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PA Bulletin, Doc. No. 11-1559

NOTICES

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

[41 Pa.B. 4910]
[Saturday, September 10, 2011]

 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 multistate organization created under sections 176A and 184 of the Federal Clean Air Act (42 U.S.C.A. §§ 7506A and 7511c), 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 the Commonwealth, 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 September 2011, 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. The EPA published a notice proposing a revised primary ozone NAAQS ranging from 0.060 to 0.070 parts per million (ppm) to protect public health and a new cumulative, seasonal secondary standard ranging from 7-15 ppm-hours to protect sensitive vegetation and ecosystems at 75 FR2938 (January 19, 2010). Based on current ozone data, all monitored areas of this Commonwealth would be designated as ''nonattainment'' for a revised ozone standard if the EPA adopts the primary ozone NAAQS within the 0.060 to 0.065 ppm ranges.

 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. 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 issued a charge to the mobile, stationary and area source and modeling committees to identify the measures and develop model rules, if necessary, for consideration by the Commission in November 2011. The Commission is also holding public stakeholder meetings on potential control measures in Baltimore on September 8, 2011. Department staff will review stakeholder comments submitted to the Commission on the proposed measures and will also consider those comments prior to final Commission action on the proposed control measures and model rules.

 The Commission may consider final action during its annual meeting on November 10, 2011, which would commit signatory states to pursue the adoption and implementation of the following control strategies and provide a model rule to assist states:

 • Control of VOC emissions from industrial degreasing operations

 • Limits on idling of nonroad diesel vehicles and equipment

 • Control of NOx emissions from natural gas pipeline compressor fuel-fired prime movers (spark-ignited reciprocating internal combustion engines or combustion turbines)

 The Commission may also consider revisions of previously adopted model rules for consumer products and for motor vehicle and motor equipment nonassembly line coating operations.

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

 Comments should be sent by October 10, 2011, 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 act of July 31, 1968 (P. L. 769, no. 240), known as the Commonwealth Documents Law, Regulatory Review Act (71 P. S. §§ 745.1—745.12) and Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506).

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 11-1559. Filed for public inspection September 9, 2011, 9:00 a.m.]


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