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PA Bulletin, Doc. No. 17-1171


Proposed Certification that the Commonwealth's Existing Emission Statement Program and Nonattainment New Source Review Program Addresses the 2008 Ozone National Ambient Air Quality Standard State Implementation Plan SIP Requirements Rule

[47 Pa.B. 3921]
[Saturday, July 15, 2017]

 The Commonwealth is proposing to submit a State Implementation Plan (SIP) revision to the United States Environmental Protection Agency (EPA) to certify that the Commonwealth's existing Federally-approved Statewide Emission Statement Program in 25 Pa. Code Chapter 135 (relating to reporting of sources) and its existing Nonattainment New Source Review (NNSR) Program in 25 Pa. Code §§ 121.1 and 127.201—127.218 (relating to defintions; and new source review), covering the Allentown-Bethlehem-Easton, PA; Lancaster, PA; Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE; Pittsburgh-Beaver Valley, PA; and Reading, PA nonattainment areas for the 2008 ozone National Ambient Air Quality Standard (NAAQS) meet the Federal requirements under the 2008 ozone NAAQS. The Commonwealth's existing NNSR Program is at least as stringent as the requirements at 40 CFR 51.165 (relating to permit requirements) for ozone and its precursors, as amended in the final rule published at 80 FR 12264 (March 6, 2015). After consideration of comments received, the Department of Environmental Protection (Department) will finalize and submit the SIP revision to the EPA for approval.

 Section 182(a)(3)(B) of the Clean Air Act (CAA) (42 U.S.C.A. § 7511a(a)(3)(B)) requires states to develop emission reporting programs, called emission statement programs, for volatile organic compounds and nitrous oxides. The required state program and associated regulation define how states obtain emissions data directly from facilities and report it to the EPA. The Commonwealth's previously approved emission statement rule in force for the 1997 ozone NAAQS and the 1-hour ozone NAAQS covers all portions of the nonattainment areas for the 2008 ozone NAAQS, and is sufficient for purposes of the emissions statement requirement for the 2008 ozone NAAQS. The EPA previously approved the Commonwealth's Statewide Emission Statement Program, which meets the requirements under section 182(a)(3)(B) of the CAA at 60 FR 2881 (January 12, 1995). No further changes are necessary to the emission statement program requirements to comply with the 2008 Ozone NAAQS.

 For nonattainment areas, sections 172(c)(5) and 173 of the CAA (42 U.S.C.A. §§ 7502(c)(5) and 7503) and section 182(a) of the CAA require states to submit NNSR plans or plan revisions no later than 36 months after the effective date of area designations for the NAAQS. NNSR requirements for the 2008 ozone NAAQS are in 40 CFR 51.165. The EPA previously approved a Common- wealth-wide NNSR SIP revision, which covered all nonattainment areas in this Commonwealth for the 2008 ozone NAAQS on May 12, 2012. See 77 FR 28261 (May 14, 2012). For the 2008 ozone NAAQS, the NNSR plans or plan revisions were due July 20, 2015. The Commonwealth's certification of its existing NNSR Program addresses the NNSR plan revision required for the 2008 Ozone NAAQS. The NNSR certification SIP-revision is also being made in response to the EPA's February 3, 2017, 2008 Ozone Findings of Failure to Submit State Implementation Plan Submittals for the 2008 Ozone NAAQS. See 82 FR 9158 (February 3, 2017).

 The proposed SIP revision and supporting documents are available on the Department's web site at or by contacting Roma Monteiro at (717) 787-9495 or

 The Department will hold three public hearings to receive comments on the proposal.

 The hearings will be held as follows:

August 16, 2017
1 p.m.
Department of Environmental Protection
Southwest Regional Office
Waterfront A Conference Room
400 Waterfront Drive
Pittsburgh, PA 15222-4745

August 16, 2017
1 p.m.
Department of Environmental Protection
Southeast Regional Office
Schuylkill River Conference Room
2 East Main Street
Norristown, PA 19401

August 17, 2017
1 p.m.
Department of Environmental Protection
Southcentral Regional Office
Susquehanna Conference Room
909 Elmerton Avenue
Harrisburg, PA 17110

 Persons wishing to present testimony should contact Roma Monteiro, P.O. Box 8468, Harrisburg, PA 17105, (717) 787-9495 or to reserve a time. Speakers will be limited to 5 minutes and should provide two written copies of their comments.

 If no person has expressed an interest in testifying at a hearing 2 days prior to the date of the scheduled hearing, the hearing will be cancelled. The Department will provide public notice on the Bureau of Air Quality webpage at (select ''Businesses,'' then ''Air,'' then ''Bureau of Air Quality'') if the hearing is cancelled. Persons may also contact Roma Monteiro at (717) 787-9495 or to find out if a hearing is cancelled.

 Persons with a disability who wish to attend a hearing and require an auxiliary aid, service or other accommodation to participate in the proceeding should contact Roma Monteiro at (717) 787-9495 or TDD users may contact the Pennsylvania 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 August 18, 2017. Commentators are encouraged to submit comments using the Department's eComment system at or by e-mail to Written comments can be submitted to the Policy Office, Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Use ''Certification of Pennsylvania's Existing Emission Statement and Existing NNSR Program'' as the subject line in written communication.


[Pa.B. Doc. No. 17-1171. Filed for public inspection July 14, 2017, 9:00 a.m.]

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