) emissions to less than 25 tons per year, reduced its emissions of each individual HAP to less than 10 tons per year and reduced emissions of all HAPs covered by each MACT standard to at least the level of full compliance with the applicable standard. The reduced reporting requirements are found in 40 CFR 63.16 (relating to performance track provisions) and are incorporated by reference under section 6.6(c) of the Air Pollution Control Act (35 P. S. § 4006.6(c)) and under this act's implementing regulations at 25 Pa. Code § 127.35(b) (relating to maximum achievable control technology standards for hazardous air pollutants). NEPT facilities in this Commonwealth have already begun to take advantage of this incentive covered under the April 24, 2004, rule.

   Questions concerning the MACT provisions of the NEPT should be directed to Baldev Kohli, Air Pollution Control Engineer, Bureau of Air Quality, (717) 772-3974,


[Pa.B. Doc. No. 05-1483. Filed for public inspection August 5, 2005, 9:00 a.m.]

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