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PA Bulletin, Doc. No. 04-566


Delegation of Authority to Implement and Enforce the Federal Plan for Existing Commercial and Industrial Solid Waste Incineration Units in this Commonwealth (Excluding Philadelphia and Allegheny Counties)

[34 Pa.B. 1854]

   On December 1, 2000, under sections 111 and 129 of the 1990 Clean Air Act Amendments, the United States Environmental Protection Agency (EPA) promulgated standards for new commercial and industrial solid waste incineration (CISWI) units in 40 CFR Part 60, Subpart CCCC and emission guidelines in 40 CFR Part 60, Subpart DDDD for ''existing'' designated CISWI units to control the emissions of designated pollutants (see 65 Federal Register 75338, December 1, 2000). The designated pollutants regulated under the guidelines include:  particulate matter; metals (cadmium, lead and mercury); acid gases (sulfur dioxide, hydrogen chloride and nitrogen oxides); organic compounds (dioxins and furans); and carbon monoxide. As required under 40 CFR 60.23(a), states must submit a Section 111(d)/129 State Plan for existing CISWI units to the EPA within 12 months after publication of the final emission guidelines to implement and enforce the 40 CFR Part 60, Subpart DDDD requirements or seek delegation of the Federal Plan for CISWI units. Consequently, the Department of Environmental Protection (Department) needed to develop and submit a State Plan for existing CISWI units to the EPA by December 3, 2001, or seek delegation when the Federal Plan requirements for CISWI units were promulgated The Department decided not to develop a State Plan for CISWI units, but to seek Federal Plan delegation when the Federal Plan requirements were promulgated.

   On October 3, 2003, the EPA finalized the Federal Plan requirements for CISWI units constructed on or before November 30, 1999. The Department therefore intends to seek delegation of authority from the EPA to implement and enforce the Federal Plan requirements in 40 CFR Part 62, Subpart III for existing CISWI units.

   The existing CISWI units must be in compliance as per the schedule specified in the Federal Plan requirements for CISWI units. In this Commonwealth, excluding Allegheny and Philadelphia Counties, at least 19 existing CISWI units may be subject to the Federal Plan requirements specified in 40 CFR Part 62, Subpart III. Philadelphia County is excluded from these requirements because no affected CISWI units are currently in Philadelphia County. CISWI units in Allegheny County are applicable to the Federal Plan requirements. However, Allegheny County seeks its own separate delegation authority from the EPA.

   Persons interested in obtaining additional information regarding this delegation request should contact John Slade, Chief, Division of Permits, (717) 787-9256,


[Pa.B. Doc. No. 04-566. Filed for public inspection April 2, 2004, 9:00 a.m.]

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