Current through Register Vol. 54, No. 44, November 2, 2024
Section 127.36 - Health risk-based emission standards and operating practice requirements(a) This section describes the process for establishing health risk-based emission standards and operating practice requirements.(b) When needed to protect public health, welfare and the environment from emissions of hazardous air pollutants from new and existing sources, the Department may impose health risk-based emission standards or operating practice requirements, except as precluded by section 6.6(d)(2) and (3) of the act (35 P. S. § 4006.6(d)(2) and (3)).(c) In developing health risk-based emission standards or operating practice requirements, the Department will provide an explanation and rationale for the standards or requirements.(d) The Department will provide for public review and comment on a plan approval, guideline and regulation which contains a health risk-based emission standard or operating practice requirement.(e) Standards or requirements adopted under this section shall be developed using an analysis which, among other factors, considers, when appropriate for a source or source category, the criteria in section 112(f)(1) of the Clean Air Act (42 U.S.C.A. § 7412(f)(1)), in assessing the proposed risk to the public health, welfare and the environment from the source.(f) The standards established under this section shall be incorporated into the plan approval of each source within the category or subcategory for which the health risk-based performance or emission standard has been established. The Department has the authority to require, in the plan approval and operating permit, reasonable monitoring, recordkeeping and reporting requirements for sources which emit hazardous air pollutants.(g) A person challenging a performance or emission standard established by the Department has the burden to demonstrate that the performance or emission standard does not meet the requirements of section 112 of the Clean Air Act.The provisions of this §127.36 adopted November 25, 1994, effective 11/26/1994, 24 Pa.B. 5899.