PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 127]
Permit Streamlining
[37 Pa.B. 1317]
[Saturday, March 24, 2007]The Environmental Quality Board (Board) proposes to amend Chapter 127 (relating to construction, modification, reactivation and operation of sources) to read as set forth in Annex A.
This notice is given under the Board's order at its meeting of January 17, 2007.
A. Effective Date
These amendments will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact John Slade, Chief, Division of Permits, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 783-9476; or Robert ''Bo'' Reiley, Assistant Counsel, Bureau of Regulatory Counsel, 9th Floor, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060.
Information regarding submitting comments on this proposed rulemaking appears in Section J of this preamble. Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department of Environmental Protection's (Department) website: www.depweb.state.pa.us.
C. Statutory Authority
This rulemaking is proposed under the authority in section 5(a)(1) of the Air Pollution Control Act (APCA) (35 P. S. § 4005(a)(1)), which grants to the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution and section 6.1(b.3) of the APCA (35 P. S. § 4006.1(b.3)), which requires the Board by regulation to establish adequate, streamlined and reasonable procedures for expeditiously determining when applications are complete and for expeditious review of applications.
D. Background and Summary
As part of an effort to streamline the air quality permitting process, the Department investigated ways to reduce the plan approval application time, reduce unnecessary costs to industry and continue to ensure that citizens receive adequate notice of potential plan approval/permitting actions to enable timely comment on issues of public concern. The Department wants to employ faster response times for minor permitting actions for needed product improvements, which allows industry to be responsive to free market changes, while at the same time ensuring that those changes do not degrade existing air quality. In addition, the Department wanted to ensure that the permit streamlining effort benefited the Department, as well, by allowing it to focus scarce administrative resources on evaluating major source permit applications that will likely have significant environmental impacts. As part of this effort, the Department proposes amendments to extend the authorization of a source to temporarily operate to facilitate shake-down and to revise the public notice provisions which address receipt of applications for plan approval and intent to issue certain plan approvals. In addition, the Department is proposing provisions regarding completeness criteria for applications for plan approval. The Department believes that these proposed amendments will continue to protect air quality, allow business to respond to market changes and allow for adequate public participation.
The Department worked with the Air Quality Technical Advisory Committee (AQTAC) in the development of this proposed rulemaking. At its March 13, 2006, meeting, the AQTAC recommended that the Board consider the proposed amendments in the near future.
E. Summary of Regulatory Revisions
Section 127.12b (relating to plan approval terms and conditions) is proposed to be amended to extend from 120 to 180 days the duration for temporary ''shake-down'' operation of new equipment subject to the plan approval requirements.
New § 127.12d (relating to completeness determination) sets forth the criteria the Department will use to determine if an application for plan approval is complete.
Section 127.44 (relating to public notice) is proposed to be amended to, among other things, require the Department to publish in the Pennsylvania Bulletin a notice of receipt and intent to issue certain minor plan approvals.
Section 127.45 (relating to contents of notice) is proposed to be amended to make certain corrections to the text related to clarity.
Section 127.48 (relating to conferences and hearings) is proposed to be amended to require, in certain instances, that the Department publish notice of hearings or conferences in a newspaper of general circulation and the Pennsylvania Bulletin.
F. Benefits, Costs and Compliance
Benefits
Overall, the citizens of this Commonwealth will benefit from this proposed rulemaking because the Department will be able to focus scarce administrative resources on evaluating major source permit applications that will likely have significant environmental impacts. In addition, the proposed amendments will allow industry to be responsive to free market changes while at the same time ensuring that those changes do not degrade existing air quality.
Compliance Costs
This proposed rulemaking will reduce the operating costs of industry through enhanced operational flexibility.
Compliance Assistance
The Department plans to educate and assist the public and regulated community with understanding newly revised requirements and how to comply with them. This will be accomplished through the Department's ongoing Regional Compliance Assistance Program.
Paperwork Requirements
The proposed amendments will not increase the paperwork that is already generated during the normal course of business.
G. Pollution Prevention
The Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101--13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. This proposed rulemaking will allow industry to be responsive to free market changes, while at the same time ensuring that those changes do not degrade existing air quality.
H. Sunset Review
The regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations 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 March 9, 2007, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
J. Public Comments
Written comments. Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be postmarked by May 25, 2007. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be postmarked May 25, 2007. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form rulemaking will be considered.
Electronic comments. Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by May 25, 2007. A subject heading of the proposal and a return name and address must be included in each transmission.
K. Public Hearings
The Board will hold three public hearings for the purpose of accepting comments on this proposal. The hearings will be held as follows:
April 24, 2007
1 p.m.Department of Environmental Protection
Southwest Regional Office
Waterfront A and B Conference Room
400 Waterfront Drive
Pittsburgh, PA 15222April 24, 2007
1 p.m.Department of Environmental Protection
Southeast Regional Office
Delaware Room
2 East Main Street
Norristown, PA 19401
April 24, 2007
1 p.m.Department of Environmental Protection
Rachel Carson State Office Building Room 105
400 Market Street
Harrisburg, PA 17105Persons wishing to present testimony at a hearing are requested to contact the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526 at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
KATHLEEN A. MCGINTY,
ChairpersonFiscal Note: 7-408. No fiscal impact; (8) recommends adoption.
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 B. PLAN APPROVAL REQUIREMENTS § 127.12b. Plan approval terms and conditions.
* * * * * (d) The plan approval shall authorize temporary operation to facilitate shakedown of sources and air cleaning devices, to permit operations pending issuance of a permit under Subchapter F (relating to operating permit requirements) or Subchapter G (relating to Title V operating permits) or to permit the evaluation of the air contamination aspects of the source. This temporary operation period will be valid for a limited time, not to exceed 180 days, but may be extended for additional limited periods, each not to exceed [120] 180 days.
* * * * * § 127.12d. Completeness determination.
(a) The Department will determine if an application for plan approval is administratively complete and will provide written notice of the completeness determination to the applicant.
(b) For purposes of this section, an application is administratively complete if it contains the necessary information, maps, fees and other documents, regardless of whether the information, maps and documents would be sufficient to justify issuance of the plan approval.
(c) If the Department determines that the application is not administratively complete, the Department will return the application and fees to the applicant, along with a written statement of the specific information, maps, fees and documents that are required to make the application administratively complete.
§ 127.44. Public notice.
(a) The Department will publish in the Pennsylvania Bulletin a notice of receipt and intent to issue for each plan approval application, except plan approval applications subject to the notice requirements of subsection (b). The notice of receipt and intent to issue must include the following:
(1) The name and address of the applicant.
(2) The location and name of the plant or facility at which the construction, modification, reactivation or installation is proposed.
(3) A brief description of the proposed action, including a general description of the equipment to be installed or modified along with the anticipated pollutant emission increases or decreases.
(4) The name and telephone number of a person to contact for additional information.
(5) The location of the regional office where the application will be reviewed.
(b) The Department will prepare a notice of action to be taken on applications for plan approvals for the following:
* * * * * (5) [Other sources required to obtain plan approval.
(6)] Other sources, including synthetic minor permit applications, for which the Department has determined there is substantial public interest or for which the Department invites public comment.
[(b)] (c) The notice required by subsection [(a)] (b)(1)--(4) will be completed and sent to the applicant, the EPA, any state within 50 miles of the facility and any state whose air quality may be affected and that is contiguous to this Commonwealth. The applicant shall, within 10 days of receipt of notice, publish the notice on at least 3 separate days in a prominent place and size in a newspaper of general circulation in the county in which the source is to be located; proof of the publication shall be filed with the Department within 1 week thereafter. A plan approval will not be issued by the Department in the event of failure by the applicant to submit the proof of publication.
[(c)] (d) If the Department denies a plan approval, the requirements of subsection [(b)] (c) do not apply. Written notice of a denial will be given to requestors and to the applicant in accordance with § 127.13c (relating to notice of basis for certain plan approval decisions).
[(d)] (e) In each case, the Department will publish notices required in [subsection (a)] this section in the Pennsylvania Bulletin.
[(e)] (f) The notice will state, at a minimum, the following:
* * * * * (3) Plan approvals issued to sources identified in subsection [(a)] (b)(1)--(4) or plan approvals issued to sources with limitations on the potential to emit may become part of the SIP and will be submitted to the EPA for review and approval.
§ 127.45. Contents of notice.
The [notice] notices of proposed plan approval issuance required by § 127.44[(a)](b) (relating to public notice) [shall] must include the following:
* * * * * (2) The location and name of the plant or facility at which construction [or], modification or installation is [taking place] proposed.
* * * * * (5) [The] A brief description of the conditions being placed in the plan approval [and a brief description of the reasons for including these conditions] with reference to applicable State and Federal requirements.
(6) A description of the procedures for reaching a final decision on the proposed plan approval action including:
(i) The ending date for the receipt of written comments or written protests.
* * * * * § 127.48. Conferences and hearings.
* * * * * (b) The applicant, the protestant, commentators and other participants will be notified of the date, time, place and purpose of a conference or hearing, in writing or by publication in a newspaper [or] of general circulation in the county in which the source is to be located and the Pennsylvania Bulletin, except [where] when the Department determines that notification by telephone will be sufficient.
[Pa.B. Doc. No. 07-492. Filed for public inspection March 23, 2007, 9:00 a.m.]
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