Control Measure under Consideration by the Ozone Transport Commission; Public Comment Period [44 Pa.B. 3196]
[Saturday, May 24, 2014]The Department of Environmental Protection (Department) is seeking comments on a control measure under consideration by the Ozone Transport Commission (Commission) for the attainment and maintenance of the ozone National Ambient Air Quality Standards. This public comment period is consistent with section 7.4 of the Air Pollution Control Act (35 P. S. § 4007.4), which requires an opportunity for public review and comment of recommendations for additional control measures prior to final action by the Commission.
The Commission, a multi-state organization created under sections 176A and 184 of the Clean Air Act (42 U.S.C.A. §§ 7506a and 7511c), is authorized to develop recommendations for additional control measures to mitigate the transport of ozone and its precursors in the Ozone Transport Region (OTR) established by operation of law. In addition to the Commonwealth, OTR is comprised of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, northern Virginia and the District of Columbia.
The Commission has issued a charge to the mobile, stationary and area source and modeling committees to identify control measures and develop model rules, if necessary, for consideration by the Commission to reduce ozone and its precursors, volatile organic compounds and nitrogen oxides. The Commission may consider final action during its annual meeting on June 11, 2014. The adoption of memoranda of understanding, resolutions or other actions would commit the signatory states to pursue the adoption and implementation of the following control measure:
• Sale of aftermarket catalytic convertors for light-duty vehicles
The Commission conducted a public comment period on the potential control measure. The Department will review stakeholder comments submitted to the Commission on the proposed measure and will consider those comments prior to final Commission action on the proposed control measure.
Materials describing the potential control measure can be found on the Department web site at www.dep.state.pa.us (choose ''Air Quality''). Additional materials can be found at the Commission web site at www.otcair.org (choose ''Meetings'').
Written comments should be sent to Kirit Dalal, Chief, Division of Air Resource Management, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468, kdalal@pa.gov and must be received by June 23, 2014. The Department will consider and retain all comments, but will not prepare a comment and response document.
Adoption by the Commission of any control measure is considered a commitment by signatory states to pursue legislative or regulatory action to adopt and implement the measure. Any control measure proposed for promulgation in this Commonwealth would be subject to the Commonwealth's notice and comment rulemaking process under the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1102—1208), known as the Commonwealth Documents Law, Regulatory Review Act (71 P. S. §§ 745.1—745.12) and Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506).
E. CHRISTOPHER ABRUZZO,
Secretary[Pa.B. Doc. No. 14-1101. Filed for public inspection May 23, 2014, 9:00 a.m.]
