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§ 4007.5. Public review of state implementation plans

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: June 11, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 23. Air Pollution (Refs & Annos)
Air Pollution Control Act (Refs & Annos)
Effective: June 11, 2012
35 P.S. § 4007.5
§ 4007.5. Public review of state implementation plans
Currentness
(a) A State implementation plan required by the Clean Air Act which commits the Commonwealth to adopt air pollution control measures or procedures shall be the subject of a public comment period. The public comment period shall be no less than sixty (60) days, and the department may, at its discretion, hold public informational meetings or public hearings as part of the comment period.
(b) Notice of a proposed State implementation plan shall be published in the Pennsylvania Bulletin and in sufficient newspapers having general circulation in the area covered by the State implementation plan. If the State implementation plan covers the entire State, notice shall be published in at least six (6) newspapers of general circulation throughout the Commonwealth.
(c) A State implementation plan subject to this section shall include the following provisions:
(1) Statements clearly indicating the specific provisions of the Clean Air Act with which the State implementation plan is intended to comply.
(2) An analysis of the alternative control strategies considered if applicable in arriving at the recommended control strategies and the reasons the department or other agency selected the final strategy.
(3) An analysis of the economic impact of the alternative control strategies and the selected strategies on the regulated community and local governments.
(4) An analysis of the staff and technical resources needed by the department or other agency to implement the control strategy.
(d) After the public comment period and prior to the submission to EPA of any State implementation plan required by the Clean Air Act which commits the Commonwealth to adopt air pollution control measures or procedures, the department shall submit a final State implementation plan to the board for its review together with a document which responds to all comments made during the public comment period.
(d.1) The following shall apply to a State implementation plan and any revision to such plan proposed or finalized after the effective date of this subsection:1
(1) The plan or revision developed by the department, other State agency or local air pollution control agency shall be published and maintained on the publicly accessible Internet website of the department, other State agency or local air pollution control agency that developed the plan or revision.
(2) The plan or revision developed by the department or other State agency shall be submitted to the chairman and minority chairman of the Environmental Resources and Energy Committee of the Senate and the chairman and minority chairman of the Environmental Resources and Energy Committee of the House of Representatives at the same time as the plan or revision is published for public comment or submitted to the board, whichever is applicable.
(e) These provisions shall also apply in the case of State implementation plans required by the Clean Air Act which are developed by State agencies other than the department which commit the Commonwealth to the adoption of air pollution control measures or procedures.
(f) Subsections (c) and (d) of this section shall not apply to State implementation plans or portions thereof comprised of permit, emission offset or reasonably available control technology requirements for individual sources; consent orders and agreements; or regulations.
(g) The requirements of this section shall not apply to state implementation plans submitted by a local air pollution control agency.

Credits

1960, Jan. 8, P.L. (1959) 2119, § 7.5, added 1992, July 9, P.L. 460, No. 95, § 9, imd. effective. Amended 2012, April 12, P.L. 230, No. 27, § 1, effective in 60 days [June 11, 2012].

Footnotes

1
Subsec. (d.1) added by 2012, April 12, P.L. 230, No. 27, § 1, effective in 60 days [June 11, 2012].
35 P.S. § 4007.5, PA ST 35 P.S. § 4007.5
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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