PROPOSED RULEMAKING
ENVIRONMENTAL QUALITY BOARD
[25 PA. CODE CHS. 128, 129, 131 AND 139]
Air Quality Amendments (RBI # 2)
[27 Pa.B. 3058] The Environmental Quality Board (Board) proposes to amend Chapters 128, 129, 131 and 139 to read as set forth in Annex A.
The proposed rulemaking deletes portions of Chapter 128 (relating to alternative emission reduction limitations) which established alternative emission reduction limitations for certain air contamination sources. Section 129.56 (relating to storage tanks greater than 40,000 gallons capacity containing VOCs) is amended to allow owners and operators of floating roof storage tanks with capacities greater than 40,000 gallons up to 45 days to complete repairs on defective storage tank seals. An additional 30-day extension may be granted by the Department of Environmental Protection (Department) if the storage tank vessel cannot be emptied or repaired within the 45-day time frame. Section 129.67(b)(2) (relating to graphic arts systems) is amended to include the term ''less water,'' which was erroneously deleted in a previous rulemaking. Section 129.70 is amended to delete the Department's perchloroethylene (PCE) requirements for dry cleaning facilities because PCE is no longer regulated as a volatile organic compound (VOC). The proposal also deletes the ambient air quality standards in § 131.3 (relating to ambient air quality standards) and the sampling and analytical procedures in § 139.32 (relating to sampling and analytical procedures) for sulfates (as H2SO4), fluorides (total soluble, as HF) and hydrogen sulfide because these standards are not required by Federal law.
This proposal was adopted by the Board at its meeting of March 17, 1996.
A. Effective Date
These amendments will be effective immediately upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of Compliance and Enforcement, Bureau of Air Quality, Rachel Carson State Office Building, 12th Floor, P. O. Box 8468, Harrisburg, PA 17105-8468 (717) 787-1663, or Joyce E. Epps, Assistant Counsel, Bureau of Regulatory Counsel, Office of Chief Counsel, Rachel Carson State Office Building, 9th Floor, P. O. Box 8464, Harrisburg, PA 17105-8464 (717) 787-7060.
Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available through the Department's Website (http://www.dep.state.pa.us).
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 5 of the Air Pollution Control Act (35 P. S. § 4005), which grants to the Board the authority to adopt rules and regulations for the prevention, control, reduction and abatement of air pollution in this Commonwealth.
D. Background and Purpose
On August 4, 1995, Secretary Seif issued the ''Directive on Review of Existing Regulations and Technical Guidance.'' This directive mandated an extensive review of the Department's regulations and technical guidance and provided an opportunity for public comments on the results of this Regulatory Basics Initiative (RBI). The goals of the RBI included identifying those regulations that were more stringent than Federal requirements, obsolete or redundant or no longer necessary. The RBI also required the Department to identify regulations which inhibited new green technologies and failed to encourage pollution prevention approaches.
Subsequently, the Governor signed Executive Order 1996-1 entitled ''Regulatory Review and Promulgation'' on February 6, 1996. The Executive Order establishes procedures for the review of existing regulations and the drafting and promulgation of new regulations. General requirements of Executive Order 1996-1 include the promulgation of regulations which have a compelling public interest, regulatory costs which do not outweigh their benefits and regulations that are no more stringent than standards imposed by Federal law unless justified by a compelling State interest.
This proposed rulemaking, consistent with the principles of Executive Order 1996-1 and the Department's RBI, deletes the obsolete alternative emission limitations in Chapter 128 as well as the redundant PCE requirements for dry cleaners in § 129.70. The volatile organic storage tank requirements in § 129.56 (relating to storage tanks greater than 40,000 gallons capacity containing VOCs) are being revised to conform to Federal requirements for repairing defective floating roof seals in volatile organic storage tanks. The proposal also deletes several ambient air quality standards and sampling and analysis techniques codified in Chapters 131 and 139 (relating to ambient air quality standards; and sampling and testing) which are no longer necessary and not required by Federal law.
The Department consulted with the Air Subcommittee of the Air and Water Quality Technical Advisory Committee (AWQTAC) during the development of the proposed amendments to Chapters 128, 129, 131 and 139. On December 11, 1996, a majority of the members of the AWQTAC concurred with the Department's recommendation to submit the proposed amendments to the Board for consideration.
E. Summary of Regulatory Requirements
These proposed amendments delete portions of Chapter 128. Under the existing regulations, the owners and operators of air contamination sources at 12 facilities, including Andre Greenhouses, Inc., United States Steel Corporation, Scott Paper, Bethlehem Steel Corporation and Sun Refining and Marketing Company, submitted proposals to the Department to implement alternative emission reduction limitations for certain air contamination sources. Alternative emission reduction limitations for those sources were incorporated in revised operating permits, codified in the Pennsylvania Code and submitted to the United States Environmental Protection Agency (EPA) as revisions to the State Implementation Plan (SIP). Eleven of the 12 alternative emission reduction limitations are no longer necessary due to changes in processes and equipment or the closing of the affected facility. Consequently, the proposed amendments delete the alternate emission reduction limitations for 11 of the 12 facilities.
The proposed rulemaking includes revisions to several provisions in Chapter 129 (relating to standards for sources). Proposed revisions to § 129.56 will allow the owners and operators of volatile organic liquid storage tanks to empty the tanks and repair the seals within 45 days if the floating roof seals are defective. A 30-day extension may be requested from the Department if the request includes a demonstration that alternative storage capacity is unavailable. Section 129.56 does not presently include a time frame for repairing or emptying of defective organic liquid storage tanks. This revision ensures that § 129.56 is consistent with the Federal procedures in 40 CFR 60.113b(b)(4)(iii).
The proposed change to § 129.67(b)(2) amends the graphic arts systems requirements by adding the term ''less water.'' This term was inadvertently omitted during a previous rulemaking (22 Pa.B. 2720 (May 23, 1992)). Addition of the term ''less water'' clarifies that water is not to be considered when demonstrating compliance with the requirements.
Section 129.70 will be deleted in this proposed rulemaking. In 1981, as part of its ozone strategy, the Department adopted PCE requirements for certain dry cleaning facilities which emitted more than a 100 tons per year of VOCs. The EPA no longer considers PCE to be a photochemically reactive compound and removed the compound from its listing of VOCs. Consequently, § 129.70 is no longer necessary as a result of EPA's finding. However, new and existing dry cleaning facilities in this Commonwealth with the potential to emit more than 10 tons of PCE a year must comply with the National Emission Standards for Hazardous Air Pollutants (NESHAP) for PCE dry cleaning facilities published at 58 FR 49354 (September 22, 1993). The NESHAP for those PCE dry cleaning facilities specifies control of PCE emissions to the level of the maximum achievable control technology (MACT) required under section 112 of the Clean Air Act.
The proposed rulemaking also deletes the sulfate (as sulfuric acid [H2SO4]), fluoride (total soluble as hydrogen fluoride [HF]) and hydrogen sulfide ambient air quality standards in § 131.3 and sampling and analysis techniques for those contaminants in § 139.32. The Department will retain the ambient air quality standards for beryllium because of its extreme toxicity and the total settled particulates (TSP) standard because of its usefulness, Statewide, as an investigative tool to address citizen complaints. With the exception of beryllium, there are no Federal ambient standards for those air contaminants for which maximum ambient air concentrations were established in September 1971. The ambient air quality standards recommended for deletion are not required by Federal law and there is no compelling State interest to retain those standards. Sampling and testing requirements for those ambient air quality standards are no longer necessary because the standards are being deleted in this proposed rulemaking.
Although the sampling of hydrogen sulfide has been used in the past to investigate malodor complaints, the standard is no longer needed for investigative purposes because hydrogen sulfide levels are objectionable at concentrations lower than the 0.005 parts per million (ppm) averaged over 24 hours or the 0.1 ppm averaged over 1 hour concentrations specified in § 131.3.
Following the adoption of this proposal by the Board as final-form regulations, the Department will submit these amendments to the EPA as a revision to the SIP.
F. Benefits and Costs
Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendments.
Benefits
Persons affected by this rulemaking will benefit from the deletion of obsolete or redundant air quality regulations. The proposed amendment of § 129.56 will establish a time frame, consistent with Federal law, for the owners and operators of large organic liquid storage tanks to empty the storage tanks and make repairs on defective seals. The inclusion of a time frame for emptying the storage tanks and repairing the seals will also allow safer completion of repairs to defective seals on the floating roof tank.
The proposed deletion of the PCE requirements for dry cleaning facilities in § 129.70 would allow the owners and operators of PCE dry cleaning facilities to eliminate duplicate recordkeeping to demonstrate compliance with Chapter 129 requirements and the Federal NESHAP requirements for PCE dry cleaning facilities.
Compliance Costs
These proposed amendments are not expected to result in additional costs or savings to the regulated community or the general public. However, the Bureau of Air Quality could save an estimated $34,000 to $43,000 if sulfate analyses are no longer required for the estimated 1281 sulfate filters analyzed each year.
Compliance Assistance Plan
Proposed amendments to § 129.67 address compliance assistance by allowing the owners and operators of storage tanks of greater than 40,000 gallons capacity up to 45 days to repair the floating roof seals or empty the storage vessels. The owners and operators of the tanks may request an additional 30 days to correct defective seals in the floating storage tanks. The regulated community, generally owners and operators of large storage tanks at petroleum terminals, chemical plants and refineries, will be advised of the compliance schedule included in the regulation for emptying and repairing large storage tanks.
Paperwork Requirements
This proposal is not expected to result in increased paperwork requirements. Deletion of the sampling and analytical procedures for ambient air contaminants such as sulfates, fluorides and hydrogen sulfide reduces paperwork requirements for the regulated community since monitoring reports required under § 139.53 will not be necessary. In addition, elimination of the PCE requirements for dry cleaning facilities will also reduce paperwork requirements for the owners and operators of PCE dry cleaning facilities.
G. Sunset Review
These amendments will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the amendments effectively fulfills the goals for which it was intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 16, 1997, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before publication of the final-form regulations.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by September 4, 1997. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by September 4, 1997. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@A1.dep. state.pa.us. A subject heading of the proposal must be included in each transmission. Comments submitted electronically must also be received by the Board by September 4, 1997.
J. Public Hearings
The Board will hold three public hearings for the purpose of accepting comments on this proposal. The hearings will be held on the following dates and at the following locations:
July 28, 1997 Department of Environmental
Protection
Southwest Regional Office
500 Waterfront Drive
Pittsburgh, PAJuly 30, 1997 Department of Environmental
Protection
1st Floor Conference Room
Rachel Carson State Office Building
400 Market Street
Harrisburg, PAAugust 5, 1997 Department of Environmental
Protection
Southeast Regional Office
Suite 6010, Lee Park
555 North Lane
Conshohocken, PAPersons wishing to present testimony at a hearing are requested to contact Nancy Roush at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation in order to participate should contact Nancy Roush at (717) 787-4526, or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-317. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 128. ALTERNATIVE EMISSION
REDUCTION LIMITATIONS
SPECIFIC LIMITATIONS(Editor's Note: As part of this proposal, the Board is proposing to delete the existing text of §§ 128.11--128.20 and 128.22, which currently appear at 25 Pa. Code pages 128-2--128-12 and 128-14--128-17, serial pages (194362), (114835)--(114844) and (114846), (114847) and (128415).)
CHAPTER 129. STANDARDS FOR SOURCES § 129.56. Storage tanks greater than 40,000 gallons capacity containing VOCs.
* * * * * (h) If a failure is detected during inspections required in this section, the owner or operator, or both, shall repair the items or empty and remove the storage vessel from service within 45 days. If this failure cannot be repaired within 45 days and if the vessel cannot be emptied within 45 days, a 30-day extension may be requested from the Department. A request for an extension shall document that alternate storage capacity is unavailable and specify a schedule of actions the owner or operator will take that will assure that the equipment will be repaired or the vessel will be emptied as soon as possible but within the additional 30-day time requested.
§ 129.67. Graphic arts systems.
* * * * * (b) A person may not permit the emission into the outdoor atmosphere of VOCs from a rotogravure or flexographic printing press subject to this section unless one of the following limitations is met:
* * * * * (2) The ink, as applied to the substrate, less water, contains 60% by volume or more of solid material.
§ 129.70. [Perchloroethylene dry cleaning facilities] (Reserved).
[(a) This section applies to perchloroethylene dry cleaning facilities which:
(1) Are located in the counties of Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Lackawanna, Lehigh, Luzerne, Montgomery, Northampton, Philadelphia, Washington and Westmoreland, and in the Harrisburg Area Transportation Study area.
(2) Emit more than 100 tons of volatile organic compounds per year.
(b) Emissions of perchloroethylene to the outdoor atmosphere from a dry cleaning facility shall be vented through a properly functioning condenser or carbon adsorption system.
(c) Emissions of perchloroethylene shall also be restricted as follows:
(1) Diatomaceous earth filters shall be cooked or otherwise treated so that the residue contains no more than 25% by weight of volatile organic compounds.
(2) Wet waste material from all solvent stills shall be reduced to no more than 60% by weight of volatile organic compounds.
(3) Filtration cartridges shall be drained in the filter housing for a minimum of 24 hours before being discarded.
(4) A component including hose connections, valves, machine door gaskets, pumps, storage containers, water separators, filter sludge recovery units, distillation units, cartridge filters and lint depositories found to be leaking volatile organic compounds shall be replaced or repaired within 24 hours of discovery of such leak.]
CHAPTER 131. AMBIENT AIR QUALITY STANDARDS§ 131.3. Ambient air quality standards.
The following standards apply and, unless otherwise stated, are maximum values that may not be exceeded:
CHAPTER 139. SAMPLING AND TESTING
Subchapter A. SAMPLING AND TESTING METHODS AND PROCEDURES
AMBIENT LEVELS OF AIR CONTAMINANTS § 139.32. Sampling and analytical procedures.
(a) Sampling and analytical techniques which may be used directly or employed as reference standards against which other methods may be calibrated shall be as follows
Contaminant Sampling Method Analytical Method * * * * * [Sulfates (as H2SO4)] [High-volume filtration (7)] [Turbidimetric (8)] [Fluorides (total soluble, as HF] [Filtration plus gas absorption (9)] [Thorium-alizarin lake titration (9)] [Hydrogen sulfide] [Gas absorption (18)] [Methylene blue method (18)] * * * * *
[Pa.B. Doc. No. 97-1028. Filed for public inspection June 27, 1997, 9:00 a.m.]
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