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PA Bulletin, Doc. No. 23-1123

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Proposed State Implementation Plan Revision; Basic Vehicle Inspection and Maintenance Program Certification for the Philadelphia, PA Moderate Nonattainment Area for the 2015 Ozone National Ambient Air Quality Standard; Public Hearing

[53 Pa.B. 5250]
[Saturday, August 19, 2023]

 The Department of Environmental Protection (Department) is seeking public comment on a proposed State Implementation Plan (SIP) revision which fulfills the basic Vehicle Emissions Inspection and Maintenance (I/M) program certification requirement in the Philadelphia Area, which is the Commonwealth's part of the larger multi-state Philadelphia-Wilmington-Atlantic City nonattainment area for the 2015 8-hour Ozone National Ambient Air Quality Standards (NAAQS). The Philadelphia Area includes all of Bucks, Chester, Delaware, Montgomery and Philadelphia Counties.

 On October 26, 2015, the United States Environmental Protection Agency (EPA) promulgated a revised primary and secondary Ozone NAAQS of 70 parts per million, which went into effect on August 3, 2018 (80 FR 65292). On June 4, 2018, the EPA designated the Philadelphia-Wilmington-Atlantic City Area as ''marginal'' nonattainment, including the Philadelphia Area for the 2015 8-hour Ozone NAAQS (83 FR 25776). Short-term exposure to ozone has been linked to adverse respiratory conditions in humans.

 On October 7, 2022, the EPA published a final rule entitled ''Determinations of Attainment by the Attainment Date, Extensions of the Attainment Date, and Reclassification of Areas Classified as Marginal for the 2015 Ozone National Ambient Air Quality Standards,'' which determined whether certain areas achieved levels of ground-level ozone pollution to meet the 2015 Ozone NAAQS by the attainment date of August 3, 2021 (87 FR 60897). The EPA's final rule determined that the Philadelphia-Wilmington-Atlantic City Area failed to attain the 2015 Ozone NAAQS by the applicable attainment date for ''marginal'' areas and reclassified this area to ''moderate'' nonattainment (87 FR 60898). This multi-state nonattainment area, including the Philadelphia Area, is now required to attain the 8-hour ozone standard by August 3, 2024 (87 FR 60903). Furthermore, the Department must develop a revision to the Commonwealth's SIP to fulfill the Federal Clean Air Act (CAA) planning requirements for moderate nonattainment areas. Among these, the Department must submit to the EPA a certification that the Commonwealth's existing ''enhanced'' vehicle I/M program in the Philadelphia Area meets the ''basic'' standard of performance required for I/M programs in the reclassified moderate ozone nonattainment areas.

 This proposed SIP revision fulfills the basic I/M program certification requirement under CAA section 182(b) (42 U.S.C. § 7511a(b)) consistent with the EPA I/M regulations at 40 CFR Part 51, Subpart S (relating to inspection/maintenance program requirements) for the Commonwealth portion of the ''moderate'' Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE Nonattainment Area, and will be submitted by the Department to the EPA as a revision to the Commonwealth's SIP when final.

 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 September 19, 2023, at 2 p.m. at the Southeast Regional Office, 2 East Main Street, Norristown, PA 19401. 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 Wednesday, September 20, 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 ''I/M Cert Philadelphia 2015 Ozone'' as the subject line in written communication.

RICHARD NEGRIN, 
Secretary

[Pa.B. Doc. No. 23-1123. Filed for public inspection August 18, 2023, 9:00 a.m.]


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