The Environmental Quality Board this week approved the Clean Air Interstate Rule that will reduce sulfur dioxide and nitrogen oxide emissions and proposed increases in radon and radiological health fees. Details below…

Final Clean Air Interstate Rule adopts the rules necessary for the implementation and enforcement of the federal Clean Air Interstate Rule that requires 28 states, including Pennsylvania, and the District of Columbia to adopt control measures to reduce emissions of sulfur dioxide or nitrogen oxide or both, that significantly contribute to nonattainment of the PM2.5 and eight-hour ozone NAAQS in downwind states.

This final rulemaking establishes a program to limit NOx and SO2 emissions from electric generating units of 25 megawatts or greater. The regulations extend existing NOx emission permit limits for certain boilers, stationary combustion turbines, stationary internal combustion engines and Portland cement kilns.

The rulemaking also establishes three CAIR trading programs, which cover annual NOx emissions, ozone season NOx emissions and annual SO2 emissions, respectively. The rulemaking provides for the allocation of NOx allowances to certain renewable energy and energy efficiency units and to cogeneration units that did not receive SO2 allowances under the Federal Acid Rain Program. The CAIR NOx trading programs will supercede the existing NOx Budget Trading Program in Chapter 145, Subchapter A and the CAIR Federal Implementation Plan.

Proposed Radiological Health and Radon Certification Fees package would increase fees associated with the registration of radiation-producing machines; radiation-producing machine service providers; accelerator licenses and radioactive material licenses, as well as the hourly rate professional fee associated with certain full cost recovery licenses. The rulemaking also addresses application fees for the certification of radon services.

The draft proposed rulemaking was presented to the Radiation Protection Advisory Committee at its meeting on August 21. The RPAC suggested that the department consider adjusting fees according to inflation and to phase-in and/or scale the fee structure relative to business size for the radon fees in Chapter 240. The department prefers to provide the EQB with a written analysis of the adequacy of the fees at least once every three years.

Final Radiological Health Rule changes update 25 Pa Code, Chapter 215 (General Provisions); Chapter 221 (X-rays in the Healing Arts); Chapter 225 (Radiation Safety Requirements for Industrial Radiographic Operations); Chapter 230 (Packaging and Transportation of Radioactive Material) and Chapter 240 (Radon Certification).

The amendments update references to guidance and standards for radon testing and mitigation, restore a written reporting requirement concerning department notification of incidents involving the malfunction of shielded room radiography equipment and remove the requirement for notarization of radon service permit applications.

Additional changes are also included to clarify requirements for X-ray use in the healing arts as well as the assessment of civil penalties to recover abatement costs incurred by the department. The amendments also clarify the healing-arts screening requirements for facilities operating under the federal Mammography Quality Act Standards.

For more information on the EQB meeting, contact DEP Regulatory Coordinator Michele Tate at 717-783-8727 or send email to: mtate@state.pa.us .

Pennsylvania Bulletin – December 22, 2007

Comment Deadlines: Technical Guidance (DEP website)

Copies of Proposed Regulations (DEP website)

Status of Regulations, 6-Month Calendar (DEP website)

12/21/2007