Air programs; State authority delegations: Pennsylvania,
[Federal Register: May 21, 1998 (Volume 63, Number 98)]
[Notices]
[Page 27955-27957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my98-92]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5990-3 ]
Delegation of National Emission Standards for Hazardous Air Pollutants; Pennsylvania
AGENCY: Environmental Protection Agency (EPA).
ACTION: Information notice.
SUMMARY: The purpose of this notice is to announce that on January 5, 1998, EPA granted the Commonwealth of Pennsylvania's request for partial delegation of the National Emission Standards for Hazardous Air Pollutants (NESHAPs), and associated infrastructure programs. This request for partial delegation of authority only pertains to affected sources of hazardous air pollutants (HAPs), for all source categories which are located at major sources. EPA granted the delegation with certain restrictions. The restrictions involve EPA's retainment of certain authorities including: implementation and enforcement of standards that control radionuclides or that apply to an area source which is not located at a major source, implementation and enforcement of an accidental release program, approvals of alternative means of limiting emissions, alternative control technologies, alternative test methods, alternative monitoring methods; and the authority to make certain applicability determinations. In addition, certain provisions will be delegated only on a case-by-case basis and require notification by the Pennsylvania Department of Environmental Protection (PADEP) to EPA. These provisions include: approvals of compliance extensions, site-specific test plans, performance evaluation plans; approvals of minor alternatives to test methods, monitoring, and shorter sampling times/volumes; and waivers of performance testing and record keeping.
EFFECTIVE DATES: The effective date of the delegation authority is January 5, 1998.
ADDRESSES: Copies of the requests for delegation of authority and EPA's letters of delegation are available for public inspection at EPA's Region III Office, 841 Chestnut Bldg., Philadelphia, PA 19107; PADEP's Central Office, the PADEP regional offices, the Allegheny County Bureau of Air Pollution Control office and the Philadelphia Air Management Services office during normal business hours. The addresses of these offices are provided below. Effective immediately, all notifications,
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requests, applications, reports and other correspondence required pursuant to 40 CFR part 63 for major sources, as defined in 40 CFR part 70, to be sent to the Administrator should be submitted to EPA Region III office and, with respect to sources located in listed counties, to the following addresses. Although, by this delegation, PADEP is the sole agency authorized to implement and enforce the 40 CFR part 63 standards, Allegheny County Bureau of Air Pollution Control and Philadelphia Air Management Services will serve as agents to PADEP for the receipt of all notifications, requests, applications, reports and other correspondence required pursuant to 40 CFR part 63 for major sources, as defined in 40 CFR part 70 for Allegheny County and Philadelphia County, respectively. Allegheny County Bureau of Air Pollution Control and Philadelphia Air Management Services will notify PADEP's Central Office of the receipt of this information for proper implementation and enforcement.
PADEP Central Office--Rachel Carson State Office Building, 400 Market Street, 12th Floor, Harrisburg, PA 17105-8468, Telephone: 717-787-9702, Contact: Permit Chief PADEP Region I-Southeast Regional Office, Lee Park--Suite 6010, 555 North Lane, Conshohocken, PA 19428, Telephone: 610-832-6242,Contact: Program Manager Counties: Bucks, Chester, Delaware, Montgomery PADEP Region II-Northeast Regional Office, Two Public Square, Wilkes- Barre, PA 18711-0790, Telephone: 717-826-253, Contact: Program Manager, Counties: Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne, Wyoming PADEP Region III-Southcentral Regional Office, One Ararat Boulevard, Harrisburg, PA 17110, Telephone: 717-657-4587, Contact: Program Manager, Counties: Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry, York PADEP Region IV-Northcentral Regional Office, 208 West 3rd Street, Suite 101, Williamsport, PA 17701, Telephone: 717-327-3637, Contact: Program Manager Counties: Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union PADEP Region V-Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Telephone 412-442-4174, Contact: Program Manager, Counties: Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington, Westmoreland PADEP Region VI-Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335-3481, Telephone 814-332-6940, Contact: Program Manager, Counties: Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango, Warren Allegheny County--Allegheny County Health Department, Plan Review Section, Bureau of Air Pollution Control, 301 39th Street, Pittsburgh, PA 15201, Telephone 412-578-8111 Philadelphia County--Department of Public Health, Air Management Services, 321 University Avenue, Spelman Building, Philadelphia, PA 19104, Telephone 215-823-7584
FOR FURTHER INFORMATION CONTACT: Dianne J. Walker, Permit and Technical Assessment Section (3AP11), Air Protection Division, EPA Region III, 841 Chestnut Street, Philadelphia, PA 19107, Telephone: 215-566-3297.
SUPPLEMENTARY INFORMATION: Section 112(l) of the Clean Air Act, as amended November 15, 1990, and 40 CFR part 63, subpart E, authorizes EPA to delegate authority to any state agency which submits adequate regulatory procedures for implementation and enforcement of emission standards of hazardous air pollutants.
On February 13, 1996, the Pennsylvania Department of Environmental Protection (PADEP) requested partial delegation of authority to implement and enforce the National Emission Standards for Hazardous Air Pollutants (NESHAPs) and associated infrastructure programs, pursuant to section 112 of the Clean Air Act (CAA), as set forth in 40 CFR part 63. This request was made in the CAA Title V Operating Permits Program Implementation Agreement which was negotiated between PADEP and EPA. This request for partial delegation of authority only pertains to affected sources of hazardous air pollutants (HAPs), as defined in 40 CFR part 63, for all source categories which are located at major sources, as defined in 40 CFR part 70.
On July 30, 1996, EPA approved PADEP's Title V Operating Permits Program. Requirements for approval, specified in 40 CFR 70.4(b), encompass CAA section 112(l)(5) requirements for approval of a program for delegation of CAA section 112 standards as promulgated by EPA as they apply to 40 CFR part 70 sources. Section 112(l)(5) requires that the State's program contain adequate authorities, adequate resources for implementation and an expeditious compliance schedule for enforcing standards, which are also requirements under 40 CFR part 70. Therefore, as part of the Title V Operating Permits Program approval, EPA also promulgated full approval under CAA section 112(l)(5) and 40 CFR 63.91 of the State's program for receiving delegation of the CAA section 112 standards that are unchanged from Federal standards as promulgated in 40 CFR part 63. This program for delegation only applies to sources covered by the 40 CFR part 70 program.
On January 5, 1998, the Environmental Protection Agency granted the request for partial delegation with certain restrictions. The following authorities will be retained by EPA Region III: (1) implementation and enforcement of standards that control radionuclides (40 CFR 63.12(b)(1)); (2) implementation and enforcement of standards that apply to an area source, as defined in 40 CFR 63.2, which is not located at a major source, as defined in 40 CFR part 70; (3) implementation and enforcement of an accidental release program, as defined in CAA section 112(r) and 40 CFR part 68; (4) approval of alternative means of emission limitations and alternative control technologies; (5) approval of alternative test methods; (6) approval of alternative monitoring methods; and, (7) the authority to make certain applicability determinations, as required by formal requests from owners or operators of facilities or the public. In addition, certain provisions of 40 CFR part 63 are delegated on a case-by-case basis to PADEP and require PADEP to notify U.S. EPA Region III, in writing. These provisions include: (1) compliance extensions; (2) approval of site-specific test and performance evaluation plans; (3) approval of minor alternatives to test methods and monitoring; (4) approval of shorter sampling times/volumes; (5) waiver of performance testing and, (6) waiver of record keeping. As of January 5, 1998, PADEP has primary authority to enforce the standards in 40 CFR part 63 for CAA part 70 sources, however, EPA will retain independent enforcement authority. Pennsylvania has adopted by reference all existing NESHAPs and the corresponding amendments and revisions into 25 Code 127.35. Because PADEP will automatically incorporate by reference all future 40 CFR part 63 NESHAPs and all future amendments and revisions into 25 Code 127.35, this delegation will be automatic (i.e.,
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delegation is granted upon Federal promulgation of a standard, amendment or revision).
If the Administrator determines that Pennsylvania cannot adequately implement or enforce the requirements of 40 CFR part 63, this delegation may be revoked in whole or in part.
EPA hereby notifies the public that it has partially delegated the authority for implementation and enforcement of the NESHAPs, pursuant to 40 CFR part 63, as outlined above, to the Pennsylvania Department of Environmental Protection.
The Office of Management and Budget has exempted this action informing the public of partial delegation of NESHAPS to PADEP, as outlined above, from Executive Order 12688 review. This notice is issued under the authority of sections 101, 110, 112 and 301 of the Clean Air Act, as amended (42 U.S.C. 7401, 7410, 7412, 7601).
Dated: March 18, 1998. Thomas Voltaggio, Acting Regional Administrator, EPA Region III.
[FR Doc. 98-13618Filed5-20-98; 8:45 am]
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