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PA Bulletin, Doc. No. 07-1714


Proposed Revisions to Pennsylvania's State Implementation Plan

[37 Pa.B. 5089]
[Saturday, September 15, 2007]

   Section 110 of the Federal Clean Air Act (CAA) requires states to develop State Implementation Plans (SIP) and programs to meet the National Ambient Air Quality Standards (NAAQS) established by the United States Environmental Protection Agency (EPA) to protect public health and welfare. Section 110 of the CAA sets forth general elements for the implementation of SIPs. Section 110(a)(2) of the CAA requires states to submit SIP revisions to the Environmental Protection Agency (EPA) Administrator that provide for implementation, maintenance and enforcement of the NAAQS.

   The Department of Environmental Protection (Department) is seeking comment on the following: (1) a SIP revision that confirms the Commonwealth's compliance with section 110(a)(2)(A)--(M) of the CAA (42 U.S.C.A. §§ 7410(a)(2)(A)--(M)) pertaining to general responsibilities; and (2) a SIP revision meeting the interstate transport requirements of section 110(a)(2)(D)(i) of the CAA (42 U.S.C.A. §§ 7410(a)(2)(D)(i)).

   The first SIP revision for which the Department of Environmental Protection (Department) is seeking public comment addresses the requirements of section 110(a)(2)(A)--(M) of the CAA, the ''Infrastructure SIP,'' which is a compilation of elements that demonstrate how the Commonwealth will demonstrate how the 8-hour ozone and fine particulate (PM2.5) NAAQS are being implemented, maintained and enforced. The elements of the ''Infrastructure SIP'' revision, once approved by EPA, will provide a Federally enforceable written confirmation of how the Commonwealth will continue to comply with the section 110(a)(2) requirements of the CAA.

   In July 1997, the EPA promulgated 8-hour ozone and PM2.5 NAAQS. Section 110(a)(1) of the CAA requires states to submit to the EPA Administrator a plan within 3 years after the promulgation of NAAQS a SIP revision, which provides for the implementation, maintenance and enforcement of the NAAQS. Implementation of the standards was delayed, however, due to subsequent litigation. On March 10, 2005, the EPA entered into a Consent Decree with the Environmental Defense Fund and the American Lung Association to address Section 110 SIP requirements. Subsequently, the EPA published a ''Finding of Failure To Submit Section 110 State Implementation Plans for Interstate Transport for the National Ambient Air Quality Standards for 8-Hour Ozone and PM2.5'' at 70 FR 21147 (April 25, 2005). The EPA's finding effectively started a 24-month clock for the EPA to either issue a final Federal Implementation Plan to address the requirements of section 110(a)(2)(D)(i), (42 U.S.C.A. § 7410(a)(2)(D)(i)), or to approve a SIP revision addressing the interstate transport requirements.

   The second SIP revision for which the Department is seeking comment addresses the interstate transport requirements of section 110(a)(2)(D)(i) of the CAA. This provision requires that States' SIPs contain adequate provisions prohibiting any source or any other type of emissions activity within the State from emitting any air pollutant in amounts that will contribute significantly to nonattainment in another State. Each SIP must also contain adequate provisions to prohibit air pollutant emissions within the State from interfering with measures required to prevent significant deterioration of air quality or to protect visibility in another State.

   The proposed section 110(a)(2) SIP revisions are available on the Department's website at www.depweb. (choose Air Plans) or through the contact persons listed. The Department will hold a public hearing to receive comments on the proposals on Tuesday, October 16, 2007, at 1 p.m. at the Department of Environmental Protection Southcentral Regional Office, 909 Elmerton Avenue, Susquehanna Room A, Harrisburg, PA 17110.

   Persons wishing to present testimony at the hearing on the proposed SIP revisions should contact Yvette House, P. O. Box 8468, Harrisburg, PA 17105, (717) 787-9495, or to reserve a time. Persons who do not reserve a time will be able to testify as time allows. Witnesses should limit testimony to 10 minutes and provide the Department with two written copies of their statement at the hearing.

   Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceeding should contact Yvette House at or (717) 787-9495. TDD users may contact the AT&T Relay Service at (800) 654-5984 to discuss how the Department can best accommodate their needs.

   The Department must receive comments no later than October 16, 2007. Written comments should be sent to the attention of Arleen Shulman, Division of Air Resource Management, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468, or


[Pa.B. Doc. No. 07-1714. Filed for public inspection September 14, 2007, 9:00 a.m.]

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