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PA Bulletin, Doc. No. 24-839

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Proposed State Implementation Plan Revision for a Noninterference Demonstration under Section 110(l) of The Clean Air Act to Support Decommissioning Stage II Gasoline Vapor Recovery Requirements and Add Requirements for Gasoline Dispensing Facilities; Public Hearing

[54 Pa.B. 3494]
[Saturday, June 15, 2024]

 The Department of Environmental Protection (Department) is seeking public comment on a noninterference demonstration required under section 110(l) of The Clean Air Act (act) (42 U.S.C. § 7410(l)). The noninterference demonstration is necessary to support the Department's submittal of a final rulemaking amending 25 Pa. Code Chapter 129 (relating to standards for sources) entitled ''Control of VOC Emissions from Gasoline Dispensing Facilities (Stage I and Stage II),'' published at 52 Pa.B. 1875 (March 26, 2022) as a revision to the Commonwealth's State Implementation Plan (SIP) at 40 CFR 52.2020 (relating to identification of plan). These amendments to Chapter 129, which apply to the five-county Philadelphia area and seven-county Pittsburgh area, provide for the decommissioning of Stage II vapor recovery equipment used at gasoline dispensing facilities and require leak testing to control emissions of volatile organic compounds (VOC) after decommissioning is complete. The noninterference demonstration will also support Allegheny County Health Department's final rulemaking, amending Article XXI, Subpart 1—VOC Sources, ''Gasoline Dispensing Facilities—Stage II Control'' as a revision to the Commonwealth's SIP. Emissions of VOC are a precursor to the formation of ground-level ozone. Ozone is a criteria pollutant with an associated National Ambient Air Quality Standard (NAAQS).

 Section 110(l) of the act, pertaining to plan revisions, provides that the Environmental Protection Agency (EPA) Administrator shall not approve an SIP revision if that revision would interfere with any applicable requirement concerning attainment of an NAAQS and reasonable further progress in attaining an NAAQS or any other applicable requirement of the act. The noninterference demonstration in this proposed SIP revision shows that requiring decommissioning of vacuum assist Stage II vapor recovery systems and allowing decommissioning of all types of Stage II vapor recovery equipment as specified in 25 Pa. Code § 129.82a (relating to requirements to decommission a Stage II vapor recovery system) would satisfy section 110(l) of the act.

 The EPA approval of this noninterference SIP revision will allow for the inclusion of revisions to 25 Pa. Code §§ 121.1, 129.61 and 129.82 (relating to definitions; small gasoline storage tank control (Stage I) control; and control of VOCs from gasoline dispensing facilities (Stage II)) and 25 Pa. Code §§ 129.61a (relating to vapor leak monitoring procedures and other requirements for small gasoline storage tank emission control) and 129.82a, into the Commonwealth's SIP. The Department previously provided a 66-day public comment period that opened September 26, 2020, and closed November 30, 2020, on the proposed amendments. See 50 Pa.B. 5236 (September 26, 2020). The Department will not be accepting public comment on the Stage I and Stage II rulemaking.

 This proposed noninterference demonstration that supports the SIP revision is available on the Department's web site at www.ahs.dep.pa.gov/eComment.

 The Department will provide the opportunity for a public hearing to receive comments on the proposed noninterference demonstration. The Department will hold two public hearings to receive comments on the proposed SIP revision. The Department will hold the first hearing on July 15, 2024, at 1 p.m. at the Department of Environmental Protection, Southwest Regional Office, 500 Waterfront Drive, Rooms A and B, Pittsburgh, PA 15222. The second hearing will be held on July 16, 2024, at 1 p.m. at 2 East Main Street, Norristown, PA 19401. Persons wishing to present testimony should contact Amanda Rodriguez at amarodrigu@pa.gov or (717) 787-7677 no less than 24 hours in advance of the public hearing to reserve a time. Witnesses will be limited to 10 minutes and should provide two written copies of their comments.

 Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceeding should contact Amanda Rodriguez at P.O. Box 8468, Harrisburg, PA 17105, (717) 787-7677, amarodrigu@pa.gov. TDD users may contact the Pennsylvania Hamilton Relay Service at (800) 654-5984 to discuss how the Department can best accommodate their needs.

 The Department must receive comments no later than July 16, 2024. Commentators are encouraged to submit comments using the Department's eComment system at www.ahs.dep.pa.gov/eComment or by e-mail to ecomment@pa.gov. Written comments may be submitted to the Policy Office, Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Use ''Stage II NID'' as the subject line in written communication.

JESSICA SHIRLEY, 
Acting Secretary

[Pa.B. Doc. No. 24-839. Filed for public inspection June 14, 2024, 9:00 a.m.]


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