Availability of Part 1 Application for Section 112(j) MACT--Affected Sources [32 Pa.B. 2374] The United States Environmental Protection Agency (EPA) has not promulgated maximum achievable control technology (MACT) standards to control emissions of hazardous air pollutants (HAPs) from a number of source categories as required under section 112 of the Clean Air Act Amendments of 1990 (CAA). The 10-year-bin MACT standards were to be promulgated by November 15, 2000. The EPA may fail to promulgate 32 standards covering 60 source categories.
The Department of Environmental Protection (Department) is required under section 112(j) of the CAA, section 6.6(b) of the Air Pollution Control Act (35 P. S. § 4006.6(f)) and 25 Pa. Code § 127.35(c) (relating to maximum achievable control technology standards for hazardous air pollutants) to make MACT determinations on a case-by-case basis for all major sources falling into categories for which the EPA fails to issue final MACT standards by May 15, 2002. Any stationary air contamination source located on contiguous or adjacent properties that are under common control that emits or has the potential to emit 10 tons per year of a single HAP or 25 tons per year of total HAPs is considered a major source.
On April 5, 2002, the EPA promulgated ''Section 112(j) Rule'' amendments. (See 67 CFR 16582--16611.) These amendments revised the section 112(j) of the CAA to create a two-part MACT application process. Part 1 MACT applications are due by May 15, 2002, from all major source categories for which the EPA has failed to issue a MACT standard. The Part 1 applications will include basic information such as source type and location.
The Part 2 MACT applications will include the relevant process, pollutant and control information to allow permitting authorities to develop MACT standards for the facility equivalent to what the EPA would have developed. The Part 2 MACT applications will be due to the Department no later than May 15, 2004. However, the EPA expects to promulgate all remaining MACT standards before any facility would be required to submit a Part 2 application.
The owner/operator of the MACT-affected source must submit the completed Part 1 application to the Department's regional offices by May 15, 2002. Additional information concerning section 112(j) of the CAA applicability is available on the EPA's air toxics website at http://www.epa.gov/ttn/atw/eparules.html.
For additional information, contact Krishnan Ramamurthy at (717) 787-4325 or e-mail at kramamurth @state.pa.us. The Part 1 MACT application and a sample application are also available on the Department website at http://www.dep.state.pa.us.
DAVID E. HESS,
Secretary[Pa.B. Doc. No. 02-851. Filed for public inspection May 10, 2002, 9:00 a.m.]
