RULES AND REGULATIONS
[25 PA. CODE CHS. 128, 129, 131 AND 139]
Air Quality Amendments (RBI 2)
[28 Pa.B. 4525]
The Environmental Quality Board (Board), by this Order, amends Chapters 128, 129, 131 and 139 to read as set forth in Annex A.
These amendments delete portions of Chapter 128 (relating to alternative emission reduction limitations) which established alternative emission reduction limitations for certain air contamination sources. Section 129.56 (relating to storage tanks greater than 40,000 gallons capacity containing VOCs) is amended to allow owners and operators of floating roof storage tanks with capacities greater than 40,000 gallons up to 45 days to complete repairs on defective storage tank seals. An additional 30-day extension may be granted by the Department of Environmental Protection (Department) if the storage tank vessel cannot be emptied or repaired within the 45-day time frame. Section 129.67(b)(2) (relating to graphic arts systems) is amended to include the term ''less water,'' which was erroneously deleted in a previous rulemaking. Section 129.70 is amended to delete the Department's perchloroethylene (PCE) requirements for dry cleaning facilities because PCE is no longer regulated as a volatile organic compound (VOC). The rulemaking also deletes the sulfates (as H2SO4) ambient air quality standard in § 131.3 (relating to ambient air quality standards) and the sampling and analytical procedures in § 139.32 (relating to sampling and analytical procedures) for sulfates (as H2SO4).
This final rulemaking was adopted by the Board at its meeting of June 16, 1998.
A. Effective Date
These amendments will be effective immediately upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of Compliance and Enforcement, Bureau of Air Quality, Rachel Carson State Office Building, 12th Floor, P. O. Box 8468, Harrisburg, PA 17105-8468 (717) 787-1663, or Joyce E. Epps, Assistant Counsel, Bureau of Regulatory Counsel, Office of Chief Counsel, Rachel Carson State Office Building, 9th Floor, P. O. Box 8464, Harrisburg, PA 17105-8464 (717) 787-7060.
C. Statutory Authority
This final rulemaking is being made under the authority of section 5 of the Air Pollution Control Act (35 P. S. § 4005), which grants to the Board the authority to adopt rules and regulations for the prevention, control, reduction and abatement of air pollution in this Commonwealth.
D. Background and Purpose
On August 4, 1995, Secretary Seif issued the ''Directive on Review of Existing Regulations and Technical Guidance.'' This directive mandated an extensive review of the Department's regulations and technical guidance and provided an opportunity for public comments on the results of this Regulatory Basics Initiative (RBI). The goals of the RBI included identifying those regulations that were more stringent than Federal requirements, obsolete or redundant or no longer necessary. The RBI also required the Department to identify regulations which inhibited new green technologies and failed to encourage pollution prevention approaches.
Subsequently, the Governor signed Executive Order 1996-1 entitled ''Regulatory Review and Promulgation'' on February 6, 1996. The Executive Order establishes procedures for the review of existing regulations and the drafting and promulgation of new regulations. General requirements of Executive Order 1996-1 include the promulgation of regulations which have a compelling public interest, regulatory costs which do not outweigh their benefits and regulations that are no more stringent than standards imposed by Federal law unless justified by a compelling State interest.
This final rulemaking is consistent with the principles of Executive Order 1996-1 and the Department's RBI, and deletes the obsolete alternative emission limitations in Chapter 128 as well as the redundant PCE requirements for dry cleaners in § 129.70. The volatile organic storage tank requirements in § 129.56 (relating to storage tanks greater than 40,000 gallons capacity containing VOCs) are being revised to conform to Federal requirements for repairing defective floating roof seals in volatile organic storage tanks. These amendments also delete the sulfates (as H2SO4) ambient air quality standard and sampling and analysis techniques codified in Chapters 131 and 139 (relating to ambient air quality standards; and sampling and testing) which are no longer necessary and not required by Federal law.
The Department consulted with the Air Subcommittee of the Air Quality Technical Advisory Committee (AQTAC) during the development of the final amendments to Chapters 128, 129, 131 and 139. On January 16, 1998, AQTAC voted to support the Department's recommendation to submit this final rulemaking to the Board for consideration.
E. Summary of Regulatory Requirements
These final amendments delete portions of Chapter 128. Under the existing regulations, the owners and operators of air contamination sources at 12 facilities, including Andre Greenhouses, Inc., United States Steel Corporation, Scott Paper, Bethlehem Steel Corporation and Sun Refining and Marketing Company, submitted proposals to the Department to implement alternative emission reduction limitations for certain air contamination sources. Alternative emission reduction limitations for those sources were incorporated in revised operating permits, codified in the Pennsylvania Code and submitted to the United States Environmental Protection Agency (EPA) as revisions to the State Implementation Plan (SIP). Eleven of the 12 alternative emission reduction limitations are no longer necessary due to changes in processes and equipment or the closing of the affected facility. Consequently, the final amendments delete the alternative emission reduction limitations for 11 of the 12 facilities.
These amendments include revisions to several provisions in Chapter 129 (relating to standards for sources). Final revisions to § 129.56 will allow the owners and operators of volatile organic liquid storage tanks to empty the tanks and repair the seals within 45 days if the floating roof seals are defective. A 30-day extension may be requested from the Department if the request includes a demonstration that alternative storage capacity is unavailable. Section 129.56 does not presently include a time frame for repairing or emptying of defective organic liquid storage tanks. This revision ensures that § 129.56 is consistent with the Federal procedures in 40 CFR 60.113b(b)(4)(iii) (relating to testing and procedures).
The amendment to § 129.67(b)(2) revises the graphic arts systems requirements by adding the term ''less water.'' This term was inadvertently omitted during a previous rulemaking (22 Pa.B. 2720 (May 23, 1992)). The addition of the term ''less water'' clarifies that water is not to be considered when demonstrating compliance with the requirements.
This final rulemaking deletes § 129.70. In 1981, as part of its ozone strategy, the Department adopted PCE requirements for certain dry cleaning facilities which emitted more than 100 tons per year of VOCs. The EPA no longer considers PCE to be a photochemically reactive compound and removed the compound from its listing of VOCs. Consequently, § 129.70 is no longer necessary as a result of EPA's finding. However, new and existing dry cleaning facilities in this Commonwealth with the potential to emit more than 10 tons of PCE a year must comply with the National Emission Standards for Hazardous Air Pollutants (NESHAP) for PCE dry cleaning facilities published at 58 FR 49354 (September 22, 1993). The NESHAP for those PCE dry cleaning facilities specifies control of PCE emissions to the level of the maximum achievable control technology (MACT) required under section 112 of the Clean Air Act.
The final rulemaking also deletes the sulfate (as sulfuric acid [H2SO4]) ambient air quality standard in § 131.3 and the related sampling and analysis techniques in § 139.32. The Department has retained the ambient air quality standards for beryllium because of its extreme toxicity and the total settled particulates (TSP) standard because of its usefulness Statewide as an investigative tool to address citizen complaints. With the exception of beryllium, there are no Federal ambient standards for those air contaminants for which maximum ambient air concentrations were established in September 1971.
In the final rulemaking, the Department has also retained the hydrogen fluoride standard and related sampling and analysis techniques due to concerns raised by representatives for the South and Southwest Philadelphia communities. Although the ambient air quality standard for hydrogen fluoride is not specifically required by the Clean Air Act, the Department is authorized under section 4.2(f) of the Air Pollution Control Act to retain regulations approved by the Board prior to July 9, 1992. The Department may also retain any ambient air quality standards adopted by the Board where no standard has been approved by the EPA (35 P. S. § 4004.2(f)).
The ambient air quality standard for hydrogen sulfide and associated sampling and analytical procedures in §§ 131.3 and 139.32 are also retained. The sampling of hydrogen sulfide has been used to investigate malodor complaints. During the past year, the Department's Southeast Regional Office received complaints concerning odors and hydrogen sulfide emissions from mushroom composting operations in London Grove Township, Chester County. To determine hydrogen sulfide concentrations and health effect measurements in the West Grove/Avondale area, the Department, in cooperation with the Pennsylvania Health Department, is currently conducting hydrogen sulfide monitoring and health assessments. Following the completion of the hydrogen sulfide monitoring by the Department and assessments by the Department of Health, the Department will evaluate whether the ambient air quality standard for hydrogen sulfide will be deleted in a subsequent rulemaking.
The Department will submit these amendments to the EPA as a revision to the SIP.
F. Summary of Comments and Responses on the Proposed Rulemaking
The Board held three public hearings on the proposed rulemaking published at 27 Pa.B. 3058 (June 28, 1997). The hearings were held in Pittsburgh on July 28, 1997; Harrisburg on July 30, 1997; and Conshohocken on August 5, 1997. The Board did not receive any testimony during the public hearings. During the public participation process, persons interested in providing written comments were invited to submit comments, suggestions or objections on the proposal to the Board by September 4, 1997.
The Board reviewed written comments from eight individuals and organizations concerning the proposed deletion of the ambient air quality standards for sulfates, hydrogen fluoride and hydrogen sulfide in § 131.3 and the sampling and analysis techniques for those contaminants in § 139.32. One commentator, Air Products and Chemicals, Inc. supported the proposed deletion of those standards. However, the Board received written comments from seven organizations opposed to the deletion of the ambient air standard for hydrogen fluoride. These commentators stated that retention of the hydrogen fluoride standard and sampling techniques is required for public health and safety reasons in the South and Southwest Philadelphia communities because of their proximity to a facility which uses hydrogen fluoride. Because of their concerns, the hydrogen fluoride ambient air quality standard in § 131.3 and the sampling and analysis techniques in § 139.32 have been retained.
Although the Department did not receive any comments concerning the proposed deletion of the 1-hour and 24-hour hydrogen sulfide ambient air quality standard in § 131.3 and the sampling and analytical procedures in § 139.32, these provisions are retained pending the outcome of ongoing hydrogen sulfide sampling in Chester County.
G. Benefits and Costs
Executive Order 1996-1 requires a cost/benefit analysis of the final amendments.
Benefits
Persons affected by this rulemaking will benefit from the deletion of obsolete or redundant air quality regulations. The revisions to § 129.56 will establish a time frame, consistent with Federal law, for the owners and operators of large organic liquid storage tanks to empty the storage tanks and make repairs on defective seals. The inclusion of a time frame for emptying the storage tanks and repairing the seals will also allow safer completion of repairs to defective seals on the floating roof tank.
The deletion of the PCE requirements for dry cleaning facilities in § 129.70 would allow the owners and operators of PCE dry cleaning facilities to eliminate duplicate recordkeeping to demonstrate compliance with Chapter 129 requirements and the Federal NESHAP requirements for PCE dry cleaning facilities.
Compliance Costs
These amendments are not expected to result in additional costs or savings to the regulated community or the general public. The Bureau of Air Quality will save an estimated $34,000 to $43,000 after sulfate analyses are no longer required for the estimated 1,281 sulfate filters analyzed each year.
Compliance Assistance Plan
The changes to § 129.67 will allow the owners and operators of storage tanks of greater than 40,000 gallons capacity up to 45 days to repair the floating roof seals or empty the storage vessels. The owners and operators of the tanks may request an additional 30 days to correct defective seals in the floating storage tanks. The regulated community, generally owners and operators of large storage tanks at petroleum terminals, chemical plants and refineries, will be advised of the compliance schedule included in the regulation for emptying and repairing large storage tanks.
Paperwork Requirements
This final rulemaking is not expected to result in increased paperwork requirements. Deletion of the sampling and analytical procedures for ambient air quality standard for sulfates (as sulfuric acid) will reduce paperwork requirements for the regulated community since monitoring reports required under § 139.53 will not be necessary. In addition, elimination of the PCE requirements for dry cleaning facilities will also reduce paperwork requirements for the owners and operators of PCE dry cleaning facilities.
H. Sunset Review
These amendments will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the amendments effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 16, 1997, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In compliance with section 5(b.1) of the Regulatory Review Act, the Department also provided IRRC and the House and Senate Committees with copies of the comments as well as other documentation.
In preparing these final-form regulations, the Department has considered the comments received from the public. The Committees and IRRC had no objections, comments or suggestions to offer on these amendments.
These final-form regulations were deemed approved by the House and Senate Committees on July 20, 1998. IRRC met on July 30, 1998, and approved the final-form regulations in accordance with section 5(c) of the Regulatory Review Act.
J. Findings of the Board
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period and public hearings were provided as required by law and all comments were considered.
(3) These final-form regulations do not enlarge the purpose of the proposal published at 27 Pa.B. 3058.
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of the Preamble and are reasonably necessary to achieve and maintain the National Ambient Air Quality Standards.
K. Order of the Board
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapters 128, 129, 131 and 139, are amended by amending §§ 129.56, 129.67, 131.3 and 139.32 and deleting §§ 128.11--128.20, 128.22 and 129.70 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Chairperson shall submit this order and Annex A to IRRC and the Senate and House Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(e) This order shall take effect immediately upon publication.
JAMES M. SEIF,
Chairperson
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 4007 (August 15, 1998).)
Fiscal Note: Fiscal Note 7-317 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF
NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 128. ALTERNATIVE EMISSION REDUCTION LIMITATIONS
SPECIFIC LIMITATIONS
§ 128.11--128.20. (Reserved).
§ 128.22. (Reserved).
CHAPTER 129. STANDARDS FOR SOURCES
SOURCES OF VOCs
§ 129.56. Storage tanks greater than 40,000 gallons capacity containing VOCs.
* * * * *
(h) If a failure is detected during inspections required in this section, the owner or operator, or both, shall repair the items or empty and remove the storage vessel from service within 45 days. If this failure cannot be repaired within 45 days and if the vessel cannot be emptied within 45 days, a 30-day extension may be requested from the Department. A request for an extension shall document that alternate storage capacity is unavailable and specify a schedule of actions the owner or operator will take that will assure that the equipment will be repaired or the vessel will be emptied as soon as possible but within the additional 30-day time requested.
§ 129.67. Graphic arts systems.
(a) This section applies to facilities whose rotogravure and flexographic printing presses by themselves or in combination with a surface coating operation subject to § 129.52 (relating to surface coating processes) have the potential to emit or have emitted VOCs into the outdoor atmosphere in quantities greater than 1,000 pounds (460 kilograms) per day or 100 tons (90,900 kilograms) per year during any calendar year since January 1, 1987.
(b) A person may not permit the emission into the outdoor atmosphere of VOCs from a rotogravure or flexographic printing press subject to this section unless one of the following limitations is met:
(1) The volatile fraction of the ink, as applied to the substrate, contains 25% or less by volume of VOC and 75% or more by volume of water.
(2) The ink, as applied to the substrate, less water, contains 60% by volume or more of solid material.
(3) The owner or operator installs and operates a carbon adsorption system, an incineration system or an alternative VOC emission reduction system which recovers or destroys at least 90% of the VOCs entering the system. The overall level of emission recovery or destruction may not be less than that necessary to comply with subsection (c).
(c) A capture system shall be used in conjunction with the emission control systems in subsection (b)(3). The design and operation of the capture and control system shall be consistent with good engineering practice and shall be designed to provide for a contemporaneous, overall reduction in VOC emission from each ink/press of at least the following:
(1) Seventy-five percent where a publication rotogravure process is employed.
(2) Sixty-five percent where another rotogravure process is employed.
(3) Sixty percent where a flexographic printing process is employed.
(d) Presses used only to check the quality of the image formation of newly etched or engraved printing cylinders are exempted from this section if the aggregate emissions from the presses do not exceed 400 pounds in a 30-day running period.
(e) To determine applicability under this section, emissions of VOCs used in clean-up operations shall be summed with emissions from surface coating and printing.
§ 129.70. (Reserved).
CHAPTER 131. AMBIENT AIR QUALITY STANDARDS
§ 131.3. Ambient air quality standards.
The following standards apply and, unless otherwise stated, are maximum values that may not be exceeded:
| Concentrations Averaged Over |
|---|
| Contaminant | 1-Year | 30-Days | 24-Hours | 1-Hour |
|---|
| Settled particulate (total) | .8 mg./cm.2/mo. | 1.5 mg./cm.2/mo. | -- | -- |
| Beryllium | -- | .01 µg./m.3 | -- | -- |
| Fluorides (total soluble, as HF) | -- | -- | 5 µg./m.3 | -- |
| Hydrogen sulfide | -- | -- | .005 p.p.m. | .1 p.p.m. |
CHAPTER 139. SAMPLING AND TESTING
Subchapter A. SAMPLING AND TESTING METHODS AND PROCEDURES
AMBIENT LEVELS OF AIR CONTAMINANTS
§ 139.32. Sampling and analytical procedures.
(a) Sampling and analytical techniques which may be used directly or employed as reference standards against which other methods may be calibrated shall be as follows:
| Contaminant | Sampling Method | Analytical Method |
|---|
| Settled particulates (total) | Open top cylinder (6) | Gravimetric (6) |
| Beryllium | High-volume filtration (7) | Spectrographic (7) |
| Flourides (total soluble, as HF) | Filtration plus gas absorption (9) | Thorium-alizarin lake titration (9) |
| Hydrogen sulfide | Gas absorption (18) | Methylene blue method (18) |
(b) The numbers following the reference standards in subsection (a) refer to the references contained in § 139.4 (relating to references).
[Pa.B. Doc. No. 98-1441. Filed for public inspection September 4, 1998, 9:00 a.m.]
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