Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 98-820

NOTICES

Adoption and Implementation of the Section 112(g)(2)(B) Program

[28 Pa.B. 2453]

   Effective June 29, 1998, the Department of Environmental Protection (Department) will implement and enforce the maximum achievable control technology (MACT) requirements for certain major sources of hazardous air pollutants (HAPs), on a case-by-case basis, as required under Section 112(g)(2)(B) of the Federal Clean Air Act. State and local permitting authorities with delegated Title V Operating Permit Programs must set HAP emission limits, based on case-by-case determinations, at the same level that will be established by the final MACT standard adopted by the United States Environmental Protection Agency (EPA) for a respective source category.

   Adoption of the Section 112(g) program implements the ''Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources'' promulgated by EPA on December 27, 1996 (61 FR 68384). These regulations, codified at 40 CFR 63.40--63.44, must be implemented no later than 18 months from the date of publication of the provisions in the Federal Register. The Section 112(g)(2)(B) program requirements apply to the construction of new major facilities (that is, greenfield facilities) and the reconstruction of major sources of HAP at existing facilities with potential HAP emissions equal to or greater than 10 tons per year for a single HAP or 25 tons per year or more of any combination of HAPs. The Section 112(g) program requirements do not apply to the following:

   1.  Research and development activities as defined in 40 CFR 63.41

   2.  Stationary sources that are within a source category that has been deleted from the source category list pursuant to Section 112(c)(9) of the Clean Air Act

   3.  Electric utility steam generating units unless and until those units are added to the source category list established under Section 112(c)(5) of the Clean Air Act

   Section 6.6(b) of the Air Pollution Control Act authorizes the Department to establish performance or emission standards on a case-by-case basis for individual sources or a category of sources if EPA has not developed a standard to control HAP emissions under Section 112(c) of the Clean Air Act. The Department's implementing regulations in 25 Pa. Code § 127.35 (relating to maximum achievable control technology standards for hazardous air pollutants), establishes the process that the Department will use to create case-by-case MACT determinations in Federally enforceable plan approvals.

   The Department will submit copies of this notice and a Section 112(g)(2)(B) program description to EPA, no later than May 29, 1998. The section 112(g) program submittal will also include a certification that Pennsylvania's plan approval program (preconstruction review) meets the requirements of 40 CFR 63.40--63.44.

   Copies of the Section 112(g) program description and certification may be obtained by contacting Krishnan Ramamurthy, Chief, Technical Support Section, Bureau of Air Quality at (717) 787-9256 (or by E-mail: ramamurthy.krishnan@a1.dep.state.pa.us). The documents are also available on the DEP Web site at http://www.dep.state.pa.us.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 98-820. Filed for public inspection May 22, 1998, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.