Proposed State Implementation Plan Revision; Certification of the Commonwealth's Submittal of All Case-By-Case Reasonably Available Control Technology Determinations and Averaging Plans to the United States Environmental Protection Agency for the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standard; Virtual Public Hearing
[50 Pa.B. 1908]
[Saturday, March 28, 2020]
The Department of Environmental Protection (Department) is proposing to submit a State Implementation Plan (SIP) revision to the United States Environmental Protection Agency (EPA) as required under sections 172(c)(1) and 182(b)(2)(C) and (f) of the Clean Air Act (CAA) (42 U.S.C.A. §§ 7502(c)(1) and 7511a(b)(2) and (f)). This proposed SIP revision certifies that the Department has submitted all of the Commonwealth's case-by-case reasonably available control technology (RACT) permits to the EPA prior to May 9, 2020, consistent with the EPA's conditional SIP approval of certain provisions of the Commonwealth's RACT II rule. The EPA must issue full approval of the Commonwealth's RACT II rule as a SIP revision for the Commonwealth to satisfy its RACT obligations under the CAA and implementing rule for the 1997 and 2008 ozone National Ambient Air Quality Standard.
On April 23, 2016, the Environmental Quality Board promulgated a final rule entitled ''Additional RACT Requirements for Major Sources of NOx and VOCs'' at 46 Pa.B. 2036 (April 23, 2016) (RACT II Regulations), which the Department submitted to the EPA for approval as a revision to the Commonwealth's SIP. The EPA published a final rule on May 9, 2019, entitled ''Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Regulatory Amendments Addressing Reasonably Available Control Technology Under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards'' (see 84 FR 20274 (May 9, 2019)), conditionally approving certain provisions of the Commonwealth's RACT II Regulations (RACT II Conditional Approval). The RACT II Conditional Approval required the Commonwealth to submit all case-by-case RACT plans and determinations to the EPA by May 9, 2020 (see 84 FR 20274 and 20290).
The Department is proposing to certify that additional enforceable measures in the RACT permits submitted to the EPA resolve the requirements specified by the EPA in the RACT II Conditional Approval. Through this proposed SIP revision, the Department certifies that it has submitted, or will submit, the following on or before May 9, 2020:
1. All facility-wide or system-wide averaging plans approved by the Department under 25 Pa. Code § 129.98(relating to facility-wide or system-wide NOx emissions averaging plan general requirements) including but not limited to terms and conditions that ensure the enforceability of the averaging plan as a practical matter.
2. All source-specific RACT determinations approved by the Department under 25 Pa. Code § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule), including alternative compliance schedules approved under §§ 129.97(k) (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) and 129.99(i); the source-specific RACT determinations submitted to the EPA for approval into the SIP include terms and conditions to ensure the enforceability of the source-specific RACT emission limitation as a practical matter.
The proposed SIP revision includes a list of RACT permits containing additional enforceable measures in Table 1. ''Commonwealth of Pennsylvania Case-by-Case RACT Plans Submitted to EPA to Address Obligations of EPA's Conditional Approval Final Rule'' (see 84 FR 20274) at www.ahs.dep.pa.gov/eComment, is herein referred to as Table 1. Table 1 includes the Department Region No., the Permit/Plan Approval Number, the Facility Name, the Permit Issuance Date, the PA Bulletin Intent to Issue with 30-day Public Comment Period with the Date and Bulletin Page Number, and lastly the SIP Package Sent to the EPA for Final Approval Date.
The Philadelphia Air Management Services (AMS) and the Allegheny County Health Department (ACHD) are separate local air pollution control agencies. Each agency makes their own case-by-case RACT determinations and both will certify that the additional enforceable measures in the RACT plans they submitted to the EPA address the requirements of the EPA's RACT II Conditional Approval. The Department submitted RACT case-by-case SIP certifications on behalf of the ACHD for Allegheny County on or before May 9, 2020, and on behalf of the AMS for Philadelphia County on or before May 9, 2020. As part of this proposed SIP revision, the Department incorporates the Allegheny County and Philadelphia County RACT II SIP Certification submittals by reference to address the EPA's RACT II Conditional Approval. Upon submittal of this proposed SIP revision and supporting documentation for EPA's approval, the Commonwealth is concurrently seeking the EPA's full approval of its RACT II Regulations.
The Department is seeking public comment on this proposed SIP revision, certifying that the additional enforceable measures in the RACT permits submitted to the EPA address the requirements in the EPA's May 9, 2020, RACT II Conditional Approval. The Department is only taking comments on this proposed SIP revision and supporting documentation. This request for comment is not intended for permit-specific comments and the Department will not consider comments on any specific permit. Permits for individual facilities throughout this Commonwealth were already subject to an appropriate public comment period or are concurrently subject to an appropriate comment period that will close on or before this SIP certification comment period ends.
The proposed SIP revision is available on the Department's web site at www.ahs.dep.pa.gov/eComment or by contacting Amanda Rodriguez at email@example.com or (717) 787-9702.
In accordance with Governor Tom Wolf's emergency disaster declaration and based on advice from the Department of Health regarding the mitigation of the spread of the novel coronavirus (COVID-19), the Department will offer a virtual public hearing to receive comments on the proposed SIP revision on Tuesday, April 28, 2020, at 1 p.m. Persons wishing to join the hearing may do so remotely. Information will be provided on the Bureau of Air Quality's webpage at www.dep.pa.gov/Business/Air/BAQ/Pages/default.aspx.
Persons wishing to present testimony should contact Amanda Rodriguez, P.O. Box 8468, Harrisburg, PA 17105, firstname.lastname@example.org or (717) 787-9702 to reserve a time. Witnesses will be limited to 10 minutes and should provide two written copies of their testimony.
If by 12 p.m. on Friday, April 24, 2020, no person has expressed an interest in testifying at the hearing, the hearing will be cancelled. If the hearing is cancelled, the Department will provide public notice on the Bureau of Air Quality's webpage at www.dep.pa.gov/Business/Air/BAQ/Pages/default.aspx. Persons may also contact the Department to find out if the hearing is cancelled by contacting Amanda Rodriguez at email@example.com or (717) 787-9702.
Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact Amanda Rodriguez at (717) 787-9702 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) to discuss how the Department may accommodate their needs.
The Department must receive comments no later than Friday, May 1, 2020. Commentators are encouraged to submit comments using the Department's online eComment tool at www.ahs.dep.pa.gov/eComment or by e-mail to firstname.lastname@example.org. Written comments may be submitted by mail to the Policy Office, Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Use ''CTG RACT Certification SIP'' as the subject line in written communication.
[Pa.B. Doc. No. 20-461. Filed for public inspection March 27, 2020, 9:00 a.m.]
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