[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]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5990-3 ]


Delegation of National Emission Standards for Hazardous Air 
Pollutants; Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Information notice.

-----------------------------------------------------------------------

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]
BILLING CODE 6560-50-P