NOTICES
Control Measures under Consideration by the Ozone Transport Commission; Public Comment Period
[42 Pa.B. 1471]
[Saturday, March 17, 2012]The Department of Environmental Protection (Department) is seeking comments on control measures under consideration by the Ozone Transport Commission (Commission) for the attainment and maintenance of the ozone National Ambient Air Quality Standards (NAAQS). This public comment period is consistent with section 7.4 of the Air Pollution Control Act (35 P. S. § 4007.4), which requires an opportunity for public review and comment of recommendations for additional control measures prior to final action by the Commission.
The Commission, a multi-state organization created under sections 176A and 184 of the Clean Air Act (42 U.S.C.A. §§ 7506a and 7511c), is authorized to develop recommendations for additional control measures to mitigate the transport of ozone and its precursors in the Ozone Transport Region (OTR) established by operation of law. In addition to the Commonwealth, OTR is comprised of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, northern Virginia and the District of Columbia.
The Commission has issued a charge to the mobile, stationary and area source and modeling committees to identify control measures and develop model rules, if necessary, for consideration by the Commission to reduce ozone and its precursors, volatile organic compounds (VOCs) and nitrogen oxides (NOx). The Commission may consider final action during its annual meeting on May 24, 2012. The adoption of memoranda of understanding, resolutions or other actions would commit the signatory states to pursue the adoption and implementation of the following control measures:
• Updated controls to reduce VOCs from consumer products
• Updated controls to reduce VOCs from industrial degreasing operations
• Limits on idling of nonroad diesel vehicles and equipment to reduce NOx
The Commission is also conducting a public comment period on potential control measures. The Department will also review stakeholder comments submitted to the Commission on the proposed measures and will also consider those comments prior to final Commission action on the proposed control measures.
Materials describing the potential control measures can be found on the Department's web site at www.dep. state.pa.us, choose ''Air Quality.'' Additional materials can be found at the commission web site, www.otcair.org, choose ''Meetings.''
Written comments should be sent to Arleen Shulman, Chief, Division of Air Resource Management, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468 or ashulman@pa.gov and must be received by April 18, 2012. The Department will consider and retain all comments, but will not prepare a comment and response document.
Adoption by the commission of any of the NOx and VOC measures is considered a commitment by signatory states to pursue legislative or regulatory action to adopt and implement these measures. Any control measure proposed for promulgation in this Commonwealth would be subject to the Commonwealth's notice and comment rulemaking process under the act of July 31, 1968 (P.L. 769, No. 240) (45 P. S. §§ 1102—1208), known as the Commonwealth Documents Law, Regulatory Review Act (71 P. S. §§ 745.1—745.12) and Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506).
MICHAEL L. KRANCER,
Secretary
[Pa.B. Doc. No. 12-493. Filed for public inspection March 16, 2012, 9:00 a.m.]
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