§ 123.22. Combustion units.
(a) Nonair basin areas. Combustion units in nonair basin areas shall conform with the following:
(1) General provision. No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit in excess of the rate of 4 pounds per million Btu of heat input over any 1-hour period except as provided for in paragraph (4).
(2) Commercial fuel oil. No person may offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in nonair basin areas which contains sulfur in excess of the applicable percentage by weight set forth in the following table:
| Grades Commercial Fuel Oil | % Sulfur |
| No. 2 and Lighter (viscosity less than or equal to 5.820cSt) | 0.5 |
| No. 4, No. 5, No. 6, and heavier (viscosity greater than 5.82cSt) | 2.8 |
(3) Equivalency provision. Paragraph (2) may not apply to those persons or installations where equipment or processes are used to reduce the emissions from the burning of fuels with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of the fuels specified in paragraph (2).
(4) Solid fossil fuel fired combustion units. Solid fossil fuel fired combustion units shall conform with the following:
(i) This paragraph applies to solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour.
(ii) The owner of a solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139 (relating to sampling and testing) the Department will grant the petition.
(iii) No person subject to this paragraph may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2 from a combustion unit in excess of the rates set forth in the following table:
| Allowable Pounds SO2 Per 106 Btu Heat Input | |
| Thirty-day running average not to be exceeded at any time | 3.7 |
| Daily average not to be exceeded more than 2 days in any running 30-day period | 4.0 |
| Daily average maximum not to be exceeded at any time | 4.8 |
(iv) A combustion unit which does not meet the requirements of § 123.25 (relating to monitoring requirements) for installation and operation of continuous SO2 emission monitoring equipment shall be subject to the provisions of paragraph (1).
(b) Erie; Harrisburg; York; Lancaster; and Scranton, Wilkes-Barre air basins. Combustion units in these subject air basins shall conform with the following:
(1) General provision. No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit in excess of the rate of 4 pounds per million Btu of heat input over a 1-hour period except as provided for in paragraph (4).
(2) Commercial fuel oil. No person may offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in the subject air basins which contain sulfur in excess of the applicable percentage by weight set forth in the following table:
| Grades | Effective |
| Commercial | August 1, 1979 |
| Fuel Oil | % Sulfur |
| No. 2 and Lighter (viscosity less than or equal to 5.820cSt) | 0.3 |
| No. 4, No. 5, No. 6, and heavier (viscosity greater than 5.82cSt) | 2.8 |
(3) Equivalency provision. Paragraph (2) does not apply to those persons or installations where equipment or processes are used to reduce the emissions from the burning of fuels with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of the fuels specified in paragraph (2).
(4) Solid fossil fuel fired combustion units. Solid fossil fuel fired combustion units shall conform with the following:
(i) This paragraph applies to solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour and to a solid fossil fuel fired combustion unit upon petition to and acceptance by the Department.
(ii) The owner of any solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139, the Department will grant such petition.
(iii) No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit, at any time, in excess of the rates set forth in the following table:
| Allowable Pounds SO2 Per 10 6 Btu Heat Input | |
| Thirty-day running average not to be exceeded at any time | 3.7 |
| Daily average not to be exceeded more than 2 days in any running 30-day period | 4.0 |
| Daily average maximum not to be exceeded at any time | 4.8 |
(iv) A combustion unit which does not meet the requirements of § 123.25 for installation and operation of continuous SO2 emission monitoring equipment is subject to the provisions of paragraph (1).
(c) Allentown, Bethlehem, Easton, Reading, Upper Beaver Valley and Johnstown air basins. Combustion units in these subject air basins shall conform with the following:
(1) General provision. No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from any combustion unit, at any time, in excess of the rate of 3 pounds per million Btu of heat input over any 1-hour period except as provided for in paragraph (4).
(2) Commercial fuel oil. No person may, at any time, offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in the subject air basins on or after the effective dates listed in this paragraph which contains sulfur in excess of the applicable percentage by weight set forth in the following table:
| Grades | Effective |
| Commercial | August 1, 1979 |
| Fuel Oil | % Sulfur |
| No. 2 and Lighter (viscosity less than or equal to 5.82cSt) | 0.3 |
| No. 4, No. 5, No. 6 and heavier (viscosity greater than 5.82cSt) | 2.0 |
(3) Equivalency provision. Paragraph (2) does not apply to those persons or installations where equipment or processes are used to reduce the emissions from the burning of fuels with a higher sulfur content than that specified in paragraph (2); however, the emissions may not exceed those which would result from the use of the fuels specified in paragraph (2).
(4) Solid fossil fuel fired combustion units. Solid fuel fired combustion units shall conform with the following:
(i) This paragraph applies to all solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour and to any solid fossil fuel fired combustion unit upon petition to and acceptance by the Department.
(ii) The owner of a solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139 the Department will grant such petition.
(iii) No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from any combustion unit in excess of the rates set forth in the following table:
| Allowable Pounds SO2 Per 106 Btu Heat Input | |
| Thirty-day running average not to be exceeded at any time | 2.8 |
| Daily average not to be exceeded more than 2 days in any running 30-day period | 3.0 |
| Daily average maximum not to be exceeded at any time | 3.6 |
(iv) A combustion unit not meeting the requirements of § 123.25 (relating to monitoring requirements) for installation and operation of continuous SO21 emission monitoring equipment is subject to the provisions of paragraph (1).
(d) Allegheny County, Lower Beaver Valley, and Monongahela Valley air basins. No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from any combustion unit in excess of any of the following:
(1) The rate of one pound per million Btu of heat input, when the heat input to the combustion unit in millions of Btus per hour is greater than 2.5 but less than 50.
(2) The rate determined by the following formula: A = 1.7E-0.14, where: A = Allowable emissions in pounds per million Btu of heat input, and E = Heat input to the combustion unit in millions of Btus per hours when E is equal to or greater than 50 but less than 2,000.
(3) The rate of 0.6 pounds per million Btu of heat input when the heat input to the combustion unit in millions of Btus per hour is equal to or greater than 2,000.
(e) Southeast Pennsylvania air basin. Combustion units in the Southeast Pennsylvania air basin shall conform with the following:
(1) General provision. No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from any combustion unit except as provided for in paragraph (3) or (5), in excess of the applicable rate in pounds per million Btu of heat input specified in the following table:
| Rated Capacity | ||
| of Units in | ||
| 106 Btus | Inner | Outer |
| per hour | Zone | Zone |
| less than 250 | 1.0 | 1.2 |
| greater than or equal to 250 | 0.6 | 1.2 |
(2) Commercial fuel oil. No person may, at any time, offer for sale, deliver or use, exchange in trade or permit the use of commercial fuel oil for use in combustion units in the Southeast Pennsylvania air basin which contains sulfur in excess of the applicable percentages by weight set forth in the following table:
| Grades of | ||
| Commercial | Inner | Outer |
| Fuel Oil | Zone | Zone |
| No. 2 and lighter (viscosity less than or equal to 5.82cSt) | 0.2% | 0.3% |
| No. 4, No. 5, No. 6 and Heavier (viscosity greater than 5.82cSt) | 0.5% | 1.0% |
(3) Noncommercial fuels. No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from any combustion unit using noncommercial fuel at any time in excess of the rate of 0.6 pounds per million Btu of heat input in the inner zone or 1.2 pounds per million Btu of heat input in the outer zone.
(4) Equivalency provision. Paragraph (2) does apply to those persons or installations where equipment or processes are used to reduce the emissions from the burning of fuels with a higher sulfur content than that specified in paragraph (2); however, the emissions may not exceed those which would result from the use of the fuels specified in paragraph (2).
(5) Solid fossil fuel fired combustion units. Solid fossil fuel fired combustion units shall conform with the following:
(i) This paragraph applies to all solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour and to any solid fossil fuel fired combustion unit upon petition to and acceptance by the Department.
(ii) The owner of any solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139, the Department will grant the petition.
(iii) No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from any combustion unit in excess of the applicable rate in pounds per million Btu of heat input specified in the following table:
| Rated Capacity of Unit | ||
| in 10 Btus per Hour | ||
| Greater than | ||
| Less than | or equal to | |
| 250 | 250 | |
| Thirty-day running average not to be exceeded at any time | ||
| Inner Zone | 0.75 | 0.45 |
| Outer Zone | 0.90 | 0.90 |
| Daily average not to be exceeded more than 2 days in any running 30-day period | ||
| Inner Zone | 1.00 | 0.60 |
| Outer Zone | 1.20 | 1.20 |
| Daily average maximum not to be exceeded at any time | ||
| Inner Zone | 1.20 | 0.72 |
| Outer Zone | 1.44 | 1.44 |
(iv) A combustion unit not meeting the requirements of § 123.25 (relating to monitoring requirements) for installation and operation of continuous SO2 emission monitoring equipment are subject to the provisions of paragraph (1).
The provisions of this § 123.22 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
The provisions of this § 123.22 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended August 4, 1978, effective October 1, 1978, 8 Pa.B. 2163; amended April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended November 7, 1980, effective January 1, 1981, 10 Pa.B. 4296; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2787. Immediately preceding text appears at serial page (59076).
Impossibility
There is no constitutional prohibition against imposition of civil penalties for failure to comply with technologically impossible standards, since the use of fines to spark technological development is reasonably related to the goal of reducing pollution. Department of Environmental Resources v. Pennsylvania Power Co., 416 A.2d 995 (Pa. 1980).
Impossibility of performance is a defense in a contempt proceeding where an order of court ordering a power company to comply with the SO2 regulations was impossible of performance and where, under the present state of technology, the power company’s proposed use of higher smokestacks to control SO2 emissions was as close as the company could come to compliance with the regulations. Department of Environmental Resources v. Pennsylvania Power Co., 316 A.2d 96 (Pa. Cmwlth. 1974).
This section cited in 25 Pa. Code § 123.25 (relating to monitoring requirements); 25 Pa. Code § 127.14 (relating to exemptions); 25 Pa. Code § 127.449 (relating to de minimis emission increases); 25 Pa. Code § 128.21 (relating to St. Joe Resources Company; Potter Township, Beaver County, Pennsylvania); and 25 Pa. Code § 139.16 (relating to sulfur in fuel oil).
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