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PA Bulletin, Doc. No. 09-1198


Measures Under Consideration by the Ozone Transport Commission; Public Meetings and Comment Period

[39 Pa.B. 3363]
[Saturday, July 4, 2009]

   The Department of Environmental Protection (Department) is seeking comments on potential control measures under consideration by the Ozone Transport Commission (OTC). The Department has scheduled three public meetings to present an overview of the Federal Clean Air Act (CAA) requirements, the need for Pennsylvania to adopt additional measures for the achievement and maintenance of the ozone and fine particulate standards, and the potential control measures under consideration by the OTC. The Department will also be accepting public comments for 30 days, consistent with the requirements of section 7.4 of the Pennsylvania Air Pollution Control Act (35 P. S. § 4007.4).

   The OTC is a multi-state organization created under the CAA that is responsible for advising the United States Environmental Protection Agency (EPA) on pollution transport issues and for developing and implementing regional solutions to the ground-level ozone problem in the Northeast and Mid-Atlantic regions. The Commonwealth is a member of the OTC. The OTC intends to take action on the adoption of a model rule for control of emissions from automobile repair and refinishing; therefore, the Department is asking for comment on this model rule. The OTC may also take action at its November 2009 meeting to approve a list of stationary and area control measures for evaluation by the organization and eventual consideration for adoption by its member states.

   The EPA has the responsibility to establish National Ambient Air Quality Standards (NAAQS) to protect human health and the environment. When the EPA establishes a NAAQS, States must submit State Implementation Plans (SIPs) to demonstrate attainment of the NAAQS in a timely fashion. In October 2006, the EPA promulgated a revised fine particulate standard and, in March 2008, a revised ozone standard. This Commonwealth is likely to have a number of areas that do not meet these revised standards, so the Department will likely have to submit SIPs to EPA to meet the Commonwealth's CAA obligations. Pennsylvania will work cooperatively with OTC and other regional organizations to develop cost-effective strategies for attaining the NAAQS and to develop the necessary air quality attainment demonstrations.

   OTC has adopted resolutions setting forth the process and schedules for developing these strategies and attainment demonstrations, including work by modeling, stationary and area source, and modeling committees. The OTC held a public meeting for stakeholders on February 4, 2009, on potential control measures and intends to continue consultation with stakeholders as it develops its inventory, modeling and potential control measures. The resolutions, materials describing the potential control measures, and the text of the model motor vehicle and mobile equipment refinishing and recoating rule can be found on the Department's web site at www.depweb., choose Air Quality. Additional materials can be found at the OTC web site,, choose ''Meetings.''

   Potential Federal and State control measures are being discussed from stationary and area sources to help achieve and maintain the ozone and fine particulate NAAQS, including the following:

   *  Additional reductions of volatile organic compound (VOC) emissions from motor vehicle and mobile equipment refinishing and recoating (model rule available)

   *  Additional controls on boilers serving electric generating units

   *  Controls based on ultra-low nitrogen oxides burners for natural gas boilers

   *  Additional controls on municipal waste incinerators

   *  Stationary distributed generator regulation

   *  Additional reductions of VOC emissions from:

      *  architectural and industrial maintenance coatings

      *  solvents and degreasers

      *  gasoline refueling stations

      *  large gasoline storage tanks

   The OTC is also evaluating and quantifying the emission effects of a number of Federal, regional and state mobile source sector measures. For information on these measures, see the papers posted for the OTC February 4, 2009, stakeholders meeting.

   Adoption by the OTC of any of these measures as a model rule, or agreement by any state to consider promulgation of any of these measures as a state regulation, is not a Pennsylvania rulemaking. Any control measure considered by Pennsylvania for promulgation as a state regulation would be subject to the Commonwealth's notice and comment rulemaking process under sections 201 and 202 of the act of July 31, 1968 (45 P. S. §§ 1201 and 1202) known as the Commonwealth Documents Law, the Regulatory Review Act (71 P. S. §§ 745.1--745.12) and Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).

   The public meetings will be held as follows:

August 11, 2009, 1 p.m., Waterfront A,
DEP Southwest Regional Office,
400 Waterfront Drive, Pittsburgh, PA.

August 12, 2009, 1 p.m., Susquehanna A,
DEP Southcentral Regional Office,
909 Elmerton Avenue, Harrisburg, PA.

August 13, 2009, 1 p.m., Delaware River Room,
Southeast Regional Office,
2 East Main Street, Norristown, PA 19401

   Written comments should be sent by August 14, 2009, to Arleen Shulman, Chief, Division of Air Resource Management, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468 or The Department will consider and retain all comments, but will not prepare a comment and response document.

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


[Pa.B. Doc. No. 09-1198. Filed for public inspection July 2, 2009, 9:00 a.m.]

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