NOTICES
DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Proposed State Implementation Plan Revision; Attainment Demonstration for the Indiana, PA Nonattainment Area for the 2010 Sulfur Dioxide National Ambient Air Quality Standard; Public Hearing
[53 Pa.B. 2123]
[Saturday, April 15, 2023]The Department of Environmental Protection (Department) is seeking public comment on a proposed State Implementation Plan (SIP) revision which demonstrates how the Indiana nonattainment area (Indiana Area) will attain the 2010 1-hour National Ambient Air Quality Standard (NAAQS) for Sulfur Dioxide (SO2). Short-term exposure to SO2 has been linked to adverse respiratory conditions in humans.
On June 22, 2010, the United States Environmental Protection Agency (EPA) promulgated a revised primary NAAQS for SO2 of 75 parts per billion, which went into effect on August 23, 2010 (75 FR 35520). On August 5, 2013, the EPA designated four areas in this Commonwealth as nonattainment for the 2010 1-hour SO2 NAAQS, including the Indiana Area (78 FR 47191). The Indiana Area includes all of Indiana County and the municipalities of Plumcreek Township, South Bend Township and Elderton Borough in Armstrong County.
On October 19, 2020 (85 FR 66240), the EPA published a final rulemaking, effective November 18, 2020, approving the Pennsylvania SO2 attainment plan for the Indiana Area (2020 Final Rule). As a result of litigation challenging the EPA's 2020 Final Rule in Sierra Club v. EPA, 3d Cir., Case No. 20-3568, the United States Court of Appeals for the Third Circuit granted the EPA's motion for remand without vacatur and ordered the EPA to take final action no later than August 17, 2022. On March 17, 2022 (87 FR 15166), the EPA reconsidered the October 2020 Final Rule and proposed converting its approval of Pennsylvania's 2010 SO2 Indiana Area Attainment Plan into a partial approval and partial disapproval (2022 Proposed Rule). On August 18, 2022 (87 FR 50778), the EPA published a final rulemaking partially approving and partially disapproving the Commonwealth's 2010 SO2 Indiana Area Attainment Plan (2022 Final Rule). The 2022 Final Rule, effective September 19, 2022, retained the EPA's previous approval of the emission inventory and nonattainment New Source Review program requirements and disapproved the dispersion modeling attainment demonstration, RACM/RACT requirements, RFP requirements and contingency measures (87 FR 50779).
The proposed SIP revision addresses the requirements for an approvable SIP revision as set forth in sections 110, 172, 191 and 192 of the Clean Air Act (42 U.S.C.A. §§ 7410, 7502, 7514 and 7514a) and 40 CFR § 51.102 (relating to public hearings), including reasonable further progress toward attainment, installation of reasonably available control measures/technology, dispersion modeling demonstrating attainment in 2023 and contingency measures. After consideration of comments received from the public, the Department will finalize and submit the Indiana, PA SO2 SIP revision to the EPA for approval and to revise the SIP.
The proposed 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 this proposed SIP revision on Wednesday, May 24, 2023, at 10:30 a.m. at the Indiana Free Library, 845 Philadelphia Street, Indiana, PA 15701. Persons wishing to present testimony should contact Amanda Rodriguez at P.O. Box 8468, Harrisburg, PA 17105, (717) 787-7677 or amarodrigu@pa.gov 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 a hearing and require an auxiliary aid, service or other accommodation to participate in the proceeding should contact Amanda Rodriguez at amarodrigu@pa.gov or (717) 787-7677. 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 Thursday May 25, 2023. 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 ''Indiana 2010 SO2'' as the subject line in written communication.
RICHARD NEGRIN,
Acting Secretary
[Pa.B. Doc. No. 23-501. Filed for public inspection April 14, 2023, 9:00 a.m.]
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