336 Notice to rescind technical guidance and notice of intent to reopen the public comment period on the Air Quality Exemption List and the general plan approval and/or general operating permit for nonroad engines

Notice to Rescind Technical Guidance and Notice of Intent to Reopen the Public Comment Period on the Air Quality Exemption List and the General Plan Approval and/or General Operating Permit for Nonroad Engines

[41 Pa.B. 1066]
[Saturday, February 26, 2011]

 The Department of Environmental Protection (Department) is taking three separate actions: Notice to Rescind and Remove from the Official List of Department Technical Guidance Documents and Policies Interim Guidance for Performing Single Stationary Source Determinations for the Oil and Gas Industries (DEP ID: 270-0810-006) published at 40 Pa.B. 7429 (December 25, 2010); Notice of Intent to Reopen Public Comment Period on Air Quality Permit Exemptions (DEP ID: 275-2101-003) published at 40 Pa.B. 2822 (May 29, 2010); and Proposed Revisions to the General Plan Approval and/or General Operating Permit for Nonroad Engines (BAQ-GPA/GP 11) published at 40 Pa.B. 6336 (October 30, 2010). The Department thinks that there are a number of potentially interrelated air quality topics regarding gas exploration and extraction activities within the Marcellus Shale which should be considered together, that is: (1) performing single stationary source determinations; (2) General Plan Approval and/or General Operating Permit BAQ-GPA/GP-11; and (3) the list of air quality plan approval and operating permit exemptions which were topics covered in the actions noted previously. The Department believes that it is appropriate to seek a comprehensive public comment period on all three of these topics together to guide the Department on what, if any, guidance or action might be taken on any one or more of them.

 In a separate but related action, the Department had proposed minor modifications to the General Plan Approval and/or General Operating Permit for Natural Gas, Coal Bed Methane, or Gob Gas Production or Recovery Facilities (BAQ-GPA/GP-5) published at 40 Pa.B. 5387 (September 18, 2010). Among other things, the proposed modifications include the following: Condition No. 2 is proposed to be revised to limit a source's potential emissions; and Condition No. 4 is proposed to be revised to require compliance with the specifications in the Application for Authorization to Use GP-5. These proposed revisions will offer greater flexibility to the regulated community. Public comment was received on the proposal and the Department is in the process of reviewing that input and finalizing these proposed changes which will be announced in a future Pennsylvania Bulletin notice.

Notice to Rescind and Remove From the Official
List of Department Technical Guidance Documents
the Interim Guidance for Performing Single
Stationary Source Determinations for The Oil
and Gas Industries (DEP ID: 270-0810-006)
Published at 40 Pa.B. 7429

 On December 25, 2010, the Department published a Notice of Availability of Technical Guidance related to Interim Guidance for Performing Single Stationary Source Determinations for the Oil and Gas Industries, which informed the general public and regulated industry of single source determinations issued by the United States Environmental Protection Agency (EPA) on a fact specific and case-by-case basis for major stationary source permitting actions. That ''Interim Final Technical Guidance'' is rescinded on February 26, 2011. As a result, the interim guidance will also be removed from the official list of Department technical guidance documents. However, the Department will continue to make single source determinations on a case-by-case basis to determine the applicability of Prevention of Significant Deterioration, Nonattainment New Source Review and Title V permitting requirements consistent with the Clean Air Act (42 U.S.C.A. §§ 7401—7671q), Air Pollution Control Act (35 P. S. §§ 4001—4015) and implementing regulations under the acts. The Department is hereby soliciting public comment on whether any guidance or policy should be considered on this topic and, if so, what such a policy or guidance might provide.

 Written comments should be submitted to Virendra Trivedi, Environmental Engineer Manager, New Source Review Section, Division of Permits, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468. The Department will accept comments submitted by e-mail, but comments submitted by facsimile will not be accepted. A return name and address must be included in each e-mail transmission. Comments must be received by the Department by May 26, 2011. Contact: Questions regarding the draft technical guidance document should be directed to Jeanette Van Skike at [e-mail] or [phone].

Notice of Intent to Reopen Public Comment Period on Air Quality Permit Exemptions (DEP ID: 275-2101-003) Published at 40 Pa.B. 2822

 On May 20, 2010, the Department published an Availability of Technical Guidance related to Air Quality Permit Exemptions and solicited public comment on the proposed changes until June 28, 2010. The Department is reopening that public comment period for an additional 45 days. While the Department is reopening the public comment period for the entire document, the Department is particularly interested in comments related to Exemption B.38 on oil and gas exploration and production facilities and operations.

 Written comments should be submitted to Virendra Trivedi, Environmental Engineer Manager, New Source Review Section, Division of Permits, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468. The Department will accept comments submitted by e-mail, but comments submitted by facsimile will not be accepted. A return name and address must be included in each e-mail transmission. Comments must be received by the Department by May 26, 2011. Persons who previously submitted comments on permit exemptions are not required to resubmit their comments to the Department as the Department will consider those comments already made. Contact: Questions regarding the draft technical guidance document should be directed to Jeanette Van Skike at [e-mail] or [phone].

Notice of Intent to Reopen Public Comment Period
on Proposed Revisions to the General Plan Approval and/or General Operating Permit for Nonroad Engines (BAQ-GPA/GP 11) Published at 40 Pa.B. 6336

 On October 30, 2010, the Department published a Notice of Proposed Revisions to the General Plan Approval and/or General Operating Permit for Nonroad Engines (BAQ-GPA/GP 11) and solicited public comment on the proposed changes until December 14, 2010. The Department is reopening that public comment period for an additional 45 days.

 Written comments should be submitted to Virendra Trivedi, Environmental Engineer Manager, New Source Review Section, Division of Permits, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468. The Department will accept comments submitted by e-mail, but comments submitted by facsimile will not be accepted. A return name and address must be included in each e-mail transmission. Comments must be received by the Department by May 26, 2011. Persons who previously submitted comments on permit exemptions are not required to resubmit their comments to the Department as the Department will consider those comments already made. Contact: Questions regarding the draft technical guidance document should be directed to Jeanette Van Skike at [e-mail] or [phone].

MICHAEL L. KRANCER, 
Acting Secretary

[Pa.B. Doc. No. 11-336. Filed for public inspection February 25, 2011, 9:00 a.m.]