PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 127]
General Conformity
[26 Pa.B. 1139] The Environmental Quality Board (EQB) proposes to add Chapter 127, Subchapter J (relating to general conformity) to read as set forth in Annex A. The proposed regulations will adopt by reference the General Conformity Rule (rule) promulgated by the United States Environmental Protection Agency (EPA) under section 176(c) of the Federal Clean Air Act Amendments of 1990 (CAA). The regulations are contained in 40 CFR Part 93, Subpart B (relating to determining conformity of general Federal actions to state or Federal implementation plans) with respect to the conformity of general Federal actions to the Commonwealth's State Implementation Plan (SIP).
The EQB approved the proposed rulemaking at its January 16, 1996, meeting.
A. Effective Date
These proposed regulations will go into effect immediately upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact J. Wick Havens, Chief, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, 12th Floor, P. O. Box 8468, Harrisburg, PA 17105-8468, telephone: (717) 787-4310; or Joyce Epps, Assistant Counsel, Bureau of Regulatory Counsel, Rachel Carson State Office Building, 9th Floor, P. O. Box 8464, Harrisburg, PA 17105-8464, telephone: (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 of Environmental Protection's (Department) Web site (http://www.dep.state.pa.us).
For further information regarding public comments and hearings, see Section I of this Preamble.
C. Statutory Authority
This proposal is being made under section 5 of the authority of the Air Pollution Control Act (35 P. S. § 4005) which grants to the EQB the authority to adopt rules and regulations for the prevention, control, reduction and abatement of air pollution in this Commonwealth.
D. Background
The purpose of this proposal is to ensure that Federal actions do not adversely affect the timely attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) or emission reduction plans leading to attainment. The intent of integrating Federal actions with air quality planning is to protect this Commonwealth's air quality by helping to ensure that SIP growth projections are not exceeded, emission reduction targets are achieved and air quality attainment and maintenance efforts are not undermined. Adoption of these proposed regulations will not impact any existing Commonwealth air quality regulations.
The proposed regulations will place additional requirements on Federal agencies taking action within this Commonwealth which is covered by the rule. The rule places responsibility on the Federal agency to perform a conformity determination and to make the determination available for public review. The conformity determination examines direct and indirect emissions of regulated air pollutants resulting from the Federal actions. Conformity with the applicable SIP must be determined prior to initiating the action.
Examples of Federal actions requiring conformity determinations include:
* leasing of Federal land
* airport construction/modification grants
* private construction on Federal land
* construction of Federal office buildings
* prescribed burning
* reuse of military bases
* water treatment plants
E. Summary and Purpose of Proposed Regulations
Federal promulgation of these proposed regulations is required by section 176(c) of the CAA. The Commonwealth is required by section 51.851 of the rule to submit to the EPA by November 30, 1994, a revision to the air quality SIP, which establishes conformity criteria and procedures consistent with the rule. The Department is proposing to incorporate the rule by reference.
Under these proposed regulations and the underlying Federal regulations, departments, agencies or instrumentalities of the Federal government are not permitted to engage in, support in any way or provide financial assistance for, or issue a license or permit, or approve an activity which does not conform to Pennsylvania's air quality SIP. Prior to taking any action, a determination that the proposed Federal action conforms to the air quality SIP must be made by the Federal agency in accordance with the policy, criteria and procedures contained in the EPA regulation.
The general conformity rule covers direct and indirect emissions of criteria pollutants or their precursors that are caused by a Federal action, are reasonably foreseeable and can practically be controlled by the Federal agency through its continuing program responsibility. Criteria pollutants are carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone, particulate matter (PM-10) and sulfur dioxide (SO2). The criteria and procedures established in the rule apply only in areas that are nonattainment or maintenance with respect to any of these criteria pollutants.
F. Benefits and Costs
Executive Order 1982-2 requires a statement of the benefits of a proposed rulemaking, as well as the costs which may be imposed. It also requires a statement of the need for, and a description of, any forms, reports or other paperwork required as a result of the proposed regulations.
Emission Impact
The proposed regulations will not change the emission impact of the existing air quality regulations. The current regulations are intended to achieve or maintain the Federal NAAQS for the general conformity criteria pollutants CO, Pb, NO2, ozone, PM-10 and SO2.
Environmental Impact
The proposed regulations are intended to prevent environmental degradation by Federal actions. The proposed regulations require consistent planning between the different programs. These proposed regulations will require Federal agencies to ensure that the Commonwealth's air quality is protected. The function of the air quality SIP is to bring the noncomplying areas into compliance with the Federal NAAQS and to maintain compliance once it is established.
Impact on Regulated Industry
The proposed regulations will affect departments, agencies or instrumentalities of the Federal government that engage in, support in any way or provide financial assistance for, license or permit or approve any activity which does not conform to the Commonwealth's SIP. An appropriate conformity study is required prior to the planned Federal activity.
Cost to the Commonwealth
The proposed regulations will not affect costs to the Commonwealth. Regional offices presently review the types of environmental impact statements that these proposed regulations will require.
Cost to Local Government
The proposed regulations will not impose additional costs on local governments.
Cost to General Public
The proposed regulations will not impose additional costs on the general public.
Paperwork Requirements
The proposed regulations require affected actions to include SIP planning methods and goals in evaluation of the environmental impact. The proposed regulations should not affect present paperwork requirements. Presently, environmental assessments are required of major activities that may adversely affect Pennsylvania's air quality. These proposed regulations will direct Federally influenced activities to explicitly include Pennsylvania SIP planning and goals in the assessment.
G. Sunset Date
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations 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)), the Department submitted a copy of these proposed regulations on March 5, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. In addition to submitting the proposed regulations, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed regulations, 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 review, prior to final publication of the proposed regulations, by the Department, the General Assembly and the Governor of objections raised.
I. Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed regulations to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477. Comments received by facsimile will not be accepted. Comments must be received by May 22, 1996. In addition to the written comments, interested persons may also submit a summary of their comments to the EQB. The summary may not exceed 1 page in length and must also be received by May 22, 1996. The summary will be provided to each member of the EQB in the agenda packet distributed prior to the meeting at which the final regulations will be considered. Comments may be submitted electronically to the EQB at RegComments@A1.dep.state.pa.us. The subject heading of the proposal and a return name and address must be included in each transaction. Comments submitted electronically must also be received by the EQB by May 22, 1996.
J. Public Hearings
The EQB will hold three public hearings for the purpose of accepting comments on the proposed regulations. The hearings will be held at 1 p.m. as follows:
April 15, 1996
Department of Environmental Protection
Southwest Regional Office
400 Waterfront Drive
Pittsburgh, PAApril 17, 1996
Department of Environmental Protection
1st Floor Meeting Room
Rachel Carson State Office Building
400 Market Street
Harrisburg, PAApril 22, 1996
Department of Environmental Protection
Southeast Regional Office
Suite 6010, Lee Park
555 North Lane
Conshohocken, PAPersons wishing to present testimony at the hearings should contact Sharon Freeman at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, telephone: (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony will be limited to 10 minutes for each witness, and three written copies of the oral testimony must be submitted at the hearing. Each organization is requested to designate one witness to present testimony on its behalf.
Persons with a disability who wish to attend a hearing, and require an auxiliary aid, service or other accommodation to participate in the proceeding, should contact Sharon Freeman at the address and telephone number listed in this section; or for TDD users, the AT&T Relay Service at (800) 654-5984 to discuss how the Department can best accommodate their needs.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-295. No fiscal impact; (8) recommends adoption.
(Editor's Note: The following subchapter is new. It has been printed in regular type to enhance readability.)
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF
NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 127. CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES
Subchapter J. GENERAL CONFORMITY Sec.
127.801. Purpose. 127.802. Adoption of standards. § 127.801. Purpose.
This subchapter adopts the general conformity rule promulgated by the EPA under section 176(c) of the Clean Air Act (42 U.S.C.A. § 7506(c)) and the regulations codified at 40 CFR Part 93, Subpart B (relating to determining conformity of general Federal actions to state or Federal implementation plans), with respect to the conformity of general Federal actions to the Commonwealth's State Implementation Plan.
§ 127.802. Adoption of standards.
The general conformity rule promulgated in 40 CFR Part 93, Subpart B (relating to determining conformity of general Federal actions to state or Federal implementation plans), by the Administrator of the EPA under section 176(c) of the Clean Air Act (42 U.S.C.A. § 7506(c)) is adopted in its entirety by the Department and incorporated herein by reference.
[Pa.B. Doc. No. 96-396. Filed for public inspection March 15, 1996, 9:00 a.m.]
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