[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Notices]
[Pages 27955-27957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13618]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5990-3 ]
Delegation of National Emission Standards for Hazardous Air
Pollutants; Pennsylvania
AGENCY: Environmental Protection Agency (EPA).
ACTION: Information notice.
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SUMMARY: The purpose of this notice is to announce that on January 5,
1998, EPA granted the Commonwealth of Pennsylvania's request for
partial delegation of the National Emission Standards for Hazardous Air
Pollutants (NESHAPs), and associated infrastructure programs. This
request for partial delegation of authority only pertains to affected
sources of hazardous air pollutants (HAPs), for all source categories
which are located at major sources. EPA granted the delegation with
certain restrictions. The restrictions involve EPA's retainment of
certain authorities including: implementation and enforcement of
standards that control radionuclides or that apply to an area source
which is not located at a major source, implementation and enforcement
of an accidental release program, approvals of alternative means of
limiting emissions, alternative control technologies, alternative test
methods, alternative monitoring methods; and the authority to make
certain applicability determinations. In addition, certain provisions
will be delegated only on a case-by-case basis and require notification
by the Pennsylvania Department of Environmental Protection (PADEP) to
EPA. These provisions include: approvals of compliance extensions,
site-specific test plans, performance evaluation plans; approvals of
minor alternatives to test methods, monitoring, and shorter sampling
times/volumes; and waivers of performance testing and record keeping.
EFFECTIVE DATES: The effective date of the delegation authority is
January 5, 1998.
ADDRESSES: Copies of the requests for delegation of authority and EPA's
letters of delegation are available for public inspection at EPA's
Region III Office, 841 Chestnut Bldg., Philadelphia, PA 19107; PADEP's
Central Office, the PADEP regional offices, the Allegheny County Bureau
of Air Pollution Control office and the Philadelphia Air Management
Services office during normal business hours. The addresses of these
offices are provided below. Effective immediately, all notifications,
[[Page 27956]]
requests, applications, reports and other correspondence required
pursuant to 40 CFR part 63 for major sources, as defined in 40 CFR part
70, to be sent to the Administrator should be submitted to EPA Region
III office and, with respect to sources located in listed counties, to
the following addresses. Although, by this delegation, PADEP is the
sole agency authorized to implement and enforce the 40 CFR part 63
standards, Allegheny County Bureau of Air Pollution Control and
Philadelphia Air Management Services will serve as agents to PADEP for
the receipt of all notifications, requests, applications, reports and
other correspondence required pursuant to 40 CFR part 63 for major
sources, as defined in 40 CFR part 70 for Allegheny County and
Philadelphia County, respectively. Allegheny County Bureau of Air
Pollution Control and Philadelphia Air Management Services will notify
PADEP's Central Office of the receipt of this information for proper
implementation and enforcement.
PADEP Central Office--Rachel Carson State Office Building, 400 Market
Street, 12th Floor, Harrisburg, PA 17105-8468, Telephone: 717-787-9702,
Contact: Permit Chief
PADEP Region I-Southeast Regional Office, Lee Park--Suite 6010, 555
North Lane, Conshohocken, PA 19428, Telephone: 610-832-6242,Contact:
Program Manager Counties: Bucks, Chester, Delaware, Montgomery
PADEP Region II-Northeast Regional Office, Two Public Square, Wilkes-
Barre, PA 18711-0790, Telephone: 717-826-253, Contact: Program Manager,
Counties: Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton,
Pike, Schuylkill, Susquehanna, Wayne, Wyoming
PADEP Region III-Southcentral Regional Office, One Ararat Boulevard,
Harrisburg, PA 17110, Telephone: 717-657-4587, Contact: Program
Manager, Counties: Adams, Bedford, Berks, Blair, Cumberland, Dauphin,
Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin,
Perry, York
PADEP Region IV-Northcentral Regional Office, 208 West 3rd Street,
Suite 101, Williamsport, PA 17701, Telephone: 717-327-3637, Contact:
Program Manager Counties: Bradford, Cameron, Centre, Clearfield,
Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder,
Sullivan, Tioga, Union
PADEP Region V-Southwest Regional Office, 400 Waterfront Drive,
Pittsburgh, PA 15222-4745, Telephone 412-442-4174, Contact: Program
Manager, Counties: Armstrong, Beaver, Cambria, Fayette, Greene,
Indiana, Somerset, Washington, Westmoreland
PADEP Region VI-Northwest Regional Office, 230 Chestnut Street,
Meadville, PA 16335-3481, Telephone 814-332-6940, Contact: Program
Manager, Counties: Butler, Clarion, Crawford, Elk, Erie, Forest,
Jefferson, Lawrence, McKean, Mercer, Venango, Warren
Allegheny County--Allegheny County Health Department, Plan Review
Section, Bureau of Air Pollution Control, 301 39th Street, Pittsburgh,
PA 15201, Telephone 412-578-8111
Philadelphia County--Department of Public Health, Air Management
Services, 321 University Avenue, Spelman Building, Philadelphia, PA
19104, Telephone 215-823-7584
FOR FURTHER INFORMATION CONTACT: Dianne J. Walker, Permit and Technical
Assessment Section (3AP11), Air Protection Division, EPA Region III,
841 Chestnut Street, Philadelphia, PA 19107, Telephone: 215-566-3297.
SUPPLEMENTARY INFORMATION: Section 112(l) of the Clean Air Act, as
amended November 15, 1990, and 40 CFR part 63, subpart E, authorizes
EPA to delegate authority to any state agency which submits adequate
regulatory procedures for implementation and enforcement of emission
standards of hazardous air pollutants.
On February 13, 1996, the Pennsylvania Department of Environmental
Protection (PADEP) requested partial delegation of authority to
implement and enforce the National Emission Standards for Hazardous Air
Pollutants (NESHAPs) and associated infrastructure programs, pursuant
to section 112 of the Clean Air Act (CAA), as set forth in 40 CFR part
63. This request was made in the CAA Title V Operating Permits Program
Implementation Agreement which was negotiated between PADEP and EPA.
This request for partial delegation of authority only pertains to
affected sources of hazardous air pollutants (HAPs), as defined in 40
CFR part 63, for all source categories which are located at major
sources, as defined in 40 CFR part 70.
On July 30, 1996, EPA approved PADEP's Title V Operating Permits
Program. Requirements for approval, specified in 40 CFR 70.4(b),
encompass CAA section 112(l)(5) requirements for approval of a program
for delegation of CAA section 112 standards as promulgated by EPA as
they apply to 40 CFR part 70 sources. Section 112(l)(5) requires that
the State's program contain adequate authorities, adequate resources
for implementation and an expeditious compliance schedule for enforcing
standards, which are also requirements under 40 CFR part 70. Therefore,
as part of the Title V Operating Permits Program approval, EPA also
promulgated full approval under CAA section 112(l)(5) and 40 CFR 63.91
of the State's program for receiving delegation of the CAA section 112
standards that are unchanged from Federal standards as promulgated in
40 CFR part 63. This program for delegation only applies to sources
covered by the 40 CFR part 70 program.
On January 5, 1998, the Environmental Protection Agency granted the
request for partial delegation with certain restrictions. The following
authorities will be retained by EPA Region III: (1) implementation and
enforcement of standards that control radionuclides (40 CFR
63.12(b)(1)); (2) implementation and enforcement of standards that
apply to an area source, as defined in 40 CFR 63.2, which is not
located at a major source, as defined in 40 CFR part 70; (3)
implementation and enforcement of an accidental release program, as
defined in CAA section 112(r) and 40 CFR part 68; (4) approval of
alternative means of emission limitations and alternative control
technologies; (5) approval of alternative test methods; (6) approval of
alternative monitoring methods; and, (7) the authority to make certain
applicability determinations, as required by formal requests from
owners or operators of facilities or the public. In addition, certain
provisions of 40 CFR part 63 are delegated on a case-by-case basis to
PADEP and require PADEP to notify U.S. EPA Region III, in writing.
These provisions include: (1) compliance extensions; (2) approval of
site-specific test and performance evaluation plans; (3) approval of
minor alternatives to test methods and monitoring; (4) approval of
shorter sampling times/volumes; (5) waiver of performance testing and,
(6) waiver of record keeping. As of January 5, 1998, PADEP has primary
authority to enforce the standards in 40 CFR part 63 for CAA part 70
sources, however, EPA will retain independent enforcement authority.
Pennsylvania has adopted by reference all existing NESHAPs and the
corresponding amendments and revisions into 25 Code 127.35. Because
PADEP will automatically incorporate by reference all future 40 CFR
part 63 NESHAPs and all future amendments and revisions into 25 Code
127.35, this delegation will be automatic (i.e.,
[[Page 27957]]
delegation is granted upon Federal promulgation of a standard,
amendment or revision).
If the Administrator determines that Pennsylvania cannot adequately
implement or enforce the requirements of 40 CFR part 63, this
delegation may be revoked in whole or in part.
EPA hereby notifies the public that it has partially delegated the
authority for implementation and enforcement of the NESHAPs, pursuant
to 40 CFR part 63, as outlined above, to the Pennsylvania Department of
Environmental Protection.
The Office of Management and Budget has exempted this action
informing the public of partial delegation of NESHAPS to PADEP, as
outlined above, from Executive Order 12688 review. This notice is
issued under the authority of sections 101, 110, 112 and 301 of the
Clean Air Act, as amended (42 U.S.C. 7401, 7410, 7412, 7601).
Dated: March 18, 1998.
Thomas Voltaggio,
Acting Regional Administrator, EPA Region III.
[FR Doc. 98-13618 Filed 5-20-98; 8:45 am]
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