The Environmental Quality Board is scheduled to meet on August 20 to consider final changes to regulations covering fine particulate matter [PM2.5] emissions and a presentation on a regulatory fee report on the Uniform Environmental Covenants Program.

Fine Particulate

The final-form changes in regulations related to fine particulate matter are required by the U.S. Environmental Protection Agency.  In fact, Pennsylvania is complying with an EPA notice finding DEP failed to submit the required changes to meet earlier deadlines.

DEP has until November 7, 2019 to finalize the regulation after which time EPA could impose sanctions on the state.

This final-form rulemaking applies to owners and operators of new or modified major facilities with emissions of VOC or ammonia as PM2.5 precursors located within PM2.5 nonattainment areas or that are located within PM2.5 attainment areas and will have a significant impact to a PM2.5 nonattainment area.

It is not expected that any facilities within PM2.5 attainment areas will have a significant impact on PM2.5 nonattainment areas because no new facilities are known to be constructed, or planned to be constructed, within PM2.5 nonattainment areas that will emit major amounts of VOC or ammonia.

There are 17 existing facilities, in Allegheny, Delaware and Lebanon Counties, that currently have the potential to emit 100 tons per year (TPY) or greater of emissions of VOC, ammonia, or both and that will only become subject to the final-form rulemaking if there is a major modification for VOC, ammonia, or both, at the facility.

DEP is not aware of any upcoming major modifications at these facilities.

Uniform Environmental Covenants

DEP will present a 3-Year Regulatory Fee Report on the Uniform Environmental Covenants Act Program that is part of the Land Recycling Program in DEP.

Environmental covenants are property interests granted to an individual to ensure the long-term stewardship of a remediated site and can contain  restrictions on the use of a remediated property (institutional controls) or on the maintenance of a structure needed to control the movement of regulated substances through the environment (engineering controls).

Environmental Covenants can be transferred and enforced by multiple parties, including DEP. The county recorder of deeds maintains the covenant records, providing future landowners and developers with access to AUL notices.

DEP has reviewed 594 covenants over the last three fiscal years and has charged a fee of $500 per covenant for those reviews.

DEP is not recommending a fee increase at this time, however, did point out the Hazardous Sites Cleanup Fund, which is a significant source of funding for the Land Recycling Program and for enforcing the covenant provisions, will be insolvent by 2021.

The meeting will be held in Room 105 of the Rachel Carson Building in Harrisburg starting at 9:00 a.m.

For available handouts and more information, visit the Environmental Quality Board webpage.  Questions should be directed to Laura Edinger by calling 717-772-3277 or send email to: ledinger@pa.gov.

Related Article:

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[Posted: August 6, 2019]

8/12/2019