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PA Bulletin, Doc. No. 22-697



Recommended Strategies for the Reduction of Oxides of Nitrogen Emission from Municipal Waste Combustors under Consideration by the Ozone Transport Commission; Public Comment Period

[52 Pa.B. 2917]
[Saturday, May 14, 2022]

 The Department of Environmental Protection (Department) is seeking comments on control measures under consideration by the Ozone Transport Commission (Commission) for regional and National recommendations to reduce oxides of nitrogen (NOx) emissions from municipal waste combustors (MWC). This public comment period is consistent with section 7.4 of the Air Pollution Control Act (APCA) (35 P.S. § 4007.4), which requires an opportunity for public review and comment on recommendations for additional control measures prior to final action by the Commission.

 As a multistate organization created by Congress under sections 176A and 184 of the Clean Air Act (42 U.S.C.A. §§ 7506a and 7511c), the Commission is authorized to develop recommendations for additional control measures to mitigate the transport of ozone and its precursors (NOx and Volatile Organic Compounds) in the Ozone Transport Region (OTR) established by operation of law. In addition to the Commonwealth, the OTR is comprised of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, northern Virginia and the District of Columbia.

 The Commission issued a charge to the Stationary and Area Source Committee to identify sectors that are significant sources of NOx emissions in the OTR. Municipal waste combustors were identified, investigated and found to have cost effective additional control technologies. The Commission has undertaken a stakeholder participation process to obtain input and comment from interested parties in developing recommendations on measures for MWC to reduce NOx emissions. Upon completion of the stakeholder participation process, the Commission drafted a Memorandum of Understanding (MOU) containing the recommendations on MWC NOx emission reduction measures for consideration by the Commission membership. The Commission is scheduled to consider final action on the draft MOU during its annual meetings on June 1 and June 2, 2022. The adoption of an MOU, resolution or other action commits a signatory state to pursue the adoption and implementation of control measures, which include:

 • NOx emission limits in parts per million by volume, dry basis.

 • NOx emission limit averaging times.

 • Updated presumptive Reasonably Available Control Technology (RACT) standards for MWC.

 • Updating facility-specific RACT standards for MWC.

 The Commission held stakeholder meetings on December 14, 2021, January 19, 2022, and March 8, 2022, to accept comments on specific measures which were presented in a report titled Municipal Waste Combustor Workgroup Report available on the Commission web site at The response to comment document can be found on the Commission web site at comments%20on%20MWC%20report%20and%20OTC%20responses%203_7_22.pdf. The Department has reviewed stakeholder comments submitted to the Commission on the proposed measures. Meeting materials describing the potential control measures can be found on the Commission web site. Other meeting materials are available online at

 Interested persons can submit written comments through Sunday, May 29, 2022. Commentators are encouraged to submit comments using the Department's online eComment system at Written comments can be submitted by e-mail to or by mail to the Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Comments, including comments submitted by e-mail, must include the commentator's name and address. Comments submitted by facsimile will not be accepted. The Department will consider and retain all comments but will not prepare a comment and response document.

 Under section 7.4(b) of the APCA, a final action by the Commission and the Commonwealth's representatives to adopt any measures to control NOx from MWCs commits a signatory state to pursuing legislative, regulatory or administrative action to implement the control strategies. Control measure rulemakings proposed for promulgation in this Commonwealth under the APCA would be subject to the Commonwealth's notice and comment rulemaking process under the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1102—1208), referred to as the Commonwealth Documents Law, the Regulatory Review Act (71 P.S. §§ 745.1—745.14) and the Commonwealth Attorneys Act (71 P.S. §§ 732-101—732-506).


[Pa.B. Doc. No. 22-697. Filed for public inspection May 13, 2022, 9:00 a.m.]

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