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PA Bulletin, Doc. No. 19-1325



Proposed State Implementation Plan Revision for Regional Haze; Best Available Retrofit Technology; Public Hearings

[49 Pa.B. 5065]
[Saturday, August 31, 2019]

 The Department of Environmental Protection (Department) is proposing to submit a State Implementation Plan (SIP) revision to the United States Environmental Protection Agency (EPA) to update to the Commonwealth's best available retrofit technology (BART) determinations. This proposed SIP revision is being submitted to satisfy the visibility and regional haze provisions of sections 169A and 169B of the Federal Clean Air Act (CAA) (42 U.S.C.A. §§ 7491 and 7492) and the Federal Regional Haze Rule in 40 CFR 51.308 (relating to regional haze program requirements).

 The Regional Haze Rule requires the Commonwealth to address regional haze in each mandatory Class I Federal area located outside this Commonwealth which may be affected by emissions from within this Commonwealth with the goal of restoring natural visibility conditions in those areas by 2064. A state's regional haze implementation plan must demonstrate reasonable progress toward achieving natural visibility conditions to Class I Federal areas. The Regional Haze Rule further requires that SIPs address emission limitations and compliance schedules for BART-eligible sources to demonstrate emission reductions and visibility improvement. The EPA issued ''Regional Haze Regulations and Guidelines for Best Available Retrofit Technology (BART) Determinations'' at 70 FR 39104 (July 6, 2005) for states to consult when conducting their regional haze BART analyses.

 The Commonwealth's ''Revision to the State Implementation Plan for Regional Haze'' (2010 Regional Haze SIP revision) received limited approval by the EPA (see 77 FR 41279 (July 13, 2012)), which the agency amended (see 77 FR 48061 (on August 13, 2012)). The EPA then reissued limited approval (see 79 FR 24340 (April 30, 2014)), which included approval of the Department's BART analyses. The EPA's limited approval was challenged in National Parks Conservation Ass'n et al. v. United States Environmental Protection Agency, 803 F.3d 151 (3d. Cir. 2015).

 This proposed SIP revision addresses that case. Specifically, the Court partially vacated the EPA's April 30, 2014 reissuance of its limited approval of the Commonwealth's 2010 Regional Haze SIP revision to the extent that the EPA approved the Commonwealth's source-specific BART analyses. 803 F.3d at 167. The Court concluded that the EPA arbitrarily approved the Commonwealth's SIP given what it characterized as multiple flaws in the Commonwealth's BART analyses. The Court wrote that the EPA did not provide a sufficient explanation as to why it overlooked these problems and approved the Commonwealth's SIP revision. The Court remanded this matter to the EPA and required the agency to demonstrate its work.

 The Department is concurrently sending a letter to the EPA requesting a withdrawal of the BART determinations in sections 8.5 and 8.6 of the Commonwealth's 2010 Regional Haze SIP revision, as well as the Department's BART review memos in Appendix J of the Commonwealth's 2010 Regional Haze SIP revision.

 Although the Department is requesting the withdrawal of the BART determinations and the accompanying memos included in the Commonwealth's 2010 Regional Haze SIP revision, the permit conditions and consent decrees for these sources remain effective and enforceable and continue to yield the same emission reductions. Many sources within this Commonwealth have committed to install, and have installed, controls through several mechanisms, including Federally enforceable permits, and State and Federal consent agreements. In addition to the control measures detailed in the Commonwealth's 2010 Regional Haze SIP revision, additional regulations have been adopted and actions have been taken by the Department that will reduce visibility impairing pollutants in Class I Federal areas. Also, several large electric generating units have announced plans to shut down, deactivate sources or curtail emissions by adding dual-fire capacity or converting to natural gas, which will lead to additional significant reductions in sulfer dioxide emissions. While these changes are not discussed in detail in this SIP revision, they are the focus of Pennsylvania's Regional Haze 5-Year Progress Report, which is being sent to the EPA as a separate SIP revision.

 The Regional Haze Rule requires states to consult with the Federal Land Managers (FLMs) at least 60 days prior to the scheduled public hearing on the proposed Regional Haze SIP revision. Section 169A(d) of the CAA requires states to include a summary of the conclusions and recommendations of the FLMs in the notice to the public. The following FLMs provided comments to the Department: the United States National Park Service and the United States Department of Agriculture's Forest Service. The United States Department of Interior's Fish and Wildlife Service did not submit any comments. A summary of the comments submitted by the FLMs, and the Department's responses, is available in Appendix E of the proposed Regional Haze SIP revision.

 This proposed SIP revision and appendices are available on the Department's web site at

 The Department will provide the opportunity for three public hearings to receive comments on this proposed SIP revision as follows:

 • October 2, 2019, at 10 a.m. at the Department's Southwest Regional Office, Waterfront Conference Room A, 400 Waterfront Drive, Pittsburgh, PA.

 • October 3, 2019, at 10 a.m. at the Department's Rachel Carson State Office Building, 12th Floor Conference Room, 400 Market Street, Harrisburg, PA.

 • October 3, 2019, at 1 p.m. at the Department's Southeast Regional Office, Delaware River Conference Room, 2 East Main Street, Norristown, PA.

 Persons wishing to present testimony should contact Amanda Rodriguez, P.O. Box 8468, Harrisburg, PA 17105, (717) 787-9702 or to reserve a time. Witnesses will be limited to 10 minutes and should provide two written copies of their comments.

 If by noon on Monday, September 30, 2019, no person has expressed an interest in testifying at the hearing, the hearing will be cancelled. The Department will provide public notice on the Bureau of Air Quality webpage at if the hearing is cancelled. Persons may also con- tact Amanda Rodriguez at or (717) 787-9702 to find out if the 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 Amanda Rodriguez at the previously listed information. TDD users may contact the Pennsylvania AT&T Relay Service at (800) 654-5984 or (800) 654-5988 (voice users) to discuss how the Department can best accommodate their needs.

 The Department must receive comments no later than October 3, 2019. Commentators are encouraged to submit comments using the Department's online eComment tool at or by e-mail to Written comments can be mailed to the Policy Office, Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Use ''Regional Haze BART'' as the subject line in written communication.


[Pa.B. Doc. No. 19-1325. Filed for public inspection August 30, 2019, 9:00 a.m.]

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