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PA Bulletin, Doc. No. 10-1841

NOTICES

Control Measures under Consideration by the Ozone Transport Commission; Public Comment Period

[40 Pa.B. 5534]
[Saturday, September 25, 2010]

 The Department of Environmental Protection (Department) is seeking comments on control measures under consideration by the Ozone Transport Commission (Commission) for the attainment and maintenance of the ozone National Ambient Air Quality Standards (NAAQS). This public comment period is consistent with the requirements of section 7.4 of the Air Pollution Control Act (35 P. S. § 4007.4), which requires an opportunity for public review and comment of recommendations for additional control measures prior to final action by the Commission.

 The Commission, a multi-state organization created under sections 176A and 184 of the Federal Clean Air Act, is authorized to develop recommendations for additional control measures to mitigate the transport of ozone and its precursors in the Ozone Transport Region (OTR) established by operation of law. In addition to this 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.

 In October 2010, the United States Environmental Protection Agency (EPA) is expected to revise the primary and secondary ozone NAAQS to be more protective of public health and the environment. A notice proposing a revised primary ozone NAAQS ranging from 0.060 to 0.070 parts per million to protect public health and a new cumulative, seasonal secondary standard ranging from 7-15 ppm-hours to protect sensitive vegetation and ecosystems was published in the Federal Register on January 19, 2010. When the EPA establishes a NAAQS, states must submit State Implementation Plan revisions to demonstrate attainment and maintenance of the NAAQS in a timely fashion, and to demonstrate progress in making reductions in nitrogen oxides (NOx) and volatile organic compounds (VOCs), which are ozone precursors.

 Based on current ozone data, monitored areas of this Commonwealth would be designated as ''nonattainment'' if the EPA adopts a primary ozone NAAQS of 0.060 or 0.065 ppm this fall. During the implementation of the 2010 ozone NAAQS, the Department will collaborate with the Commission member states and other regional organizations to develop cost-effective strategies for attaining and maintaining the ozone NAAQS and to develop the necessary air quality attainment demonstrations.

 The Commission has adopted resolutions and memoranda of understanding setting forth the process and schedules for developing the control strategies; the Commission generally issues a charge to the mobile, stationary and area source and modeling committees to identify the measures and develop model rules, if necessary. The Commission has also held public stakeholder meetings on potential control measures, most recently in Baltimore on September 16, 2010. Department staff will review stakeholder comments submitted to the Commission on the proposed measures and will also consider those comments prior to acting on the Commission recommendations.

 The Commission may consider final action during its fall meeting on November 10, 2010, which would commit signatory states to pursue the following control strategies:

 • Limits on idling for nonroad vehicles, to control NOx.

 • NOx limitations for stationary generators.

 • NOx limitations on High Electric Demand Days.

 • VOC controls for degreasing operations.

 Materials describing the potential control measures can be found on Department's web site at www.depweb. state.pa.us, choose Air Quality. Additional materials can be found at the Commission web site, www.otcair.org, choose ''Meetings.''

 Comments should be sent by October 15, 2010, to Arleen Shulman, Chief, Division of Air Resource Management, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468 or ashulman@state.pa.us. The Department will consider and retain all comments, but will not prepare a comment and response document.

 Adoption by the Commission of any of the NOx and VOC measures is considered a commitment by signatory states to pursue legislative or regulatory action to adopt and implement these measures. Any control measure proposed for promulgation in this Commonwealth would be subject to the Commonwealth's notice and comment rulemaking process under the Commonwealth Documents Law, Regulatory Review Act and Commonwealth Attorneys Act.

JOHN HANGER 
Secretary

[Pa.B. Doc. No. 10-1841. Filed for public inspection September 24, 2010, 9:00 a.m.]


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