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PA Bulletin, Doc. No. 20-1002



Proposed Certification that the Commonwealth's Existing Nonattainment New Source Review Program Addresses the 2015 Ozone National Ambient Air Quality Standard State Implementation Plan Requirements Rule

[50 Pa.B. 3805]
[Saturday, July 25, 2020]

 The Commonwealth proposes to submit a State Implementation Plan (SIP) revision to the United States Environmental Protection Agency (EPA) to certify that the Commonwealth's previously approved Nonattainment New Source Review (NNSR) regulations in 25 Pa. Code §§ 121.1 and 127.201—127.218 (relating to definitions; and new source review) apply Statewide, cover the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area for the 2015 ozone National Ambient Air Quality Standards (NAAQS), and are sufficient for the purpose of meeting Federal requirements for the 2015 ozone NAAQS. After consideration of comments received, the Department of Environmental Protection (Department) will finalize and submit the SIP revision to the EPA for approval.

 For nonattainment areas, sections 172(c)(5), 173 and 182a (42 U.S.C.A. §§ 7502(c)(5), 7503 and 7511a) of the Clean Air Act (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 2015 ozone NAAQS are found at 40 CFR 51.165 (relating to permit requirements). The EPA previously approved a Commonwealth-wide NNSR SIP revision, which covered all Commonwealth nonattainment areas to meet the EPA's 2002 NSR Reform regulations published at 77 FR 28261 (May 14, 2012). For the 2015 ozone NAAQS, the NNSR plans or plan revisions for marginal nonattainment areas are due August 3, 2020, and the areas must be in attainment for the ozone NAAQS by August 3, 2021, which is 36 months after the effective date of the EPA's area designations for the 2015 ozone NAAQS published at 83 FR 25776.'' (June 4, 2018). The Commonwealth's certification of its existing NNSR program addresses the NNSR plan revision needed for the 2015 Ozone NAAQS.

 The proposed SIP revision and supporting documents are available on the Department's web site at or by contacting Amanda Rodriguez at or (717) 787-9702.

 In accordance with Governor Tom Wolf's emergency disaster declaration and based on advice from the Department of Health regarding the mitigation of the spread of the novel coronavirus (COVID-19), the Department will provide the opportunity for a virtual public hearing to receive comments on the proposed SIP revision on Thursday, August 27, 2020 at 1 p.m. This virtual public hearing will be accessible Statewide.

 Persons wishing to join the hearing may do so remotely. Information will be provided on the Bureau of Air Quality's webpage at

 Persons wishing to present testimony should contact Amanda Rodriguez, P.O. Box 8468, Harrisburg, PA 17105, or (717) 787-9702 to reserve a time. Verbal testimony is limited to 5 minutes per witness. Witnesses are requested to provide a written copy of his/her testimony by e-mail to or by mail to Amanda Rodriguez, P.O. Box 8468, Harrisburg, PA 17105.

 If by 12 p.m. on Monday, August 24, 2020, no person has expressed an interest in testifying at the hearing, the hearing will be cancelled. If the hearing is cancelled, the Department will provide public notice on the Bureau of Air Quality's webpage at Persons may also contact the Department to find out if the hearing is cancelled by contacting Amanda Rodriguez at or (717) 787-9702.

 Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact Amanda Rodriguez at (717) 787-9702 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) to discuss how the Department may accommodate their needs.

 The Department must receive comments no later than Friday, August 28, 2020. Comments, including comments submitted by e-mail, must include the commenter's name and address. Commenters 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 ''2015 Ozone NAAQS Certification SIP'' as the subject line in written communication.


[Pa.B. Doc. No. 20-1002. Filed for public inspection July 24, 2020, 9:00 a.m.]

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