Delegation of National Emission Standards for Hazardous Air Pollutants; Pennsylvania

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,

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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.,

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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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