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PA Bulletin, Doc. No. 00-339



[25 PA. CODE CHS. 123 AND 145]

Interstate Ozone Transport Reduction; Advance Notice of Final Rulemaking

[30 Pa.B. 1135]

   The Department of Environmental Protection (Department) is reopening the comment period on changes it recommends be made to the draft final regulatory revisions establishing the Interstate Ozone Transport Reduction Program. A notice of availability of these draft changes and an opportunity to comment were published at 30 Pa.B. 399 (January 22, 2000).

   The draft final regulation establishes a program to limit the emission of nitrogen oxides (NOx) from fossil fired combustion units with rated heat input capacity of greater than 250 MMBtu per hour and electric generating facilities of greater than 25 megawatts. This program, which is scheduled to begin in 2003, would replace the existing NOx allowance requirements contained in Chapter 123 and would be applicable to facilities located in this Commonwealth and each State that significantly contributes to ozone nonattainment in this Commonwealth.

A.  Summary of Advance Notice of Final Rulemaking Changes

   The draft final regulations do not include the proposed ''Subchapter B. Emissions of NOx From Stationary Reciprocating Internal Combustion Engines'' or ''Subchapter C. Emissions of NOx From Cement Manufacturing Provisions'' contained in the proposed rulemaking (§§ 145.101--145.144). The Department is not planning to finalize these chapters at this time. Only the NOx Budget Trading Program contained in Chapter 145, Subchapter A is being published for additional comment herewith (§§ 145.1--145.100).

   A number of significant changes have been made to the NOx Budget Trading Program. The significant changes are described in the following. A number of other technical amendments have also been made to the proposed rule.

   One of the most significant changes to the proposed rule is the addition of § 145.100 (relating to applicability to upwind States). The Department made this change in response to comments. This section makes the NOx Budget Trading Program applicable to facilities located in states that significantly contribute to ozone nonattainment in the Commonwealth. The only way for the Commonwealth to achieve the 1-hour NAAQS for ozone is to require those polluting the air in the Commonwealth to participate in the NOx Budget Trading Program regardless of whether the source is located in the Commonwealth or another state. Consequently, NOx Budget Units located in the states of Ohio, West Virginia, Virginia, Maryland, Delaware, New Jersey, New York, North Carolina and Washington, D.C. are included within the regulatory program established by the Department. Compliance by facility owners and operators with the remedy established by EPA under section 126 of the Clean Air Act is an alternative with compliance to the Department's program. Facilities located in each of the states listed in the Department's draft final regulation are subject to emission limitations established by EPA under section 126 of the Clean Air Act. Full implementation of an approved SIP to reduce interstate transport is also an alternative to compliance with the requirements of the Department's regulations. Because this provision of the draft final regulations raises a number of complicated legal and policy issues, the Department has prepared a more in depth evaluation of those issues in a document entitled ''Interstate Pollution Transport Reductions Assuring All States Do Their Fair Share.'' A copy of that document is available upon request from J. Wick Havens.

   The draft final regulations has been modified to be consistent with the emission limitations established by the EPA in response to Petitions submitted by this Commonwealth and three other states under section 126 of the Clean Air Act. This includes modifications to the applicability provisions of § 145.4, the State trading program budget established under § 145.40, the timing requirements in § 145.41, the NOx allowance allocations is § 145.42 and the provisions related to the compliance supplement pool in § 145.43.

   The Department has eliminated references to permitting requirements in the draft final regulations. The draft final regulations continues to describe the process that the Department will use to establish State NOx budgets and allocate those budgets to individual facilities. The Department will publish notice of the state budgets and NOx allocations in the Pennsylvania Bulletin under §§ 145.40(d) and 145.42(i).

B.  Public Hearings

   The Department will hold three public hearings for the purpose of accepting comments on the draft final revisions. The hearings will be held at 1 p.m. as follows:

March 22, 2000 Department of Environmental Protection
Southwest Regional Office
Monongahela Room
400 Waterfront Drive
Pittsburgh, PA
March 23, 2000 Department of Environmental Protection
Southeast Regional Office
Main Conference Room
Suite 6010, Lee Park
555 North Lane
Conshohocken, PA
March 24, 2000 Department of Environmental Protection
Southcentral Regional Office
Codorus Room
909 Elmerton Avenue
Harrisburg, PA

   Persons wishing to present testimony at the hearings must contact Connie Cross at the Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468 or by telephone (717) 787-4310 at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony will be limited to 10 minutes for each witness and three written copies of the oral testimony are requested to be submitted at the hearing. Each organization is requested to designate one witness to present testimony on its behalf.

   Persons with a disability who wish to attend the hearings and require an auxiliary aid, service or other accommodation to participate should contact Connie Cross at (717) 787-4310 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) to discuss how the Department may accommodate their needs.

C.  Contact Persons

   For further information or to request a copy of the draft final regulation contact J. Wick Havens, Chief, Division of Air Resource Management, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-4310 or M. Dukes Pepper, Jr., Assistant Director, Bureau of Regulatory Counsel, 9th Floor, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464 (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). The draft final regulations are available electronically through the Department website (

D.  Submitting Comments

   Written comments should be addressed to J. Wick Havens, Chief, Division of Air Resource Management, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468. Comments may also be transmitted electronically to If the sender does not receive an acknowledgment of electronic comments within 2 working days, the comment should be resubmitted to ensure receipt. Comments must be received by March 27, 2000. A subject heading of the proposal and a return name and address must be included in each letter or transmission. Comments will not be accepted by facsimile or voice mail.


[Pa.B. Doc. No. 00-339. Filed for public inspection February 25, 2000, 9:00 a.m.]

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