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PA Bulletin, Doc. No. 96-1308

NOTICES

Draft Compliance Strategy on Reasonably Available Control Technology for Major Nitrogen Oxide Sources with Continuous Emission Monitoring Systems; Notice of Availability

[26 Pa.B. 3896]

   The Department of Environmental Protection (DEP) is requesting public comments on a proposed policy to establish and implement a compliance strategy on reasonably achievable control technology (RACT) emission standards for certain major nitrogen oxide (NOx) sources with continuous emission monitoring systems (CEMSs). The proposed policy will assist regional air quality staff in enforcement of the NOx emission standards established under the RACT regulation codified in 25 Pa. Code §§ 129.91--129.95.

   Section 182 of the Federal Clean Air Act Amendments (CAAA) requires the Commonwealth of Pennsylvania to develop and implement a RACT program for major stationary sources which emit volatile organic compounds (VOCs) or NOx. DEP's RACT program, effective on January 14, 1994, required the owners and operators of major VOC and NOx emitting sources or facilities to submit RACT proposals to the DEP by July 15, 1994, The CAAA mandated that the RACT sources achieve compliance with the RACT limitations as expeditiously as possible but no later than May 31, 1995. In circumstances where facility owners and operators demonstrated to the DEP that they could not achieve compliance by the May 31, 1995 deadline, a schedule of compliance with the RACT requirements was approved by the DEP in a plan approval, or operating permit.

   The majority of the RACT proposals received by the DEP have been approved and permits containing enforceable emission limitations have been issued. Many of these permits have been submitted to EPA as a revision to the State Implementation Plan (SIP). The permitted emission limits, enforceable under State law, are also Federally enforceable upon approval of the SIP revisions. In many cases permits contain NOx RACT limitations which may be revised based on continuous emission monitoring data.

   This proposed compliance strategy on RACT for major NOx-emitting facilities with CEMSs will provide guidance to regional air quality staff regarding the settlement of penalties for exceedances of NOx RACT emission standards by NOx RACT sources. Pending the development of a compliance assurance policy addressing NOx emissions, the proposal will provide for the use of the existing boiler policy, entitled ''Enforcement Policy--Continuous Emission Monitoring Systems (CEMS) and Coal Sampling/Analysis Systems (CSAS)'' (Policy Id. No. 273-4000-005), for delinquency, data availability, and excess emission enforcement (substituting NOx for SO2).

   The proposed policy is designed to encourage compliance assistance by providing the owners or operators of the affected sources an opportunity to meet with regional staff to discuss the circumstances of the NOx exceedances. Such circumstances may include unrepresentative or incomplete emissions data or the installation of new or innovative technology. If circumstances warrant, the regional staff may reduce or waive the penalties for exceedances of the NOx RACT emission standards.

   A copy of the proposed policy is available by writing Donald Kerstetter, Bureau of Air Quality, P. O. Box 8468, Harrisburg, Pennsylvania 17105-8468. A copy of the policy is also posted on the DEP World Wide Web Site at http://www.dep.state.pa.us (select Public Participation Center/Proposals Open for Comment).

   Comments on the draft NOx RACT Compliance Strategy for NOx Sources with CEMSs should be sent to Donald Kerstetter, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468 or by e-mail to: Kerstetter.Donald@a1.dep.state.pa.us by September 9, 1996 (30 days after publication of this notice).

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 96-1308. Filed for public inspection August 9, 1996, 9:00 a.m.]


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