The provisions of this §  129.6 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; reserved April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534. Immediately preceding text appears at serial pages (4648) to (4649).

MISCELLANEOUS SOURCES

§ 129.11. Nitric acid plants.

   No person may permit the emission into the outdoor atmosphere, at any time, from a nitric acid production plant or facility, of nitrogen oxides, expressed as NO₂, in excess of the rate of 5.5 pounds per ton of acid produced, the production being expressed as 100% HNO₃.

 No person may permit the emission into the outdoor atmosphere, at any time, from a sulfuric acid production plant or facility, of:

   (1)  Sulfur oxides, expressed as SO₂, in excess of the rate of 6.5 pounds per ton of acid produced.

   (2)  Sulfuric acid mist in excess of the rate of .5 pound per ton of acid produced, the production being expressed as 100% H₂ SO₄.

   The provisions of this §  129.12 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

 (a)  No person may permit the emission into the outdoor atmosphere, at any time, from a plant used for recovering elemental sulfur from gases containing sulfur compounds, of sulfur oxides, expressed as SO₂, in excess of the rate determined by the formula:

     A = .32E^-.5

 where:

     A = Allowable emissions in pounds of sulfur oxides per pound of sulfur compounds, expressed as S, in the feed gases, and

     E = Recovery plant rating in long tons of sulfur per day.

 (b)  Allowable emissions under this section are graphically indicated in Appendix A.

   The provisions of this §  129.13 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

 (a)  Air basins. No person may permit the open burning of material in an air basin.

 (b)  Outside of air basins. No person may permit the open burning of material in an area outside of air basins in a manner that:

   (1)  The emissions are visible, at any time, at the point such emissions pass outside the property of the person on whose land the open burning is being conducted.

   (2)  Malodorous air contaminants from the open burning are detectable outside the property of the person on whose land the open burning is being conducted.

   (3)  The emissions interfere with the reasonable enjoyment of life or property.

   (4)  The emissions cause damage to vegetation or property.

   (5)  The emissions are or may be deleterious to human or animal health.

 (c)  Exceptions. The requirements of subsections (a) and (b) do not apply where the open burning operations result from:

   (1)  A fire set to prevent or abate a fire hazard, when approved by the Department and set by or under the supervision of a public officer.

   (2)  Any fire set for the purpose of instructing personnel in fire fighting, when approved by the Department.

   (3)  A fire set for the prevention and control of disease or pests, when approved by the Department.

   (4)  A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.

   (5)  A fire set for the purpose of burning domestic refuse, when the fire is on the premises of a structure occupied solely as a dwelling by two families or less and when the refuse results from the normal occupancy of the structure.

   (6)  A fire set solely for recreational or ceremonial purposes.

   (7)  A fire set solely for cooking food.

 (d)  Clearing and grubbing wastes. The following is applicable to clearing and grubbing wastes:

   (1)  As used in this subsection the following terms shall have the following meanings:

     Air curtain destructor—A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiency is increased and smoke and other particulate matter are contained.

     Clearing and grubbing wastes—Trees, shrubs and other native vegetation which are cleared from land during or prior to the process of construction. The term does not include demolition wastes and dirt laden roots.

   (2)  Subsection (a) notwithstanding, clearing and grubbing wastes may be burned in a basin subject to the following requirements:

     (i)   Air curtain destructors shall be used when burning clearing and grubbing wastes.

     (ii)   Each proposed use of air curtain destructors shall be reviewed and approved by the Department in writing with respect to equipment arrangement, design and existing environmental conditions prior to commencement of burning. Proposals approved under this subparagraph need not obtain plan approval or operating permits under Chapter 127 (relating to construction, modification, reactivation and operation of sources).

     (iii)   Approval for use of an air curtain destructor at one site may be granted for a specified period not to exceed 3 months, but may be extended for additional limited periods upon further approval by the Department.

     (iv)   The Department reserves the right to rescind approval granted if a determination by the Department indicates that an air pollution problem exists.

   (3)  Subsection (b) notwithstanding clearing and grubbing wastes may be burned outside of an air basin, subject to the following limitations:

     (i)   Upon receipt of a complaint or determination by the Department that an air pollution problem exists, the Department may order that the open burning cease or comply with subsection (b).

     (ii)   Authorization for open burning under this paragraph does not apply to clearing and grubbing wastes transported from an air basin for disposal outside of an air basin.

   (4)  During an air pollution episode, open burning is limited by Chapter 137 (relating to air pollution episodes) and shall cease as specified in that chapter.

   The provisions of this §  129.14 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 July 23, 1976, effective August 9, 1976, 6 Pa.B. 1732; amended August 12, 1977, effective August 29, 1977, 7 Pa.B. 2251. Immediately preceding text appears at serial page (27454).

 (a)  No person may permit the pushing of coke from a coke oven unless the pushing operation is enclosed during the removal of coke from a coke oven and pushing emissions are contained, except for the fugitive pushing emissions, that are allowed by subsections (c) and (e). A device for the enclosure of pushing operations shall be subject to the requirements of Chapter 127 (relating to construction, modification, reactivation and operation of sources) and the grant of plan approval.

 (b)  An application submitted to the Department under Chapter 127 for approval to install an air cleaning device designed to achieve compliance with subsection (a) at an existing coke oven battery shall, in addition to the requirements of § §  123.13(b) and 127.12(a) (relating to processes; and content of applications), show that the air cleaning device is designed to reduce the fugitive emissions from pushing operations at a battery to the minimum attainable through the use of the best available technology following control.

 (c)  Visible fugitive air contaminants in excess of 20% opacity from an air cleaning device installed for the control of pushing emissions under a plan approval from the Department shall be prohibited unless the Department finds that:

   (1)  The emissions are of minor significance with respect to causing air pollution.

   (2)  The emissions will not prevent or interfere with the attainment or maintenance of any ambient air quality standard.

 (d)  Application for a finding under subsection (c) shall be filed in accordance with §  123.1(b) (relating to prohibition of certain fugitive emissions).

 (e)  No person may transport hot coke in the open atmosphere during the pushing operation, unless the visible fugitive air contaminants from the coke do not exceed 10% opacity.

   The provisions of this §  129.15 adopted August 12, 1977, effective August 29, 1977, except subsections (a) and (e) effective December 31, 1977; corrected June 1, 1979, effective December 31, 1977, 9 Pa.B. 1756. Immediately preceding text appears at serial page (35392).

 (a)  In the event a coke oven battery fails to comply with the emission standards contained in §  123.44(a)(2) or (3) (relating to limitations of visible fugitive air contaminants from operation of any coke oven battery) at any time after the effective date of the standards at a coke oven battery, the person responsible for the operation of such coke oven battery shall take the following action:

   (1)  Implement the following work practices:

     (i)   Self-sealing coke oven doors. Work practices for self-sealing coke oven doors shall conform with the following:

       (A)   Within 1 hour after the charge of each oven, the oven doors shall be inspected for visible emissions, and doors found leaking shall be recorded.

       (B)   Doors leaking 1 hour after the charge shall be adjusted prior to the end of the second hour after the charge.

       (C)   Each oven door leaking 1 hour after the charge shall be reinspected for visible emissions 2 hours after the charge. A record shall be made of a door leaking 2 hours after the charge.

       (D)   A door leaking 2 hours after each of two successive charges shall be replaced with a repaired, rebuilt or new door prior to the next charge to that oven.

       (E)   An adequate supply of repaired, rebuilt and new doors shall be maintained onsite to allow the frequency of replacement necessary to comply with this subsection.

       (F)   If a newly installed, repaired, rebuilt or new door leaks more than 2 hours after charge, the door and jamb shall be inspected when the door is next removed from the oven. If the door is found to be defective, it shall be replaced with a repaired, rebuilt or new door prior to the next charge to that oven. If the door is not found to be defective, the jamb shall be replaced prior to the next charge to that oven.

     (ii)   Luted doors. Work practices for luted doors shall conform with the following:

       (A)   Luted doors leaking 15 minutes after the charge shall be immediately reluted.

       (B)   Doors which fail to seal after the first reluting shall be recorded.

       (C)   Leaks appearing after the first reluting shall be immediately alluted.

     (iii)   Chuck doors. Work practices for chuck doors shall conform with the following:

       (A)   Within 1 hour after the charge of each oven, the chuck door shall be inspected and a door found leaking shall be recorded.

       (B)   Chuck doors leaking 1 hour after the charge shall be gasketed prior to the next charge to that oven.

       (C)   If a freshly gasketed door is leaking 1 hour after the charge, it or the oven door shall be replaced prior to the next charge to that oven.

     (iv)   Cleaning. Doors and jambs shall be completely cleaned prior to each charge.

   (2)  Keep and maintain records of the inspections required by paragraph (1), including the names of inspectors, the date and time of each door inspection and ovens observed leaking.

   (3)  Within 90 days following a determination by the Department or the battery operator that this section is applicable, the person responsible for the operation of a coke oven battery shall submit to the Department for approval a work practice and maintenance manual which shall include, but not be limited to, the job titles of persons having responsibility for the various tasks required by paragraph (1), specify procedures to be followed to assure implementation of the requirements of paragraph (1), and state the numbers of replacement doors and jambs to be kept on site for each battery.

 (b)  In addition to, or as a substitute for, the requirements of subsection (a)(1)—(3), the Department may issue an order establishing further obligations with respect to the control of door area emissions in the event compliance with §  123.44(a)(2) and (3) is not consistently achieved within the time allowed by an approved deferred compliance schedule. The obligations may include, but is not limited to, the specification of the maintenance and work practices as the Department finds will achieve consistent compliance with the standards and the installation of best available technology for door sealing or for the capture and cleaning of door area emissions.

 (a)  A person may not cause or permit the emission into the outdoor atmosphere of total reduced sulfur from kraft pulp mills in excess of the quantities in the following table:

 (b)  Total reduced sulfur emissions shall be monitored continuously at recovery furnaces, digester systems and multiple effect evaporator systems unless emissions are incinerated at 1,200°F for .5 seconds or incinerated to provide equivalent total reduced sulfur control.

   (1)  Monitors, installation, operation, maintenance and reporting shall be as prescribed in Chapter 139 (relating to sampling and testing).

   (2)  TRS monitoring systems installed under this section shall meet the minimum data availability requirements in Chapter 139 Subchapter C (relating to requirements for source monitoring for stationary sources).

   (3)  The Department may use the data from the monitoring systems or from an alternate monitoring system to determine compliance with subsection (a).

   (4)  Source owners and operators shall achieve compliance with these monitoring provisions by May 7, 1991.

 (c)  Compliance with subsection (a) shall be achieved in accordance with the following schedule:

   The provisions of this §  129.17 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

 (a)  The conditions of this section apply to municipal waste incinerators.

 (b)  The Department may require continuous monitoring for chemical species or process parameters which may include the following:

   (1)  Hydrogen chloride (HCl).

   (2)  Sulfur dioxide (SO₂).

   (3)  Nitrogen oxides (NO_x).

   (4)  Carbon monoxide (CO).

   (5)  Combustion Efficiency (C. E.)

   (6)  Temperature.

   (7)  Opacity.

   (8)  Oxygen (O₂).

 (c)  Continuous monitoring systems installed under this section shall meet the minimum data availability requirements in Chapter 139 Subchapter C (relating to requirements for source monitoring for stationary sources).

   The provisions of this §  129.18 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.18 adopted October 26, 1990, effective October 27, 1990, 20 Pa.B. 5416.

SOURCES OF VOCs

§ 129.51. General.

 (a)  Equivalency. Compliance with § §  129.52 and 129.54—129.73 may be achieved by alternative methods if the following exist:

   (1)  The alternative method is approved by the Department in an applicable plan approval or operating permit, or both.

   (2)  The resulting emissions are equal to or less than the emissions that would have been discharged by complying with the applicable emission limitation.

   (3)  Compliance by a method other than the use of a low VOC coating or ink which meets the applicable emission limitation in § §  129.52, 129.67 and 129.73 (relating to surface coating processes; graphic arts systems; and aerospace manufacturing and rework) shall be determined on the basis of equal volumes of solids.

   (4)  Capture efficiency testing and emissions testing are conducted in accordance with methods approved by the EPA.

   (5)  Adequate records are maintained to ensure enforceability.

   (6)  The alternative compliance method is incorporated into a plan approval or operating permit, or both, reviewed by the EPA, including the use of an air cleaning device to comply with §  129.52, §  129.67, §  129.68(b)(2) and (c)(2) or §  129.73.

 (b)  New source performance standards. Sources covered by new source performance standards which are more stringent than those contained in this chapter shall comply with those standards in lieu of the standards found in this chapter.

 (c)  Demonstration of compliance. Test methods and procedures used to monitor compliance with the emission requirements of this section are those specified in Chapter 139 (relating to sampling and testing).

 (d)  Records. The owner or operator of a facility or source subject to the VOC emission limitations and control requirements in this chapter shall keep records to demonstrate compliance with the applicable limitation or control requirement.

   (1)  The records shall provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met. Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard.

   (2)  The records shall be retained at least 2 years and shall be made available to the Department on request.

   (3)  An owner or operator claiming that a facility or source is exempt from the VOC control provisions of this chapter shall maintain records that clearly demonstrate to the Department that the facility or source is not subject to the VOC emission limitations or control requirements.

   The provisions of this §  129.51 amended under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.51 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1534; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720; amended April 9, 1999, effective April 10, 1999, 29 Pa.B. 1879. Immediately preceding text appears at serial pages (199516) to (199517).

 (a)  This section applies to a surface coating process category, regardless of the size of the facility, which emits or has emitted VOCs into the outdoor atmosphere in quantities greater than 3 pounds (1.4 kilograms) per hour, 15 pounds (7 kilograms) per day or 2.7 tons (2,455 kilograms) per year during any calendar year since January 1, 1987.

 (b)  A person may not cause or permit the emission into the outdoor atmosphere of VOCs from a surface coating process category listed in Table I, unless one of the following limitations is met:

   (1)  The VOC content of each as applied coating is equal to or less than the standard specified in Table I.

     (i)   The VOC content of the as applied coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated as follows:

VOC = (W_o)(D_c)/V_n

   Where:

 VOC = VOC content in lb VOC/gal of coating solids

 W_o = Weight percent of VOC (W_v-W_w-W_ex)

 W_v = Weight percent of total volatiles (100%-weight percent solids)

 W_w = Weight percent of water

 W_ex = Weight percent of exempt solvent(s)

 D_c = Density of coating, lb/gal, at 25°C

 V_n = Volume percent of solids of the as applied coating

     (ii)   The VOC content of a dip coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated on a 30-day rolling average basis using the following equation:

   Where:

 VOC_A = VOC content in lb VOC/gal of coating solids for a dip coating, calculated on a 30-day rolling average basis

   W_oi = Percent VOC by weight of each as supplied coating (i) added to the dip coating process, expressed as a decimal fraction (that is 55% = 0.55)

 D_ci = Density of each as supplied coating (i) added to the dip coating process, in pounds per gallon

 Q_i = Quantity of each as supplied coating (i) added to the dip coating process, in gallons

 V_ni = Percent solids by volume of each as supplied coating (i) added to the dip coating process, expressed as a decimal fraction

 W_oJ = Percent VOC by weight of each thinner (J) added to the dip coating process, expressed as a decimal fraction

 D_dJ = Density of each thinner (J) added to the dip coating process, in pounds per gallon

 Q_J = Quantity of each thinner (J) added to the dip coating process, in gallons

     (iii)   The VOC content of the as applied coating, expressed in units of weight of VOC per weight of coating solids, shall be calculated as follows:

VOC_B = (W_o)/(W_n)

   Where:

 VOC_B = VOC content in lb VOC/lb of coating solids

 W_o = Weight percent of VOC (W_v-W_w-W_ex)

 W_v = Weight percent of total volatiles (100%-weight percent solids)

 W_w = Weight percent of water

 W_ex = Weight percent of exempt solvents

 W_n = Weight percent of solids of the as applied coating

     (iv)   Sampling and testing shall be done in accordance with the procedures and test methods specified in Chapter 139 (relating to sampling and testing).

   (2)  The overall weight of VOCs emitted to the atmosphere is reduced through the use of vapor recovery or incineration or another method which is acceptable under §  129.51(a) (relating to general). The overall efficiency of a control system, as determined by the test methods and procedures specified in Chapter 139 shall be no less than the equivalent overall efficiency calculated by the following equation:

O = (1 - E/V) x 100

   Where:

 V = The VOC content of the as applied coating, in lb VOC/gal of coating solids or lb VOC/lb of coating solids.

 E = Table I limit in lb VOC/gal of coating solids or lb VOC/lb of coating solids.

 O = Overall control efficiency.

 (c)  A facility, regardless of the facility’s annual emission rate, which contains surface coating processes shall maintain records sufficient to demonstrate compliance with this section. At a minimum, a facility shall maintain daily records of:

   (1)  The following parameters for each coating, thinner and other component as supplied:

     (i)   The coating, thinner or component name and identification number.

     (ii)   The volume used.

     (iii)   The mix ratio.

     (iv)   The density or specific gravity.

     (v)   The weight percent of total volatiles, water, solids and exempt solvents.

     (vi)   The volume percent of solids for Table I surface coating process categories 1—10.

   (2)  The VOC content of each coating, thinner and other component as supplied.

   (3)  The VOC content of each as applied coating.

 (d)  The solvents methyl chloroform (1,1,1-trichloroethane) and methylene chloride are exempt from control under this section and §  129.67 (relating to graphic arts systems). A surface coating process which seeks to comply with this section through the use of an exempt solvent may not be included in any alternative standards.

 (e)  If more than one emission limitation under miscellaneous metal parts and products applies to a specific coating, the least stringent emission limitation applies.

 (f)  A person may not cause or permit the emission into the outdoor atmosphere of VOCs from the application of wood furniture coatings unless the coatings are applied using electrostatic, airless, curtain coating, roller coating, hand roller, hand brush, flow coating, dip coating or high volume-low pressure application equipment. Air atomized sprays may be used to apply cosmetic specialty coatings if the volume of the cosmetic specialty coatings is less than 5% by volume of the total coating used at the facility or to apply final repair coatings.

 (g)  The records shall be maintained for 2 years and shall be submitted to the Department on a schedule reasonably prescribed by the Department.

 (h)  The VOC standards in Table I do not apply to a coating used exclusively for determining product quality and commercial acceptance, touch-up and repair and other small quantity coatings if the coating meets the following criteria:

   (1)  The quantity of coating used does not exceed 50 gallons per year for a single coating and a total of 200 gallons per year for all coatings combined for the facility.

   (2)  The owner or operator of the facility requests, in writing, and the Department approves, in writing, the exemption prior to use of the coating.

Table I

Emission Limits of VOCs in Surface Coatings by Process Category

Weight of VOC per Volume of Coating Solids

Weight of VOC per Weight of Coating Solids

   The provisions of this §  129.52 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.52 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended May 6, 1988, effective May 7, 1988, 18 Pa.B. 2098; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720; amended January 14, 1994, effective January 15, 1994, 24 Pa.B. 443; corrected May 12, 1995, effective May 7, 1994, 25 Pa.B. 1858; amended June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995. Immediately preceding text appears at serial pages (254477) to (254478) and (261884).

 Where incineration equipment employing natural gas as the auxiliary fuel has been installed to effect compliance with the discharge limitation of §  129.52, § §  129.55—129.64 or § §  129.67—129.69, the Department may authorize the discontinuation of the operation of the equipment for the purpose of fuel conservation during the months of December, January and February if the operation of the equipment is not required for purposes of occupational health or safety or for the control of toxic substances or other regulated substances or for the prevention of odor nuisances. Authorization to discontinue operation of the incineration equipment may be made only after receipt of a written request from the owner or operator of an applicable facility. Authorization will be made in writing and may be similarly revoked by the Department if the revocation is found necessary for the attainment or maintenance of an air pollutant standard.

   The provisions of this §  129.54 amended under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.54 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406. Immediately preceding text appears at serial page (151670).

 (a)  Wastewater separators. No person may permit the use of a compartment of a single or multiple compartment volatile organic compound wastewater separator which compartment receives effluent water containing 200 gallons a day or more of any volatile organic compound from equipment processing, refining, treating, storing or handling volatile organic compounds unless the compartment is equipped with one of the following vapor loss control devices—properly installed, in good working order, and in operation—as follows:

   (1)  A container having openings sealed and totally enclosing the liquid contents. Gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

   (2)  A container equipped with a floating roof—consisting of a pontoon-type roof, double-deck-type roof or internal floating cover—which will rest on the surface of the contents and be equipped with a closure seal or seals to close the space between the roof edge and container wall. Gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

 (b)  Pumps and compressors. Pumps and compressors handling volatile organic compounds with a vapor pressure of greater than 1.5 psi (10.3 kilopascals) at actual conditions shall have mechanical seals. For the purpose of determining vapor pressure, a temperature no greater than 100° F shall be used.

 (c)  Vacuum-producing systems. Vacuum producing systems shall conform with the following:

   (1)  The owner or operator of any vacuum-producing systems at a petroleum refinery may not permit the emission of volatile organic compounds from the condensers, hot wells or accumulators of the system.

   (2)  The emission limit under paragraph (1) shall be achieved by one of the following:

     (i)   Piping the vapors to a firebox or incinerator.

     (ii)   Compressing the vapors and adding them to the refinery fuel gas.

     (iii)   A method approved by the Department which recovers no less than 90% by weight of uncontrolled volatile organic compounds that would otherwise be emitted to the atmosphere.

 (d)  Process unit turnarounds. Purging of volatile organic compounds during depressurization of reactors, fractionating columns, pipes or vessels during unit shutdown, repair, inspection or startup shall be performed in such a manner as to direct the volatile organic vapors to a fuel gas system, flare or vapor recovery system until the internal pressure in such equipment reaches 19.7 psia (136 kilopascals).

   The provisions of this §  129.55 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118. Immediately preceding text appears at serial page (53973).

 (a)  No person may permit the placing, storing or holding in a stationary tank, reservoir or other container with a capacity greater than 40,000 gallons of volatile organic compounds with a vapor pressure greater than 1.5 psia (10.5 kilopascals) under actual storage conditions unless the tank, reservoir or other container is a pressure tank capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere or is designed and equipped with one of the following vapor loss control devices:

   (1)  An external or an internal floating roof. This control equipment may not be permitted if the volatile organic compounds have a vapor pressure of 11 psia (76 kilopascals) or greater under actual storage conditions.

   (2)  Vapor recovery system. A vapor recovery system, consisting of a vapor gathering system capable of collecting the volatile organic compound vapors and gases discharged and a vapor disposal system capable of processing such volatile organic vapors and gases so as to prevent their emission to the atmosphere. Tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place. The vapor recovery system shall be maintained in good working order and recover at least 80% of the vapors emitted by such tank.

 (b)  An external floating roof shall be fitted with a primary seal and a continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal). The external floating roof shall meet the following equipment requirements:

   (1)  Seal closure devices shall meet the following requirements:

     (i)   There are no visible holes, tears or other openings in the seals or seal fabric.

     (ii)   The seals are intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall.

     (iii)   For tanks with vapor-mounted primary seals, the accumulated area of gaps exceeding 1/8 inch in width between the secondary seal and the tank wall shall not exceed 1 square inch per foot of tank diameter. Compliance with this subsection shall be determined by physically measuring the length and width of gaps around the entire circumference of the secondary seal in each place where a 1/8 inch uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and tank wall and by summing the area of the individual gaps.

   (2)  Openings in the external floating roof, except for automatic bleeder vents, rim space vents and leg sleeves, are as follows:

     (i)   Equipped with covers, seals or lids in the closed position except when the openings are in actual use.

     (ii)   Equipped with projections into the tank which remain below the liquid surface at all times.

   (3)  Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports.

   (4)  Rim vents are set to open when the roof is being floated off the leg supports or at the recommended setting of the manufacturer.

   (5)  Emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which cover at least 90% of the area of the opening.

 (c)  An internal floating roof shall be fitted with a primary seal and shall comply with the following equipment requirements:

   (1)  A closure seal or seals, to close the space between the roof edge and tank wall is used.

   (2)  There are no holes, tears or other openings in the seal or a seal fabric or materials.

   (3)  Openings except stub drains are equipped with covers, lids or seals such that:

     (i)   The cover, lid or seal is in the closed position at all times except when in actual use.

     (ii)   Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports.

     (iii)   Rim vents, if provided are set to open when the roof is being floated off the roof leg supports or at the recommended setting of the manufacturer.

 (d)  This section does not apply to petroleum liquid storage vessels which:

   (1)  Are used to store waxy, heavy pour crude oil.

   (2)  Have capacities less than 420,000 gallons and are used to store produced crude oil and condensate prior to lease custody transfer.

 (e)  For the purposes of this section, the petroleum liquid storage vessels listed in this subsection comply with the equipment requirements of this section. These tanks shall comply with the maintenance, inspection and reporting requirements of this section. These petroleum liquid storage vessels are those:

   (1)  Which contain a petroleum liquid with a true vapor pressure less than 4 psia (27.6 kilopascals) and which are of welded construction and which presently possess a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid filled type seal or other closure device of demonstrated equivalence approved by the Department.

   (2)  Which are of welded construction, equipped with a metallic-type shoe primary seal and has a secondary seal from the top of the shoe seal to the tank wall (shoe-mounted secondary seal).

 (f)  The owner or operator of a petroleum liquid storage vessel with a floating roof subject to this regulation shall:

   (1)  Perform routine inspections annually in order to insure compliance with subsection (b) or (c). The inspection shall include a visual inspection of the secondary seal gap when inspecting external floating roof tanks.

   (2)  For external floating roof tanks, measure the secondary seal gap annually in accordance with subsection (b)(1)(iii) when the floating roof is equipped with a vapor-mounted primary seal.

   (3)  Maintain records of the types of volatile petroleum liquids stored, the maximum true vapor pressure of the liquid as stored, and the results of the inspections performed in subsection (f)(1) and (2). Copies of the records shall be retained by the owner or operator for a period of 2 years after the date on which the record was made and shall be made available to the Department upon written or verbal request at a reasonable time.

 (g)  For volatile organic compounds whose storage temperature is governed by ambient weather conditions, the vapor pressure under actual storage conditions shall be determined using a temperature which is representative of the average storage temperature for the hottest month of the year in which the storage takes place.

 (h)  If a failure is detected during inspections required in this section, the owner or operator, or both, shall repair the items or empty and remove the storage vessel from service within 45 days. If this failure cannot be repaired within 45 days and if the vessel cannot be emptied within 45 days, a 30-day extension may be requested from the Department. A request for an extension shall document that alternate storage capacity is unavailable and specify a schedule of actions the owner or operator will take that will assure that the equipment will be repaired or the vessel will be emptied as soon as possible but within the additional 30-day time requested.

   The provisions of this §  129.56 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.56 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4525. Immediately preceding text appears at serial pages (199522) to (199524).

 The provisions of this section apply to above ground stationary storage tanks with a capacity equal to or greater than 2,000 gallons which contain volatile organic compounds with vapor pressure greater than 1.5 psia (10.5 kilopascals) under actual storage conditions. Storage tanks covered under this section shall have pressure relief valves which are maintained in good operating condition and which are set to release at no less than .7 psig (4.8 kilopascals) of pressure or .3 psig (2.1 kilopascals) of vacuum or the highest possible pressure and vacuum in accordance with state or local fire codes or the National Fire Prevention Association guidelines or other national consensus standards acceptable to the Department. Section 129.56(g) (relating to storage tanks greater than 40,000 gallons capacity containing VOCs) applies to this section. Petroleum liquid storage vessels which are used to store produced crude oil and condensate prior to lease custody transfer shall be exempt from the requirements of this section.

   The provisions of this §  129.57 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.57 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118. Immediately preceding text appears at serial pages (53975) to (53976).

 (a)  The owner or operator of a petroleum refinery shall do the following:

   (1)  Develop and conduct a monitoring program consistent with the provisions of subsection (d).

   (2)  Record leaking refinery components which have a VOC concentration exceeding 10,000 ppm when tested in accordance with the provisions of §  139.14 (relating to emissions of VOCs) and place an identifying tag on each refinery component consistent with the provisions in subsection (d)(3).

   (3)  Repair and retest the leaking refinery components as soon as possible. Every reasonable effort shall be made to repair each leak within 15 days unless a refinery unit shutdown is required to make the necessary repair.

   (4)  Identify leaking refinery components which cannot be repaired until the unit is shutdown for turnaround.

 (b)  Except for safety pressure relief valves and fittings on valves 1 inch or smaller, no owner or operator of a petroleum refinery shall install or operate a valve at the end of a pipe or line containing VOCs unless the pipe or line is sealed with a second valve, a blind flange, a plug or a cap. The sealing device may be removed only when a sample is being taken or during maintenance operations.

 (c)  Pipeline valves and pressure relief valves in gaseous VOC service shall be marked in some manner that will be readily obvious to both refinery personnel performing monitoring and the Department.

 (d)  Monitoring shall be done as follows:

   (1)  The owner or operator of a petroleum refinery shall conduct a monitoring program consistent with the following requirements:

     (i)   Check yearly, by methods referenced in §  139.14, pump seals and pipeline valves in liquid service.

     (ii)   Check quarterly, by methods referenced in §  139.14, compressor seals, pipeline valves in gaseous service, and pressure relief valves in gaseous service.

     (iii)   Check monthly, by visual methods, pump seals.

     (iv)   Check within 24 hours, by methods referenced in §  139.14, a pump seal from which VOC liquids are observed to be dripping.

     (v)   Check, by methods referenced in §  139.14, a relief valve within 24 hours after it has vented to the atmosphere.

     (vi)   Check within 72 hours after repair, by methods referenced in §  139.14, a refinery component that was found leaking.

   (2)  Pressure relief devices which are connected to an operating flare header, vapor recovery devices, inaccessible valves, storage tank valves and valves that are not externally regulated are exempt from the monitoring requirements in paragraph (1).

   (3)  The owner or operator of a petroleum refinery, upon the detection of a leaking refinery component, shall affix a weatherproof and readily visible tag, bearing an identification number and the date upon which the leak is located to the leaking refinery component. This tag shall remain in place until the leaking refinery component is repaired.

 (e)  Record keeping shall comply with the following:

   (1)  The owner or operator of a petroleum refinery shall maintain a leaking refinery components’ monitoring log which shall contain, at a minimum, the following data:

     (i)   The name of the process unit where the refinery component is located.

     (ii)   The type of refinery component—for example, valve, seal.

     (iii)   The tag number of refinery component.

     (iv)   The dates on which the leaking refinery component was discovered and repaired.

     (v)   The date and instrument reading of the recheck procedure after a leaking refinery component was repaired.

     (vi)   A record of the calibration of the monitoring instrument.

     (vii)   Those leaks that cannot be repaired until turnaround.

     (viii)   The total number of refinery components checked and the total number of refinery components found leaking.

   (2)  Copies of the monitoring log shall be retained by the owner for 2 years after the date on which the record was made or the report was prepared.

   (3)  Copies of the monitoring log shall immediately be made available to the Department, upon verbal or written request, at any reasonable time.

 (f)  Reporting shall comply with the following:

   (1)  The owner or operator of a petroleum refinery, upon completion of each yearly and quarterly monitoring procedure, shall do the following:

     (i)   Submit a report to the Department by the last business day of January, April, July and October that lists leaking refinery components that were located during the previous calendar quarter but not repaired within 15 days, leaking refinery components awaiting unit turnaround, the total number of refinery components inspected and the total number of refinery components found leaking.

     (ii)   Submit a signed statement with the report attesting to the fact that, with the exception of those leaking refinery components listed in subparagraph (i), monitoring and repairs were performed as stipulated in the monitoring program.

 (g)  The owner or operator of a petroleum refinery may submit an alternative plan for the control of leaks from petroleum refinery equipment to the Department. If the Department finds that the alternative plan will achieve an emission reduction which is equivalent to or greater than the reduction which can be achieved under the provisions of this section and that the alternative plan is as enforceable as this section, then the Department will allow the implementation of this alternative plan.

 (h)  The owner or operator of a petroleum refinery may submit to the Department a list of refinery components the inspection of which would involve a significant element of danger. The Department may exempt the refinery components on this list from the requirements of this section if the owner or operator can demonstrate to the satisfaction of the Department that a significant element of danger exists which cannot be reasonably eliminated and that these exemptions will not result in a significant reduction in the effectiveness in the control of VOC emissions.

   The provisions of this §  129.58 issued under the Air Pollution Control Act (35 P. S. § §  4001—4015).

   The provisions of this §  129.58 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478. Immediately preceding text appears at serial pages (62507) to (62510).

 (a)  A person may not cause or permit the loading of gasoline into a vehicular tank from a bulk gasoline terminal unless the gasoline loading racks are equipped with a vapor collection and disposal system capable of processing volatile organic vapors and gases so that no more than 0.0668 pounds (30.3 grams) of gasoline (measured as propane) are emitted to the atmosphere for every 100 gallons (380 liters) of gasoline loaded.

 (b)  A person may not cause or permit the loading of gasoline into a vehicular tank from a bulk gasoline terminal unless the gasoline loading racks are equipped with a loading arm with a vapor collection adaptor and pneumatic, hydraulic or other mechanical means to force a vapor-tight seal between the adaptor and the hatch of the tank. A means shall be provided to prevent gasoline drainage from the loading device when it is not connected to the hatch, and to accomplish complete drainage before the removal. When loading is effected through means other than hatches, loading and vapor lines shall be equipped with fittings which make vapor-tight connections and which will be closed upon disconnection.

 (c)  An owner or operator of a bulk gasoline plant shall maintain records of daily throughput. These records shall be retained for at least 2 years and shall be made available to the Department on request.

   The provisions of this §  129.59 amended under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.59 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406. Immediately preceding text appears at serial pages (151678) to (151679).

 (a)  A person may not cause or permit the loading of gasoline into a vehicular receiving tank from a bulk gasoline plant unless the loading is:

   (1)  Bottom filled with the inlet flush with the receiving vehicular tank bottom.

   (2)  Top-submerged filled with the fill pipe extended to within 6 inches of the bottom of the receiving vehicular tank during top-submerged filling operations.

 (b)  A person may not cause or permit the loading of gasoline into the stationary tanks of a bulk gasoline plant from a tank truck delivering gasoline to the bulk gasoline plant unless a vapor balancing technique is employed. The displaced vapors from the storage tank shall be transferred to the dispensing delivery tank during loading operations, and these vapors shall be processed for disposal in accordance with §  129.59 (relating to bulk gasoline terminals). This subsection is not applicable to storage tanks which conform to §  129.56(a)(1) or (2) (relating to storage tanks greater than 40,000 gallons capacity containing VOCs).

 (c)  A person may not cause or permit the loading of gasoline from a bulk gasoline plant with a daily throughput since January 1, 1987 of greater than 4,000 gallons (15,200 liters) into a tank truck with a capacity greater than 250 gallons (950 liters) unless a vapor balance system is employed. The displaced vapors from the tank truck shall be transferred to the stationary tanks of the bulk gasoline plant during loading operations. A storage tank at a bulk gasoline plant which is controlled under §  129.56(a)(1) or (2) shall have a vapor recovery unit and process vapors from gasoline loading in accordance with §  129.59.

 (d)  An owner or operator of a bulk gasoline plant shall maintain records of daily throughput. These records shall be retained for at least 2 years and shall be made available to the Department on request.

   The provisions of this §  129.60 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.60 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406. Immediately preceding text appears at serial pages (151679) to (151680).

 (a)  This section applies Statewide to stationary gasoline storage tanks with a capacity of greater than 2,000 gallons.

 (b)  A person may not transfer gasoline from a delivery vessel into a stationary gasoline storage tank unless the displaced vapors from the storage tank are transferred to the dispensing delivery tank through a vapor right return line and unless the receiving tank is equipped with a submerged fill pipe which extends from the filling orifice to within 6 inches of the bottom of the tank. The vapors collected in the dispensing tank shall be disposed of in accordance with §  129.59 or §  129.60(c) (relating to bulk gasoline terminals; and bulk gasoline plants).

 (c)  The dispensing delivery tank shall remain vapor tight at all times. The delivery tank may be opened after the vapors are disposed of in accordance with §  129.59 or §  129.60(c).

   The provisions of this §  129.61 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.61 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3849. Immediately preceding text appears at serial pages (186055) to (186056).

 (a)  Gasoline may not be spilled or discarded in sewers or stored in open containers or handled in a manner that would result in uncontrolled evaporation to the atmosphere.

 (b)  An owner or operator of a bulk gasoline plant, bulk gasoline terminal, tank truck or trailer or stationary storage tank to which §  129.59, §  129.60(b) or (c) or §  129.61 (relating to bulk gasoline terminals; bulk gasoline plants; and small gasoline storage tank control (Stage I control)) apply may not permit the transfer of gasoline between the tank truck or trailer and a stationary storage tank unless the following conditions are met:

   (1)  The vapor balance system is in good working order and is designed and operated in a manner that prevents:

     (i)   Gauge pressure from exceeding 18 inches of H₂O (4500 pascals) and vacuum from exceeding 6 inches of water (1500 pascals) in the gasoline tank truck.

     (ii)   A reading equal to or greater than 100% of the lower explosive limit—LEL, measured as propane—at 1 inch from points on the perimeter of a potential leak source when measured by the method referenced in §  139.14 (relating to emissions of VOCs) during loading or unloading operations at small gasoline storage tanks, bulk plants and bulk terminals.

     (iii)   Avoidable liquid leaks during loading or unloading operations at small gasoline storage tanks, bulk plants and bulk terminals.

   (2)  A truck, vapor balance system or vapor disposal system, if applicable, that exceeds the limits in paragraph (1) is repaired and retested within 15 days.

   (3)  There are no visually- or audibly-detectable leaks in the tank truck’s or trailer’s pressure/vacuum relief valves and hatch covers, the truck tanks or storage tanks, or associated vapor and liquid lines during loading or unloading.

   (4)  The pressure and vacuum relief valves on storage vessels and tank trucks or trailers are set to release at no less than .7 psig (4.8 kilopascals) of pressure or .3 psig (2.1 kilopascals) of vacuum or the highest allowable pressure and vacuum as specified in State or local fire codes, the National Fire Prevention Association guidelines or other National consensus standards acceptable to the Department. Upon demonstration by the owner or operator of an underground small gasoline storage tank that the vapor balance system specified in paragraph (1) will achieve a 90% vapor recovery efficiency without a pressure and vacuum relief valve and that an interlock system, sufficient to ensure connection of the vapor recovery line prior to delivery of the gasoline, will be used—no pressure and vacuum relief valve is required. The vacuum setting on the pressure and vacuum relief valve on an underground storage tank may be set at the lowest vacuum setting which is sufficient to keep the vent closed at zero pressure and vacuum.

 (c)  A person may not allow a gasoline tank truck subject to §  129.59, §  129.60 or §  129.61 to be filled or emptied in a geographic area specified in §  129.61(a) unless the gasoline tank truck:

   (1)  Has been tested by the owner or operator within the immediately preceding 12 months in accordance with §  139.14.

   (2)  Sustains a pressure change of no more than 750 pascals (3 inches of H₂O) in 5 minutes when pressurized to a gauge pressure of 18 inches of H₂O (4,500 pascals) or evacuated to a gauge pressure of 6 inches of H₂O (1,500 pascals) during the testing required in paragraph (1).

   (3)  Is repaired by the owner or operator and retested within 15 days of testing if it does not meet the criteria in paragraph (2).

   (4)  Displays a clear marking near the Department of Transportation Certification plate required by 49 CFR 178.340-10b (relating to certification), which shows the most recent date upon which the gasoline tank truck passed the test required in this subsection.

 (d)  Reporting and recordkeeping shall be as follows:

   (1)  The owner or operator of a source of VOCs subject to subsection (c) shall maintain records of certification testing and repairs. The records shall identify the gasoline tank truck, vapor collection system or vapor control system; the date of the test or repair; and, if applicable, the type of repair and the date of retest. The records shall be maintained in a legible, readily-available condition for 1 year after the date the testing or repair was completed.

   (2)  The records of certification tests required by paragraph (1) shall contain:

     (i)   The gasoline tank truck tank serial number.

     (ii)   The initial test pressure and the time of the reading.

     (iii)   The final test pressure and the time of the reading.

     (iv)   The initial test vacuum and the time of the reading.

     (v)   The final test vacuum and the time of the reading.

     (vi)   At the top of each report page, the company name and the date and location of the tests on that page.

     (vii)   The name and title of the person conducting the test.

   (3)  Copies of records and reports under this subsection shall be made available to the Department upon verbal or written request at any reasonable time. A copy of the test results for each gasoline tank shall be kept with the truck.

 (e)  Gasoline tank trucks with a rated capacity of less than 4,800 gallons are exempt from subsections (c) and (d).

   The provisions of this §  129.62 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.62 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; corrected July 17, 1981, effective June 21, 1981, 11 Pa.B. 2570; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720. Immediately preceding text appears at serial pages (159208) to (159210).

 (a)  Cold cleaning machines. Except for those subject to the Federal National emissions standards for hazardous air pollutants (NESHAP) for halogenated solvent cleaners under 40 CFR Part 63 (relating to National emission standards for hazardous air pollutants for source categories), this subsection applies to cold cleaning machines that use 2 gallons or more of solvents containing greater than 5% VOC content by weight for the cleaning of metal parts.

   (1)  Immersion cold cleaning machines shall have a freeboard ratio of 0.50 or greater.

   (2)  Immersion cold cleaning machines and remote reservoir cold cleaning machines shall:

     (i)   Have a permanent, conspicuous label summarizing the operating requirements in paragraph (3). In addition, the label shall include the following discretionary good operating practices:

       (A)   Cleaned parts should be drained at least 15 seconds or until dripping ceases, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while the part is draining. During the draining, tipping or rotating, the parts should be positioned so that solvent drains directly back to the cold cleaning machine.

       (B)   When a pump-agitated solvent bath is used, the agitator should be operated to produce a rolling motion of the solvent with no observable splashing of the solvent against the tank walls or the parts being cleaned.

       (C)   Work area fans should be located and positioned so that they do not blow across the opening of the degreaser unit.

     (ii)   Be equipped with a cover that shall be closed at all times except during cleaning of parts or the addition or removal of solvent. For remote reservoir cold cleaning machines which drain directly into the solvent storage reservoir, a perforated drain with a diameter of not more than 6 inches shall constitute an acceptable cover.

   (3)  Cold cleaning machines shall be operated in accordance with the following procedures:

     (i)   Waste solvent shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container.

     (ii)   Flushing of parts using a flexible hose or other flushing device shall be performed only within the cold cleaning machine. The solvent spray shall be a solid fluid stream, not an atomized or shower spray.

     (iii)   Sponges, fabric, wood, leather, paper products and other absorbent materials may not be cleaned in the cold cleaning machine.

     (iv)   Air agitated solvent baths may not be used.

     (v)   Spills during solvent transfer and use of the cold cleaning machine shall be cleaned up immediately.

   (4)  After December 22, 2002, a person may not use, sell or offer for sale for use in a cold cleaning machine any solvent with a vapor pressure of 1.0 millimeter of mercury (mm Hg) or greater and containing greater than 5% VOC by weight, measured at 20°C (68°F) containing VOCs.

   (5)  On and after December 22, 2002, a person who sells or offers for sale any solvent containing VOCs for use in a cold cleaning machine shall provide, to the purchaser, the following written information:

     (i)   The name and address of the solvent supplier.

     (ii)   The type of solvent including the product or vendor identification number.

     (iii)   The vapor pressure of the solvent measured in mm hg at 20°C (68°F).

   (6)  A person who operates a cold cleaning machine shall maintain for at least 2 years and shall provide to the Department, on request, the information specified in paragraph (5). An invoice, bill of sale, certificate that corresponds to a number of sales, Material Safety Data Sheet (MSDS), or other appropriate documentation acceptable to the Department may be used to comply with this section.

   (7)  Paragraph (4) does not apply:

     (i)   To cold cleaning machines used in extreme cleaning service.

     (ii)   If the owner or operator of the cold cleaning machine demonstrates, and the Department approves in writing, that compliance with paragraph (4) will result in unsafe operating conditions.

     (iii)   To immersion cold cleaning machines with a freeboard ratio equal to or greater than 0.75.

 (b)  Batch vapor cleaning machines. Except for those subject to the Federal NESHAP for halogenated solvent cleaners under 40 CFR Part 63, this subsection applies to batch vapor cleaning machines that use solvent containing greater than 5% VOC by weight for the cleaning of metal parts.

   (1)  Batch vapor cleaning machines shall be equipped with:

     (i)   Either a fully enclosed design or a working and downtime mode cover that completely covers the cleaning machine openings when in place, is free of cracks, holes and other defects, and can be readily opened or closed without disturbing the vapor zone. If the solvent cleaning machine opening is greater than 10 square feet, the cover shall be powered. If a lip exhaust is used, the closed cover shall be below the level of the lip exhaust.

     (ii)   Sides which result in a freeboard ratio greater than or equal to 0.75.

     (iii)   A safety switch (thermostat and condenser flow switch) which shuts off the sump heat if the coolant is not circulating.

     (iv)   A vapor up control switch which shuts off the spray pump if vapor is not present. A vapor up control switch is not required if the vapor cleaning machine is not equipped with a spray pump.

     (v)   An automated parts handling system which moves the parts or parts baskets at a speed of 11 feet (3.4 meters) per minute or less when the parts or parts are entering or exiting the vapor zone. If the parts basket being cleaned occupy more than 50% of the solvent/air interface area, the speed of the parts or parts basket may not exceed 3 feet per minute.

     (vi)   A device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils.

     (vii)   A vapor level control device that shuts off the sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser.

     (viii)   A permanent, conspicuous label summarizing the operating requirements in paragraph (4).

   (2)  In addition to the requirements of paragraph (1), the operator of a batch vapor cleaning machine with a solvent/air interface area of 13 square feet or less shall implement one of the following options:

     (i)   A working mode cover, freeboard ratio of 1.0, and superheated vapor.

     (ii)   A freeboard refrigeration device and superheated vapor.

     (iii)   A working mode cover and a freeboard refrigeration device.

     (iv)   Reduced room draft, freeboard ratio of 1.0 and superheated vapor.

     (v)   A freeboard refrigeration device and reduced room draft.

     (vi)   A freeboard refrigeration device and a freeboard ratio of 1.0.

     (vii)   A freeboard refrigeration device and dwell.

     (viii)   Reduced room draft, dwell and a freeboard ratio of 1.0.

     (ix)   A freeboard refrigeration device and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed 100 ppm at any time.

     (x)   A freeboard ratio of 1.0, superheated vapor and a carbon adsorber.

   (3)  In addition to the requirements of paragraph (1), the operator of a batch vapor cleaning machine with a solvent/air interface area of greater than 13 square feet shall use one of the following devices or strategies:

     (i)   A freeboard refrigeration device, a freeboard ratio of 1.0 and superheated vapor.

     (ii)   Dwell, a freeboard refrigeration device and reduced room draft.

     (iii)   A working mode cover, a freeboard refrigeration device and superheated vapor.

     (iv)   Reduced room draft, freeboard ratio of 1.0 and superheated vapor.

     (v)   A freeboard refrigeration device, reduced room draft and superheated vapor.

     (vi)   A freeboard refrigeration device, reduced room draft and a freeboard ratio of 1.0.

     (vii)   A freeboard refrigeration device, superheated vapor and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed 100 ppm at any time.

   (4)  Batch vapor cleaning machines shall be operated in accordance with the following procedures:

     (i)   Waste solvent, still bottoms and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container.

     (ii)   Cleaned parts shall be drained at least 15 seconds or until dripping ceases, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while the part is draining. A superheated vapor system shall be an acceptable alternate technology.

     (iii)   Parts or parts baskets may not be removed from the batch vapor cleaning machine until dripping has ceased.

     (iv)   Flushing or spraying of parts using a flexible hose or other flushing device shall be performed within the vapor zone of the batch vapor cleaning machine or within a section of the machine that is not exposed to the ambient air. The solvent spray shall be a solid fluid stream, not an atomized or shower spray.

     (v)   Sponges, fabric, wood, leather, paper products and other absorbent materials may not be cleaned in the batch vapor cleaning machine.

     (vi)   Spills during solvent transfer and use of the batch vapor cleaning machine shall be cleaned up immediately.

     (vii)   Work area fans shall be located and positioned so that they do not blow across the opening of the batch vapor cleaning machine.

     (viii)   During startup of the batch vapor cleaning machine, the primary condenser shall be turned on before the sump heater.

     (ix)   During shutdown of the batch vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off.

     (x)   When solvent is added to or drained from the batch vapor cleaning machine, the solvent shall be transferred using threaded or other leakproof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface.

     (xi)   The working and downtime covers shall be closed at all times except during parts entry and exit from the machine, during maintenance of the machine when the solvent has been removed and during addition of solvent to the machine.

 (c)  In-line vapor cleaning machines. Except for those subject to the Federal NESHAP for halogenated solvent cleaners under 40 CFR Part 63, this section applies to in-line vapor cleaning machines that use solvent containing greater than 5% VOC by weight for the cleaning of metal parts.

   (1)  In-line vapor cleaning machines shall be equipped with:

     (i)   Either a fully enclosed design or a working and downtime mode cover that completely covers the cleaning machine openings when in place, is free of cracks, holesand other defects, and can be readily opened or closed without disturbing the vapor zone.

     (ii)   A switch (thermostat and condenser flow switch) which shuts off the sump heat if the coolant is not circulating.

     (iii)   Sides which result in a freeboard ratio greater than or equal to 0.75.

     (iv)   A vapor up control switch.

     (v)   An automated parts handling system which moves the parts or parts baskets at a speed of 11 feet (3.4 meters) per minute or less when the parts are entering or exiting the vapor zone. If the parts or parts basket being cleaned occupy more than 50% of the solvent/air interface area, the speed of the parts or parts basket may not exceed 3 feet per minute.

     (vi)   A device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils.

     (vii)   A vapor level control device that shuts off the sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser.

     (viii)   A permanent, conspicuous label summarizing the operating requirements in paragraph (3).

   (2)  In addition to the requirements of paragraph (1), the operator of an in-line vapor cleaning machine shall use one of the following devices or strategies:

     (i)   A freeboard ratio of 1.0 and superheated vapor.

     (ii)   A freeboard refrigeration device and a freeboard ratio of 1.0.

     (iii)   Dwell and a freeboard refrigeration device.

     (iv)   Dwell and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed 100 ppm at any time.

   (3)  In-line vapor cleaning machines shall be operated in accordance with the following procedures:

     (i)   Waste solvent, still bottoms and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container.

     (ii)   Parts shall be oriented so that the solvent drains freely from the parts. Cleaned parts shall be drained at least 15 seconds or until dripping ceases, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while the part is draining.

     (iii)   Parts or parts baskets may not be removed from the in-line vapor cleaning machine until dripping has ceased.

     (iv)   Flushing or spraying of parts using a flexible hose or other flushing device shall be performed within the vapor zone of the in-line vapor cleaning machine or within a section of the machine that is not exposed to the ambient air. The solvent spray shall be a solid fluid stream, not an atomized or shower spray.

     (v)   Sponges, fabric, wood, leather, paper products and other absorbent materials may not be cleaned in the in-line vapor cleaning machine.

     (vi)   Spills during solvent transfer and use of the in-line vapor cleaning machine shall be cleaned up immediately.

     (vii)   Work area fans shall be located and positioned so that they do not blow across the in-line vapor cleaning machine.

     (viii)   During startup of the in-line vapor cleaning machine, the primary condenser shall be turned on before the sump heater.

     (ix)   During shutdown of the in-line vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off.

     (x)   Spraying operations shall be done in the vapor zone or within a section of the machine that is not exposed to the ambient air.

     (xi)   When solvent is added to or drained from the in-line vapor cleaning machine, the solvent shall be transferred using threaded or other leakproof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface.

 (d)  Airless cleaning machines and airtight cleaning machines. Except for those subject to the Federal NESHAP for halogenated solvent cleaners under 40 CFR Part 63, this section applies to airless cleaning machines and airtight cleaning machines that use solvent containing greater than 5% VOC by weight for the cleaning of metal parts.

   (1)  The operator of each machine shall maintain a log of solvent additions and deletions for each machine including the weight of solvent contained in activated carbon or other sorbent material used to control emissions from the cleaning machine.

   (2)  The operator of each machine shall demonstrate that the emissions from each machine, on a 3-month rolling average, are equal to or less than the allowable limit determined by the use of the following equation:

 EL = 330 (vol)^0.6

 where:

 EL = the 3-month rolling average monthly emission limit (kilograms/month).

 vol = the cleaning capacity of machine (cubic meters)

   (3)  The operator of each machine equipped with a solvent adsorber shall measure and record the concentration of solvent in the exhaust of the carbon adsorber weekly with a colorimetric detector tube designed to measure a concentration of 100 ppm by volume of solvent to air at an accuracy of ± 25 ppm by volume. This test shall be conducted while the solvent cleaning machine is in the working mode and is venting to the adsorber.

   (4)  The operator of each machine equipped with a solvent adsorber shall maintain and operate the machine and adsorber system so that emissions from the adsorber exhaust do not exceed 100 ppm by volume measured while the solvent cleaning machine is in the working mode and is venting to the adsorber.

   (5)  The machine shall be equipped with a permanent, conspicuous label summarizing the operating requirements in paragraph (6).

   (6)  Airless cleaning machines and airtight cleaning machines shall be operated in accordance with the following procedures:

     (i)   Waste solvent, still bottoms and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container.

     (ii)   Parts shall be oriented so that the solvent drains freely from the parts. Cleaned parts shall be drained at least 15 seconds or until dripping ceases, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while the part is draining.

     (iii)   Parts or parts baskets may not be removed from the in-line vapor cleaning machine until dripping has ceased.

     (iv)   Sponges, fabric, wood, leather, paper products and other absorbent materials may not be cleaned in the airless cleaning machines and airtight cleaning machines.

     (v)   Spills during solvent transfer and use of the airless cleaning machines and airtight cleaning machines shall be cleaned up immediately.

     (vi)   Work area fans shall be located and positioned so that they do not blow across the airless cleaning machine and airtight cleaning machine.

     (vii)   Spraying operations shall be done in the vapor zone or within a section of the machine that is not exposed to the ambient air.

     (viii)   When solvent is added to or drained from the airless cleaning machine and airtight cleaning machine, the solvent shall be transferred using threaded or other leakproof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface.

 (e)  Alternative provisions for solvent cleaning machines. This section applies to all solvent cleaning machines used to process metal parts that use solvents containing greater than 5% VOC by weight. As an alternative to complying with subsections (b)—(d), the operator of a solvent cleaning machine may demonstrate compliance with paragraph (1) or (2). The operator shall maintain records sufficient to demonstrate compliance. The records shall include, at a minimum, the quantity of solvent added to and removed from the solvent cleaning machine, the dates of the addition and removal and shall be maintained for at least 2 years.

   (1)  If the solvent cleaning machine has a solvent/air interface, the owner or operator shall:

     (i)   Maintain a log of solvent additions and deletions for each solvent cleaning machine.

     (ii)   Ensure that the emissions from each solvent cleaning machine are equal to or less than the applicable emission limit presented in Table 1:

Table 1

Emission Limits for
Solvent Cleaning Machines with a
Solvent/Air Interface

Solvent cleaning machine	3-month rolling average
	monthly emission limit
	(kg/m2/month)	lb/ft2/month
Batch vapor solvent cleaning machines	150	30.7
Existing in-line solvent cleaning machines	153	31.3
In-line solvent cleaning machines installed after the effective date of the regulation	99	20.2

   (2)  If the solvent cleaning machine is a batch vapor cleaning machine and does not have a solvent/air interface, the owner or operator shall:

     (i)   Maintain a log of solvent additions and deletions for each solvent cleaning machine.

     (ii)   Ensure that the emissions from each solvent cleaning machine are equal to or less than the appropriate limits as described in paragraphs (3) and (4).

   (3)  For solvent cleaning machines without a solvent/air interface with a cleaning capacity that is less than or equal to 2.95 cubic meters, the emission limit shall be determined using Table 2 or the equation in paragraph (4). If the table is used, and the cleaning capacity of the cleaning machine falls between two cleaning capacity sizes, the lower of the two emission limits applies.

   (4)  For cleaning machines without a solvent/air interface with a cleaning capacity that is greater than 2.95 cubic meters, the emission limit shall be determined using the following equation.

 EL = 330 (vol)^0.6

 where:

 EL = the 3-month rolling average monthly emission limit (kilograms/month)

 vol = the cleaning capacity of machine (cubic meters)

   (5)  Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with this subsection shall demonstrate compliance with the applicable 3-month rolling average monthly emission limit on a monthly basis. If the applicable 3-month rolling average emission limit is not met, an exceedance has occurred. Exceedances shall be reported to the Department within 30 days of the determination of the exceedance.

Table 2. Emission Limits for Solvent Cleaning Machines Without a Solvent/Air Interface

   The provisions of this §  129.63 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.63 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended December 21, 2001, effective December 22, 2001, 31 Pa.B. 6921. Immediately preceding text appears at serial pages (199533) to (199536).

 (a)  After April 30, 1982, no person may permit the use or application of cutback asphalt for paving operations except when any of the following applies:

   (1)  Long-life stockpile is necessary.

   (2)  The use or application between October 31 and April 30, is necessary.

   (3)  The cutback asphalt is used solely as a tack coat, a penetrating prime coat, a dust palliative or precoating of aggregate.

   (4)  Skin patching is necessary during October. Skin patching shall be less than 500 feet continuous length, 1300 linear feet per mile or 1750 square yards per lane mile.

 (b)  After April 30, 1982, emulsion asphalts may not contain more than the maximum percentage of solvent as shown in Table 2.

Table 2

Emulsion Grade	Type	% Solvent, Max.
E-1	Rapid Setting	0
E-2	Rapid Setting (Anionic)	0
E-3	Rapid Setting (Cationic)	3
E-4	Medium Setting	12
E-5	Medium Setting	12
E-6	Slow Setting (Soft Residue)	0
E-8	Slow Setting (Hard Residue)	0
E-10	Medium Setting (High Float)	7
E-11	High Float	7
E-12	Medium Setting (Cationic)	8

   The provisions of this §  129.64 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.64 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; corrected September 9, 1983, effective August 13, 1983. Immediately preceding text appears at serial pages (62519) to (62520).

 No person may permit the emission into the outdoor atmosphere of a waste gas stream from an ethylene production plant or facility unless the gas stream is properly burned at no less than 1,300°F for at least .3 seconds; except that no person may permit the emission of volatile organic compounds in gaseous form into the outdoor atmosphere from a vapor blowdown system unless these gases are burned by smokeless flares.

   The provisions of this §  129.65 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534.

 The owner or operator of a source newly subject to the requirements of §  129.52, § §  129.59—129.61 or § §  129.67—129.69 as a result of revised applicability requirements of this title relating to the control of VOC shall achieve compliance with the applicable emission limitations within 1 year of the date of publication of the notice of final adoption of this requirement in the Pennsylvania Bulletin. Newly subject sources or facilities are those which were not subject to the emission limitations because they emitted less than the cutoff levels or operated at de minimis production levels prior to the date of publication of the limitation in the Pennsylvania Bulletin but are now subject to the standard because they meet or exceed the cutoff levels contained in §  129.52(a) or §  129.69 (relating to surface coating processes; and manufacture of pneumatic rubber tires). The date of adoption of the applicable emission standard for these previously unregulated sources will be determined to be the date that the applicable cutoff levels contained in §  129.52 or §  129.69 are published in the Pennsylvania Bulletin.

   The provisions of this §  129.66 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20); and section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.66 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended January 8, 1982, effective January 9, 1982, 12 Pa.B. 130; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended May 6, 1988, effective May 7, 1988, 18 Pa.B. 2098; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720. Immediately preceding text appears at serial page (159215).

 (a)  This section applies to facilities whose rotogravure and flexographic printing presses by themselves or in combination with a surface coating operation subject to §  129.52 (relating to surface coating processes) have the potential to emit or have emitted VOCs into the outdoor atmosphere in quantities greater than 1,000 pounds (460 kilograms) per day or 100 tons (90,900 kilograms) per year during any calendar year since January 1, 1987.

 (b)  A person may not permit the emission into the outdoor atmosphere of VOCs from a rotogravure or flexographic printing press subject to this section unless one of the following limitations is met:

   (1)  The volatile fraction of the ink, as applied to the substrate, contains 25% or less by volume of VOC and 75% or more by volume of water.

   (2)  The ink, as applied to the substrate, less water, contains 60% by volume or more of solid material.

   (3)  The owner or operator installs and operates a carbon adsorption system, an incineration system or an alternative VOC emission reduction system which recovers or destroys at least 90% of the VOCs entering the system. The overall level of emission recovery or destruction may not be less than that necessary to comply with subsection (c).

 (c)  A capture system shall be used in conjunction with the emission control systems in subsection (b)(3). The design and operation of the capture and control system shall be consistent with good engineering practice and shall be designed to provide for a contemporaneous, overall reduction in VOC emission from each ink/press of at least the following:

   (1)  Seventy-five percent where a publication rotogravure process is employed.

   (2)  Sixty-five percent where another rotogravure process is employed.

   (3)  Sixty percent where a flexographic printing process is employed.

 (d)  Presses used only to check the quality of the image formation of newly etched or engraved printing cylinders are exempted from this section if the aggregate emissions from the presses do not exceed 400 pounds in a 30-day running period.

 (e)  To determine applicability under this section, emissions of VOCs used in clean-up operations shall be summed with emissions from surface coating and printing.

   The provisions of this §  129.67 issued under the Air Pollution Control Act (35 P. S. § §  4001—4015).

   The provisions of this §  129.67 adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4525. Immediately preceding text appears at serial pages (199538) to (199539).

 (a)  This section applies to synthesized pharmaceutical manufacturing facilities.

 (b)  The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this section shall control the VOC emissions from reactors, distillation operations, crystallizers, centrifuges and vacuum dryers that emit 15 pounds per day or more of VOC. Surface condensers or equivalent controls shall be used if:

   (1)  Surface condensers are used, the condenser outlet gas temperature may not exceed:

     (i)   -25°C when condensing VOC of vapor pressure greater than 5.8 psi (40 kilopascals) when measured at 68°F.

     (ii)   -15°C when condensing VOC of vapor pressure greater than 2.9 psi (20 kilopascals) when measured at 68°F.

     (iii)   0°C when condensing VOC of vapor pressure greater than 1.5 psi (10 kilopascals) when measured at 68°F.

     (iv)   10°C when condensing VOC of vapor pressure greater than 1 psi (7 kilopascals) when measured at 68°F.

     (v)   25°C when condensing VOC of vapor pressure greater than .5 psi (3.5 kilopascals) when measured at 68°F.

   (2)  Equivalent controls are used, the VOC emissions shall be reduced by an equivalent or greater amount than would be required in paragraph (1).

 (c)  The owner or operator of a synthetic pharmaceutical manufacturing facility subject to this section shall reduce the VOC emissions from air dryers and production equipment exhaust systems:

   (1)  By at least 90% if emissions are 220 pounds per day (100 kilograms per day) or more of VOC.

   (2)  To 33 pounds per day or less if emissions are less than 220 pounds per day of VOC.

 (d)  The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this section shall enclose centrifuges, rotary vacuum filters and other filters having an exposed liquid surface, where the liquid contains VOC and exerts a total VOC vapor pressure of .5 psi (3.5 kilopascals) or more at 20°C.

 (e)  The owner or operator of a synthesized pharmaceutical facility subject to this section shall install covers on in-process tanks containing a VOC at any time. These covers shall remain closed, unless production, sampling, maintenance or inspection procedures require operator access.

 (f)  The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this section shall repair leaks from which a liquid, containing VOC, can be observed running or dripping. The repair shall be completed the first time the equipment is off-line for a period of time long enough to complete the repair.

   The provisions of this §  129.68 issued under the Air Pollution Control Act (35 P. S. § §  4001—4015).

   The provisions of this §  129.68 adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406. Immediately preceding text appears at serial pages (151694) to (151695).

 (a)  This section applies to pneumatic rubber tire manufacturing facilities. For purposes of this section, pneumatic rubber tire manufacturing means the production of pneumatic rubber passenger-type tires on a mass production basis. Passenger-type tires are agricultural, airplane, industrial, mobile home, light- or medium-duty truck or passenger vehicle tires with bead diameters up to 20 inches (50.8 centimeters) and cross-sectional dimensions up to 12.8 inches (32.5 centimeters). With prior written approval from the Department, the production of speciality tires for antique or other vehicles when produced on an irregular basis or with short production runs and when produced on equipment separate from normal production lines for passenger-type tires are exempt from the requirements of this section.

 (b)  The owner or operator of an undertread cementing, tread-end cementing or bead dipping operation subject to this section shall comply with the following:

   (1)  Install and operate a capture system designed to achieve maximum reasonable capture, of at least 85% by weight of VOC emitted, from undertread cementing, tread-end cementing and bead dipping operations. Maximum reasonable capture shall be consistent with the following documents:

     (i)   Industrial Ventilation, A Manual of Recommended Practices, 14th Edition, American Federation of Industrial Hygienists.

     (ii)   Recommended Industrial Ventilation Guidelines, United States Department of Human Services National Institute of Occupational Safety and Health.

   (2)  Install and operate a control device that meets the requirements of one of the following:

     (i)   A carbon adsorption system designed and operated in a manner so that there is at least a 95% removal of VOC by weight from the gases ducted to the control device.

     (ii)   An incineration system that oxidizes at least 90% of the nonmethane VOCs which enter the incinerator to carbon dioxide and water.

 (c)  The owner or operator of a green-tire spraying operation subject to this section shall implement one of the following means of reducing VOC emissions:

   (1)  Substitute water-based sprays for the normal solvent-based mold release compound.

   (2)  Install a capture system designed and operated in a manner that will capture and transfer at least 90% of the VOC emitted by the green-tire spraying operation to a control device that meets the requirements in subsection (b)(2).

 (d)  Notwithstanding the provisions of this section, the Department may allow a pneumatic rubber tire manufacturing facility to implement permanent and enforceable measures, including recordkeeping and reporting requirements, which are approved by the Department and the EPA as reasonably available control technology.

   The provisions of this §  129.69 issued under the Air Pollution Control Act (35 P. S. § §  4001—4015).

   The provisions of this §  129.69 adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720. Immediately preceding text appears at serial pages (159218) to (159219).

   The provisions of this §  129.70 adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; reserved September 4, 1998, effective September 5, 1998, 28 Pa.B. 4525. Immediately preceding text appears at serial pages (199542) to (199543).

 (a)  This section applies to surface active agent manufacturing facilities subject to §  129.72 (relating to manufacture of surface active agents) and to a facility with design capability to manufacture 1,000 tons per year or more of one or a combination of the following:

   (1)  Synthetic organic chemicals listed in 40 CFR 60.489 (relating to list of chemicals provided by affected facilities).

   (2)  Methyl tert-butyl ether.

   (3)  Polyethylene.

   (4)  Polypropylene.

   (5)  Polystyrene.

 (b)  Exempt from this section are systems operated entirely under a vacuum, or process fluids that contain less than 10% by weight of VOCs and systems in service handling compounds with vapor pressures less than 0.044 psia at 68° F.

 (c)  The owner or operator of a newly affected facility shall complete the following by May 24, 1993.

   (1)  Install a second valve, blind flange, plug, cap or other equivalent sealing system on open ended lines, except for safety pressure relief valves.

   (2)  Develop and initiate a leak detection program including liquid leaks for pumps, valves, compressors, vessels and safety pressure relief valves and a repair program for these components that cause a hydrocarbon detection instrument reading equal to or greater than 10,000 ppm. The leak detection and repair program shall include the following:

     (i)   A leak check during every calendar quarter of the components, by methods referenced in §  139.14 (relating to emissions of VOCs).

     (ii)   Attachment of an identification tag to the leaking component causing an instrument reading equal to or greater than 10,000 ppm. The identification tag shall be waterproof, readily visible, bear an identification number, the date on which the leak was detected and indicate if the component cannot be repaired until a process shutdown that will not occur within 15 days from the date of detection.

     (iii)   Repair and retest of a leaking component within 15 days or as soon as possible if a shutdown is required to make the repair.

     (iv)   A weekly visual check of pumps in light liquid service for indications of leaks.

     (v)   Check, by methods referenced in §  139.14, a safety relief valve within 24 hours after it has vented to the atmosphere to assure that the safety relief valve has resealed.

     (vi)   The initiation and maintenance of a log of leaking components. The log shall contain, at a minimum, the total number of components checked, the total number of components found leaking, the location of the leaking component, the type of component—for example, valve, seal and the like—the tag identification number, the date on which the component was discovered to be leaking, date of repair, leak detection instrument reading after repairs, the components that cannot be repaired until a process shutdown that will not occur within 15 days from the date of detection and a record of the calibration of the leak detection monitoring instrument. The monitoring log shall be retained by the owner for 2 years after the date on which an entry was made. The log shall be made available to the Department upon oral or written request.

 (d)  The owner or operator of a facility subject to this section may submit to the Department an alternative plan for the control of leaks from components. If the Department finds that the alternative plan will achieve an emission reduction which is equivalent to or greater than the reduction which can be achieved under this section and that the alternative plan is as enforceable as this section, the Department may approve the alternative plan.

 (e)  The owner or operator of a facility subject to this section may submit to the Department a list of components the inspection of which would involve a significant element of danger. The Department may exempt the components on the list from the requirements of this section if the owner or operator can demonstrate to the satisfaction of the Department that a significant element of danger exists which cannot be reasonably eliminated, and that these exemptions will not result in a significant reduction of the VOC emission control effectiveness.

   The provisions of this §  129.71 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.71 adopted May 6, 1988, effective May 7, 1988, 18 Pa.B. 2098; corrected May 20, 1988, effective May 7, 1988, 18 Pa.B. 2298; corrected July 1, 1988, effective May 7, 1988, 18 Pa.B. 2903; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720. Immediately preceding text appears at serial pages (159220) and (162531) to (162532).

 (a)  This section applies to a facility which has surface active agent manufacturing sources with a potential to emit greater than 100 tons of VOCs per year.

 (b)  A person may not cause or permit the emission into the outdoor atmosphere of VOCs from solvent wash tanks, reaction vessels, separaters, distillation processes, solvent strippers and solvent storage tanks unless the emissions are exhausted through an emission reduction system which is designed and operated to recover or destroy at least 90% by weight of the VOC emissions exhausted to the emission reduction system.

   The provisions of this §  129.72 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.72 adopted May 6, 1988, effective May 7, 1988, 18 Pa.B. 2098; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720. Immediately preceding text appears at serial page (162532).

 Except as provided in paragraph (1), this section applies to the manufacture or rework of commercial, civil or military aerospace vehicles or components at any facility which has the potential to emit 25 tons per year of VOCs or more.

   (1)  This section does not apply to cleaning and coating of aerospace components and vehicles as follows:

     (i)   At any source conducting research and development for the research and development activities.

     (ii)   For quality control and laboratory testing.

     (iii)   For production of electronic parts and assemblies (except for cleaning and coating of completed assemblies).

     (iv)   For rework operations performed on antique aerospace vehicles or components.

   (2)  Paragraph (3) does not apply to cleaning and coating of aerospace components and vehicles in the following circumstances:

     (i)   The use of touchup, aerosol and Department of Defense ‘‘classified’’ coatings.

     (ii)   The coating of space vehicles.

     (iii)   At facilities that use separate formulations in volumes less than 50 gallons per year to a maximum exemption of 200 gallons per year of all the coatings in aggregate for these formulations.

   (3)  Beginning April 10, 1999, a person may not apply to aerospace vehicles or components, aerospace specialty coatings, primers, topcoats and chemical milling maskants including VOC-containing materials added to the original coating supplied by the manufacturer, that contain VOCs in excess of the limits specified in Table II.

     (i)   Aerospace coatings that meet the definitions of the specific coatings in Table II shall meet those allowable coating VOC limits.

     (ii)   All other aerospace primers, aerospace topcoats and chemical milling maskants are subject to the general coating VOC limits for aerospace primers, aerospace topcoats and aerospace chemical milling maskants.

TABLE II

Allowable Content of VOCs in Aerospace Coatings
Allowable VOC Content

Weight of VOC Per Volume of Coating (Minus Water and Exempt Solvents)

	LIMIT
	POUNDS	GRAMS
	PER	PER
COATING TYPE	GALLON	LITER
Specialty Coatings
(1) Ablative Coating	5.0	600
(2) Adhesion Promoter	7.4	890
(3) Adhesive Bonding Primers:
(a) Cured at 250°F or below	7.1	850
(b) Cured above 250°F	8.6	1,030
(4) Adhesives:
(a) Commercial Interior Adhesive	6.3	760
(b) Cyanoacrylate Adhesive	8.5	1,020
(c) Fuel Tank Adhesive	5.2	620
(d) Nonstructural Adhesive	3.0	360
(e) Rocket Motor Bonding Adhesive	7.4	890
(f) Rubber-Based Adhesive	7.1	850
(g) Structural Autoclavable Adhesive	0.5	60
(h) Structural Nonautoclavable Adhesive	7.1	850
(5) Antichafe Coating	5.5	660
(6) Chemical Agent-Resistant Coating	4.6	550
(7) Clear Coating	6.0	720
(8) Commercial Exterior Aerodynamic Structure  Primer	5.4	650
(9) Compatible Substrate Primer	6.5	780
(10) Corrosion Prevention Compound	5.9	710
(11) Cryogenic Flexible Primer	5.4	645
(12) Cryoprotective Coating	5.0	600
(13) Electric or Radiation-Effect Coating	6.7	800
(14) Electrostatic Discharge and Electromagnetic  Interference (EMI) Coating	6.7	800
(15) Elevated Temperature Skydrol Resistant  Commercial Primer	6.2	740
(16) Epoxy Polyamide Topcoat	5.5	660
(17) Fire-Resistant (Interior) Coating	6.7	800
(18) Flexible Primer	5.4	640
(19) Flight-Test Coatings:
(a) Missile or Single Use Aircraft	3.5	420
(b) All Other	7.0	840
(20) Fuel-Tank Coating	6.0	720
(a) High-Temperature Coating	7.1	850
(21) Insulation Covering	6.2	740
(22) Intermediate Release Coating	6.2	750
(23) Lacquer	6.9	830
(24) Maskants:
(a) Bonding Maskant	10.2	1,230
(b) Critical Use and Line Sealer Maskant	8.6	1,020
(c) Seal Coat Maskant	10.2	1,230
(25) Metallized Epoxy Coating	6.2	740
(26) Mold Release	6.5	780
(27) Optical Anti-Reflective Coating	6.2	750
(28) Part Marking Coating	7.1	850
(29) Pretreatment Coating	6.5	780
(30) Rain Erosion-Resistant Coating	7.1	850
(31) Rocket Motor Nozzle Coating	5.5	660
(32) Scale Inhibitor	7.3	880
(33) Screen Print Ink	7.0	840
(34) Sealants:
(a) Extrudable/Rollable/Brushable Sealant	2.0	240
(b) Sprayable Sealant	5.0	600
(35) Self-Priming Topcoat	3.5	420
(36) Silicone Insulation Material	7.1	850
(37) Solid Film Lubricant	7.3	880
(38) Specialized Function Coating	7.4	890
(39) Temporary Protective Coating	2.7	320
(40) Thermal Control Coating	6.7	800
(41) Wet Fastener Installation Coating	5.6	675
(42) Wing Coating	7.1	850
Aerospace Primers, Aerospace Topcoats andAerospace Chemical Milling Maskants
(1) Primers	2.9	350
(2) Topcoats	3.5	420
(3) Chemical Milling Maskants (Type I/II)	1.3	160

---

   (4)  The mass of VOC per combined volume of VOC and coating solids, less water and exempt compounds shall be calculated for each coating by the following equation:

 Where:

 VOC = VOC content in grams per liter (g/l) of each coating less water and exempt solvents,

 W_v = Weight of total volatiles, % (100%-Weight % Nonvolatiles),

 W_w = Weight of water, %,

 W_ex = Weight of exempt solvent, %

 D_c = Density of coating, g/l at 25°C,

 D_w = Density of water, 0.997 x 10³ g/l at 25°C, and

 D_ex = Density of exempt solvent, g/l, at 25°C.

   To convert from grams per liter (g/l) to pounds per gallon (lb/gal), multiply the result (VOC content) by 8.345 x 10³ (lb/gal/g/l).

   (5)  Except as provided in paragraph (6), beginning April 10, 1999, a person shall use one or more of the following application techniques in applying primer or topcoat to aerospace vehicles or components:

     (i)   Flow/curtain coat.

     (ii)   Dip coat.

     (iii)   Roll coating.

     (iv)   Brush coating.

     (v)   Cotton-tipped swab application.

     (vi)   Electrodeposition (DIP) coating.

     (vii)   High volume low pressure (HVLP) spraying.

     (viii)   Electrostatic spray.

   (6)  The following situations are exempt from application equipment requirements listed in paragraph (5):

     (i)   Any situation that normally requires the use of an airbrush or an extension on the spray gun to properly apply coatings to limited access spaces.

     (ii)   The application of specialty coatings.

     (iii)   The application of coatings that contain fillers that adversely affect atomization with HVLP spray guns and that the applicant has demonstrated and the Department has determined cannot be applied by any of the application methods specified in paragraph (5).

     (iv)   The application of coatings that normally have a dried film thickness of less than 0.0013 centimeter (0.0005 in.) when the applicant has demonstrated and the Department has determined cannot be applied by any of the application methods specified in paragraph (5).

     (v)   The use of airbrush application methods for stenciling, lettering and other identification markings.

     (vi)   The use of hand-held spray can application methods.

     (vii)   Touch-up and repair operations.

   (7)  Except as provided in paragraph (8), beginning April 10, 1999, a person may not use solvents for hand-wipe cleaning of aerospace vehicles or components unless the cleaning solvents do one of the following:

     (i)   Meet the definition of ‘‘aqueous cleaning solvent’’ in §  121.1 (relating to definitions).

     (ii)   Have a VOC composite vapor pressure less than or equal to 45 millimeters (mmHg) at 20°C.

     (iii)   Is composed of a mixture of VOCs and has a maximum vapor pressure of 7 millimeters (mmHg) at 20°C (3.75 inches water at 68°F) and contains no hazardous air pollutants (HAP) or ozone depleting compounds.

   (8)  The following aerospace vehicle and component solvent cleaning operations are exempt from paragraph (7):

     (i)   Cleaning during the manufacture, assembly, installation, maintenance or testing of components of breathing oxygen systems that are exposed to the breathing oxygen.

     (ii)   Cleaning during the manufacture, assembly, installation, maintenance or testing of parts, subassemblies or assemblies that are exposed to strong oxidizers or reducers (for example, nitrogen tetroxide, liquid oxygen, hydrazine).

     (iii)   Cleaning and surface activation prior to adhesive bonding.

     (iv)   Cleaning of electronics parts and assemblies containing electronics parts.

     (v)   Cleaning of aircraft and ground support equipment fluid systems that are exposed to the fluid, including air-to-air heat exchangers and hydraulic fluid systems.

     (vi)   Cleaning of fuel cells, fuel tanks and confined spaces.

     (vii)   Surface cleaning of solar cells, coated optics and thermal control surfaces.

     (viii)   Cleaning during fabrication, assembly, installation and maintenance of upholstery, curtains, carpet and other textile materials used in or on the interior of the aircraft.

     (ix)   Cleaning of metallic and nonmetallic materials used in honeycomb cores during the manufacture or maintenance of these cores, and cleaning of the completed cores used in the manufacture of aerospace vehicles or components.

     (x)   Cleaning of aircraft transparencies, polycarbonate or glass substrates.

     (xi)   Cleaning and solvent usage associated with research and development, quality control or laboratory testing.

     (xii)   Cleaning operations, using nonflammable liquids, conducted within 5 feet of any alternating current (AC) or direct current (DC) electrical circuit on an assembled aircraft once electrical power is connected, including interior passenger and cargo areas, wheel wells and tail sections.

     (xiii)   Cleaning operations identified in an essential use waiver under section 604(d)(1) of the Clean Air Act (42 U.S.C.A. §  7671c(d)(1)) or a fire suppression or explosion prevention waiver under section 604(g)(1) of the Clean Air Act which has been reviewed and approved by the EPA and the voting parties of the International Montreal Protocol Committee.

   (9)  Cleaning solvents, except for semiaqueous cleaning solvents, used in the flush cleaning of aerospace vehicles, components, parts, and assemblies and coating unit components, shall be emptied into an enclosed container or collection system that is kept closed when not in use or captured with wipers which comply with the housekeeping requirements of paragraph (11). Aqueous cleaning solvents are exempt from these requirements.

   (10)  Spray guns used to apply aerospace coatings shall be cleaned by one of the following:

     (i)   An enclosed spray gun cleaning system that is kept closed when not in use. Leaks, including visible leakage, misting and clouding, shall be repaired within 14 days from when the leak is first discovered. Each owner or operator using an enclosed spray gun cleaner shall visually inspect the seals and all other potential sources of leaks at least once per month. The results of each inspection shall be recorded, and the record shall indicate the date of the inspection, the person who conducted the inspection and whether components were leaking. Records of the inspections shall be maintained for at least 2 years. Each inspection shall occur while the spray gun cleaner is in operation. If the leak is not repaired by the 15th day after detection, the solvent shall be removed and the enclosed cleaner shall be shut down until the leak is repaired or its use is permanently discontinued.

     (ii)   Unatomized discharge of solvent into a waste container that is kept closed when not in use.

     (iii)   Disassembly of the spray gun and cleaning in a vat that is kept closed when not in use.

     (iv)   Atomized spray into a waste container that is fitted with a device designed to capture atomized solvent emissions.

   (11)  The owner or operator of an affected facility shall implement the following housekeeping measures for cleaning solvents:

     (i)   Fresh and used cleaning solvents, except aqueous and semiaqueous cleaning solvents, used in solvent cleaning operations shall be stored in nonabsorbent, nonleaking containers. The containers shall be kept closed at all times except when filling or emptying.

     (ii)   Cloth and paper, or other absorbent applicators, moistened with cleaning solvents, except aqueous cleaning solvents, shall be stored in closed, nonabsorbent, nonleaking containers. Cotton-tipped swabs used for very small cleaning operations are exempt.

     (iii)   Handling and transfer procedures shall minimize spills during filling and transferring the cleaning solvent, except aqueous cleaning solvents, to or from enclosed systems, vats, waste containers and other cleaning operation equipment that holds or stores fresh or used cleaning solvents.

   (12)  The owner or operator of an affected facility may comply with this section by using approved air pollution control equipment provided that the following exist:

     (i)   The control system has combined VOC emissions capture and control equipment efficiency of at least 81% by weight.

     (ii)   The owner or operator received approval from the Department of a monitoring plan that specifies the applicable operating parameter value, or range of values, to ensure ongoing compliance with this section. The monitoring device shall be installed, calibrated, operated and maintained in accordance with the manufacturer’s specifications, good air pollution control practices that minimize VOC emissions, and the Department’s approval.

     (iii)   The owner or operator shall record monitoring parameters as specified in the approved monitoring plan.

   (13)  The owner or operator of an affected facility shall maintain records in accordance with § §  129.51 and 129.52 (relating to general; and surface coating processes) including:

     (i)   A current list of coatings in use categorized in accordance with Table II showing VOC content as applied and usage on an annual basis.

     (ii)   A current list of cleaning solvents used and annual usage for hand wiping solvents including the water content of aqueous and semiaqueous solvents and the vapor pressure and composite vapor pressure of all vapor pressure compliant solvents and solvent blends.

     (iii)   A current list and annual usage information for exempt hand-wipe cleaning solvents with a vapor pressure greater than 45 millimeters of mercury (mmHg) used in exempt hand-wipe cleaning operations.

   The provisions of this §  129.73 issued under section 5(a)(1) and (13) of the Air Pollution Control Act (35 P. S. §  4005(a)(1) and (13).

 (a)  Except as provided in subsection (b), this section applies to a person who applies mobile equipment repair and refinishing or color matched coatings to mobile equipment or mobile equipment components.

 (b)  This section does not apply to a person who applies surface coatings to mobile equipment or mobile equipment components under one of the following circumstances:

   (1)  The surface coating process is subject to the miscellaneous metal parts finishing requirements of §  129.52 (relating to surface coating processes).

   (2)  The surface coating process is at an automobile assembly plant.

   (3)  The person applying the coatings does not receive compensation for the application of the coatings.

 (c)  Beginning November 27, 2000, a person may not apply to mobile equipment or mobile equipment components any automotive pretreatment, automotive primer-surfacer, automotive primer-sealer, automotive topcoat and automotive specialty coatings including any VOC-containing materials added to the original coating supplied by the manufacturer, that contain VOC’s in excess of the limits specified in Table III.

Table III

Allowable Content of VOCs in Mobile Equipment
Repair and Refinishing Coatings

Allowable VOC Content
(as applied)

Weight of VOC per Volume of Coating (minus
water and non-VOC solvents)

	Limit
	Pounds	Grams per
Coating Type	per Gallon	Liter
Automotive pretreatment  primer	6.5	780
Automotive primer-surfacer	4.8	575
Automotive primer-sealer	4.6	550
Automotive topcoat
single stage-topcoat	5.0	600
2 stage basecoat/clearcoat	5.0	600
3 or 4-stage basecoat/clearcoat	5.2	625
Automotive multicolored  topcoat	5.7	680
Automotive specialty	7.0	840

 (d)  A person who provides mobile equipment repair and refinishing coatings subject to this section shall provide documentation concerning the VOC content of the coatings calculated in accordance with the following:

   (1)  The mass of VOC per combined volume of VOC and coating solids, less water and exempt compounds, shall be calculated by the following equation:

 where:

 VOC = VOC content in grams per liter (g/l) of coating less water and non-VOC solvents,

 W_v = Mass of total volatiles, in grams.

 W_w = Mass of water, in grams.

 W_ec = Mass of exempt compounds, in grams.

 V = Volume of coating, in liters.

 V_w = Volume of water, in liters.

 V_ec = Volume of exempt compounds, in liters.

 To convert from grams per liter to pounds per gallon (lb/gal), multiply the result (VOC content) by 8.345 x 10^-3 (lb/gal/g/l).

   (2)  The VOC content of a multistage topcoat shall be calculated by the following equation:

 where:

 VOCmulti = VOC content of multistage topcoat, g/l

 VOCbc = VOC content of basecoat, g/l

 VOCmci = VOC content of the midcoat(s), g/l

 VOCcc = VOC content of the clear coat, g/l

 M = number of midcoats

 (e)  Beginning November 27, 2000, a person at a facility subject to this section shall use one or more of the following application techniques to apply any finish material listed in Table III:

   (1)  Flow/curtain coating.

   (2)  Dip coating.

   (3)  Roller coating.

   (4)  Brush coating.

   (5)  Cotton-tipped swab application.

   (6)  Electrodeposition coating.

   (7)  High volume low pressure (HVLP) spraying.

   (8)  Electrostatic spray.

   (9)  Airless spray.

   (10)  Other coating application method that the person demonstrates and the Department determines achieves emission reductions equivalent to HVLP or electrostatic spray application methods.

 (f)  The following situations are exempt from the application equipment requirements in subsection (e):

   (1)  The use of airbrush application methods for stenciling, lettering and other identification markings.

   (2)  The application of coatings sold in nonrefillable aerosol containers.

   (3)  Automotive touch-up repair.

 (g)  Spray guns used to apply mobile equipment repair and refinishing coatings shall be cleaned by one of the following:

   (1)  An enclosed spray gun cleaning system that is kept closed when not in use.

   (2)  Unatomized discharge of solvent into a paint waste container that is kept closed when not in use.

   (3)  Disassembly of the spray gun and cleaning in a vat that is kept closed when not in use.

   (4)  Atomized spray into a paint waste container that is fitted with a device designed to capture atomized solvent emissions.

 (h)  The owner and operator of a facility subject to this section shall implement the following housekeeping and pollution prevention and training measures:

   (1)  Fresh and used coatings, solvent and cleaning solvents shall be stored in nonabsorbent, nonleaking containers. The containers shall be kept closed at all times except when filling or emptying.

   (2)  Cloth and paper, or other absorbent applicators, moistened with coatings, solvents or cleaning solvents, shall be stored in closed, nonabsorbent, nonleaking containers.

   (3)  Handling and transfer procedures shall minimize spills during the transfer of coatings, solvents and cleaning solvents through the use of devices including pumps or spouts on larger containers.

   (4)  Ensure that a person who applies mobile equipment repair and refinishing coatings has completed training in the proper use and handling of the mobile equipment repair and refinishing coatings, solvents and waste products to minimize the emission of air contaminants and to comply with this section.

   The provisions of this §  129.75 adopted November 24, 1999, effective November 27, 1999, 29 Pa.B. 6003.

MOBILE SOURCES

§ 129.81. Organic liquid cargo vessel loading and ballasting.

 The following provisions apply in the counties of Delaware and Philadelphia:

   (1)  A person may not cause or permit the loading of gasoline into an organic liquid cargo vessel unless the following exist:

     (i)   The VOC vapors displaced by the loading operation are processed through a vapor recovery or destruction device operated to reduce the VOCs by at least 90% by weight.

     (ii)   The vapor collection and transport system employed to carry VOCs to the vapor control system is maintained and operated so that it prevents the following:

       (A)   A reading equal to or greater than 100% of the lower explosive limit (LEL), measured as propane, at 1 inch (2.5 centimeters) from all points on the perimeter of a potential leak source when measured by the method referenced in §  139.14 (relating to emissions of VOCs) during loading operations.

       (B)   Avoidable liquid leaks during loading operations.

       (C)   Visually or audibly detectable leaks in the organic liquid cargo vessel’s cargo tanks, hatch covers, storage tanks pressure/vacuum relief values and associated vapor and liquid lines during loading.

     (iii)   The pressure and vacuum relief valves on the liquid cargo vessel are set to release at no less than 0.7 psig (4.8 kilopascals) of pressure or 0.3 psig (2.1 kilopascals) of vacuum or the highest allowable pressure and vacuum as specified in State or local fire codes, the National Fire Prevention Association guidelines or other National consensus standards acceptable to the Department.

   (2)  Except as provided in paragraph (4), a person may not cause or permit the emission of VOCs from the ballasting of an organic liquid cargo vessel containing crude oil or gasoline unless the emissions are processed through a vapor recovery or destruction device operated so as to reduce the VOCs by at least 90% by weight.

   (3)  Compliance with this section shall be achieved in accordance with the following:

     (i)   Installation of the piping, pressure relief valves and other devices necessary to collect and transport VOCs from affected organic liquid vessel cargo compartments to the required VOC vapor recovery/destruction system shall be completed by September 28, 1996.

     (ii)   Installation of vapor recovery devices/destruction devices at marine terminals shall be completed by September 28, 1994.

     (iii)   Installation of vessel mounted vapor recovery or destruction devices shall be completed by September 28, 1996.

   (4)  Other provisions of this section notwithstanding, the Department may allow a facility to implement permanent and enforceable measures, including recordkeeping and reporting requirements, which are approved by the EPA to reduce the emission of VOCs from ballasting of an organic liquid cargo vessel containing crude oil or gasoline as follows:

     (i)   By September 28, 1992, a minimum of 40% of the total volume of receipts of crude oil and gasoline during a specified period shall be delivered to the facility in vessels which do not ballast, such as barges, or in vessels which do not emit VOCs when ballasted, such as tankers using segregated ballast tanks.

     (ii)   By September 28, 1996, a minimum of 65% of the total volume of receipts of crude oil and gasoline during a specified period shall be delivered to the facility in vessels which do not ballast, such as barges, or in vessels which do not emit VOCs when ballasted, such as tankers using segregated ballast tanks.

     (iii)   By January 1, 2003, a minimum of 90% of the total volume of receipts of crude oil and gasoline during a specified period shall be delivered to the facility in vessels which do not ballast, such as barges, or in vessels which do not emit VOCs when ballasted, such as tankers using segregated ballast tanks.

     (iv)   By January 1, 2010, 98% of the total volume of receipts of crude oil and gasoline during a specified period shall be delivered to the facility in vessels which do not ballast, such as barges, or in vessels which do not emit VOCs when ballasted, such as tankers using segregated ballast tanks.

   (5)  Compliance with paragraphs (2)—(4) may also be achieved by meeting the requirements for equivalency in §  129.51(a) (relating to general).

   The provisions of this §  129.81 issued under sections 5 and 6.1 of the Air Pollution Control Act (35 P. S. § §  4005 and 4006.1).

   The provisions of this §  129.81 adopted September 27, 1991, effective September 28, 1991, 21 Pa.B. 4400.

 (a)  After the date specified in paragraph (1), (2) or (3), an owner or operator of a gasoline dispensing facility subject to this section may not transfer or allow the transfer of gasoline into a motor vehicle fuel tank unless the dispensing facility is equipped with a Department approved and properly operating Stage II vapor recovery or vapor collection system. Unless a higher percent reduction is required by the EPA under section 182 of the Clean Air Act (42 U.S.C.A. §  7511a), approval by the Department of a Stage II vapor collection system will be based on a determination that the system will collect at least 90% by weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling and the captured vapors are returned to a vapor tight holding system or vapor control system.

   (1)  This paragraph applies to gasoline dispensing facilities located in areas classified as moderate, serious or severe ozone nonattainment areas under section 181 of the Clean Air Act (42 U.S.C.A. §  7511) including the counties of Berks, Bucks, Chester, Delaware, Montgomery, Philadelphia with monthly throughputs greater than 10,000 gallons (37,850 liters). In the case of independent small business marketers of gasoline as defined in section 325 of the Clean Air Act (42 U.S.C.A. §  7625a), this section shall not apply if the monthly throughput is less than 50,000 gallons (189,250 liters).

     (i)   Facilities for which construction was commenced after November 15, 1990, shall achieve compliance by May 15, 1993.

     (ii)   Facilities which dispense greater than 100,000 gallons (378,500 liters) of gasoline per month, based on average monthly sales for the 2-year period immediately preceding November 15, 1992, shall achieve compliance by November 15, 1993.

     (iii)   Other affected facilities shall achieve compliance by November 15, 1994.

   (2)  Gasoline dispensing facilities with annual throughputs greater than 10,000 gallons (37,850 liters) in the counties of Bucks, Chester, Delaware, Montgomery and Philadelphia shall be subject to this section immediately upon the addition or replacement of one or more underground gasoline storage tanks for which construction was commenced after November 15, 1992.

   (3)  This paragraph applies to gasoline dispensing facilities located in the counties of Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland with monthly throughputs greater than 10,000 gallons (37,850 liters). In the case of independent small business marketers of gasoline as defined in section 325 of the Clean Air Act (42 U.S.C.A. §  7625a), this section does not apply if the monthly throughput is less than 50,000 gallons (189,250 liters).

     (i)   Facilities for which construction was commenced after April 1, 1997, shall achieve compliance at the time of opening of the gasoline dispensing facility.

     (ii)   Facilities which dispense greater than or equal to 120,000 gallons (454,200 liters) of gasoline per month, based on average monthly sales during calendar years 1995 and 1996, shall achieve compliance by July 1, 1999.

     (iii)   Facilities which dispense greater than 90,000 gallons (340,650 liters) per month but less than 120,000 gallons (454,200 liters) per month based on average monthly sales during calendar years 1995 and 1996 shall achieve compliance by December 31, 2000.

   (4)  For purposes of this section, the term ‘‘construction’’ includes, but is not limited to, the addition or replacement of one or more underground gasoline storage tanks.

 (b)  Owners or operators, or both, of gasoline dispensing facilities subject to this section shall:

   (1)  Install necessary Stage II vapor collection and control systems, provide necessary maintenance and make modifications necessary to comply with the requirements.

   (2)  Provide adequate training and written instructions to the operator of the affected gasoline dispensing facility to assure proper operation of the system.

   (3)  Immediately remove from service and tag any defective nozzle or dispensing system until the defective component is replaced or repaired. A component removed from service may not be returned to service until the defect is corrected. If the Department finds that a defective nozzle or dispensing system is not properly tagged during an inspection, the component may not be returned to service until the defect is corrected, and the Department approves its return to service.

   (4)  Conspicuously post-operating instructions for the system in the gasoline dispensing area which, at a minimum, include:

     (i)   A clear description of how to correctly dispense gasoline with the vapor recovery nozzles utilized at the site.

     (ii)   A warning that continued attempts to dispense gasoline after the system indicates that the vehicle fuel tank is full may result in spillage or recirculation of the gasoline into the vapor collection system.

     (iii)   A telephone number established by the Department for the public to report problems experienced with the system.

   (5)  Maintain records of system test results, monthly throughput, type and duration of any failures of the system and maintenance and repair records on the premises of the affected gasoline dispensing facility. The records shall be kept for at least 2 years and shall be made available for inspection, upon request, by the Department.

 (c)  If an area is reclassified from attainment or marginal nonattainment to serious, nonattainment under section 181 of the Clean Air Act, gasoline dispensing facilities located in the reclassified area will be subject to subsection (a)(1). For purposes of establishing an effecting date for the reclassified area, the date of the Federal Register final notice of the reclassification shall serve as the date of publication of this subsection as final in the Pennsylvania Bulletin.

 (d)  If an onboard canister refueling emissions control program has been fully implemented by the EPA by December 31, 2010, the operation and maintenance of Department-approved Stage II systems will no longer be required in the counties of Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland.

 (e)  The owners or operators of gasoline dispensing facilities shall comply with the functional testing and certification requirements specified in EPA’s Stage II Enforcement and Technical Guidance Documents developed under section 182 of the Clean Air Act to meet the Clean Air Act requirements.

   The provisions of this §  129.82 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.82 adopted February 7, 1992, effective February 8, 1992, 22 Pa.B. 585; amended April 9, 1999, effective April 10, 1999, 29 Pa.B. 1889. Immediately preceding text appears at serial pages (199547) to (199548) and (247043).

   This section cited in 25 Pa. Code §  129.91 (relating to control of major sources of NO_x and VOCs).

STATIONARY SOURCES OF NO_x AND VOCs

§ 129.91. Control of major sources of NO_x and VOCs.

 (a)  This section applies to both the owner and the operator of a major NO_x emitting facility or major VOC emitting facility for which no RACT requirement has been established in § §  129.51, 129.52, 129.54—129.72, 129.81 and 129.82. This section does not apply to the owner and operator of a major VOC emitting facility for which requirements have been established in §  129.52, Table I (11) (relating to surface coating processes) and § §  129.101—129.107 (relating to wood furniture manufacturing operations).

 (b)  The owner and the operator shall, jointly, provide the Department with the following information on or before May 16, 1994.

   (1)  An identification of each facility including individual sources to which this section applies.

   (2)  A determination through emission testing of the following:

     (i)   The total potential to emit and the actual emissions of VOCs for the 1990 calendar year from each source at the facility.

     (ii)   The total potential to emit and actual emissions of NO_x for the 1990 calendar year from each source at the facility.

 (c)  Alternative methods which accurately characterize the emissions for the 1990 calendar year may be used to determine potential and actual emissions under subsection (b) if emission test data are not available and the Department has approved the alternative method in writing.

 (d)  The owner and the operator of a major NO_x emitting facility or major VOC emitting facility shall, jointly, on or before July 15, 1994, provide to the Department and the EPA, Chief, Air Programs Branch, United States EPA, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107 a written proposal for RACT for each source of VOCs and NO_x at the facility. The RACT proposal shall include, at a minimum, the information contained in §  129.92 (relating to RACT proposal requirements).

 (e)  The Department will approve, deny or modify each RACT proposal.

 (f)  Upon receipt of notice of the Department’s approval of the RACT proposal, the facility shall begin implementation of the measures necessary to comply with the approved or modified RACT proposal. Implementation of the RACT program shall be completed according to the schedule established in the approved RACT program and shall be as expeditious as practicable but no later than May 31, 1995.

 (g)  Where the installation of a new source, modification or change in operation of an existing source will result in the source or facility meeting the definition of a major NO_x emitting facility or a major VOC emitting facility, the owner and the operator shall jointly submit a RACT proposal to the Department and the EPA that meets the requirements of this section, and complete implementation of the RACT proposal as approved or modified by the Department prior to the installation, modification or change in operation of the existing source.

 (h)  Except for sources which elect to comply with the presumptive RACT emission limitations in §  129.93 (relating to presumptive RACT emission limitations), the Department will submit each RACT determination to the EPA for approval as a revision to the SIP. A major NO_x emitting facility or major VOC emitting facility shall bear the costs of public hearings and notification required for EPA approval.

 (i)  Following the implementation of the RACT requirements, the owner and operator of a combustion unit with a rated heat input of 250 million Btus per hour or greater and subject to §  123.51 (relating to monitoring requirements) shall, through the use of a Department approved continuous emission monitoring system, determine the rate of emissions of NO_x from the combustion unit. Following the implementation of the RACT requirements, the owner and operator of a combustion unit with a rated heat input greater than 100 million Btus per hour and not subject to §  123.51, shall, through the use of either a Department approved periodic source testing program or predictive modeling program, determine the rate of emissions of NO_x from the combustion unit unless the owner and operator elects to use a Department approved continuous monitoring system.

 (j)  Based on the results of the emission monitoring conducted in accordance with subsection (i), the Department will determine the RACT emission limitations for the source and the Department will submit the emission limitations to the EPA as a Federally enforceable permit.

   The provisions of this §  129.91 amended under section 5(a)(1) of the Air Pollution Control Act (35 P. S. §  4005(a)(1)).

   The provisions of this §  129.91 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467; amended June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995. Immediately preceding text appears at serial pages (254494) to (254496).

 (a)  Each RACT proposal shall, at a minimum, include the following information:

   (1)  A list of each source subject to the RACT requirements.

   (2)  The size or capacity of each affected source and the types of fuel combusted or the types and quantities of materials processed or produced in each source.

   (3)  A physical description of each source and its operating characteristics.

   (4)  Estimates of the potential and actual NO_x and VOC emissions from each affected source and associated supporting documentation.

   (5)  A RACT analysis which meets the requirements of subsection (b), including technical and economic support documentation for each affected source.

   (6)  A schedule for completing implementation of the RACT proposal as expeditiously as practicable but not later than May 31, 1995, including interim dates for the issuance of purchase orders, start and completion of process, technology and control technology changes and the completion of compliance testing.

   (7)  The testing, monitoring, recordkeeping and reporting procedures proposed to demonstrate compliance with RACT.

   (8)  A plan approval application that meets the requirements of this article if required under §  127.11 (relating to plan approval requirements).

   (9)  An application for an operating permit amendment or application to incorporate the provisions of the RACT proposal.

   (10)  Additional information requested by the Department that is necessary for the evaluation of the RACT proposal.

 (b)  The RACT analysis required under subsection (a)(5) shall include:

   (1)  A ranking of the available control options for the affected source in descending order of control effectiveness. Available control options are air pollution control technologies or techniques with a reasonable potential for application to the source. Air pollution control technologies and techniques include the application of production process or methods, control systems for VOCs and NO_x and fuel combustion techniques for the control of NO_x. The control technologies and techniques shall include existing controls for the source category and technology transfer controls applied to similar source categories.

   (2)  An evaluation of the technical feasibility of the available control options identified in subsection (b)(1). The evaluation of technical feasibility shall be based on physical, chemical and engineering principles. A determination of technical infeasibility shall identify technical difficulties which would preclude the successful use of the control option on the affected source.

   (3)  A ranking of the technically feasible control options in order of overall control effectiveness for NO_x or VOC emissions. The list shall present the array of control options and shall include, at a minimum, the following information:

     (i)   The baseline emissions of VOCs and NO_x before implementation of each control option.

     (ii)   The estimated emission reduction potential or the estimated control efficiency of each control option.

     (iii)   The estimated emissions after the application of each control option.

     (iv)   The economic impacts of each control option, including both overall cost effectiveness and incremental cost effectiveness.

   (4)  An evaluation of cost effectiveness of each control option consistent with the ‘‘OAQPS Control Cost Manual’’ (Fourth Edition), EPA 450/3-90-006 January 1990 and subsequent revisions. The evaluation shall be conducted in accordance with the following requirements:

     (i)   The cost effectiveness shall be evaluated in terms of dollars per ton of NO_x or VOC emissions reduction.

     (ii)   The cost effectiveness shall be calculated on average and incremental bases for each option. Average cost effectiveness is calculated as the annualized cost of the control option divided by the baseline emissions rate minus the control option emission rate, as shown by the following formula:

 Average cost effectiveness ($/ton removed) =
Control option total annualized cost ($/yr)

     (iii)   For purposes of this paragraph, baseline emission rate represents the maximum emissions before the implementation of the control option. The baseline emissions rate shall be established using either test results or approved emission factors and historic operating data.

     (iv)   For purposes of this paragraph, the incremental cost effectiveness calculation compares the costs and emission level of a control option to those of the next most stringent option, as shown by the following formula:

 Incremental Cost (dollars) per incremental ton
removed) =
Control option total annualized cost ($/yr) - Total
annualized cost of next most stringent control option

 (c)  The RACT analysis, including the technical and economic documentation required by subsections (a)(5) and (b), will not be required for the sources which comply with the presumptive RACT emission limitations in §  129.93 (relating to presumptive RACT emission limitations).

   The provisions of this §  129.92 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467.

 (a)  The owner and operator of a major NO_x emitting facility listed in this section and subject to §  129.91 (relating to control of major sources of NO_x and VOCs) may elect to comply with the emission limitations of this section as an alternative to developing and implementing a RACT emission limitation on a case-by-case basis.

 (b)  The owner and operator shall develop and implement the following presumptive RACT emission limitations:

   (1)  For a coal-fired combustion unit with a rated heat input equal to or greater than 100 million Btu/hour, presumptive RACT shall be the installation and operation of low NO_x burners with separate overfire air.

   (2)  For a combustion unit with a rated heat input equal to or greater than 20 million Btu/hour and less than 50 million Btu/hour presumptive RACT shall be the performance of an annual adjustment or tuneup on the combustion process. This adjustment shall include, at a minimum, the following:

     (i)   Inspection, adjustment, cleaning or replacement of fuel-burning equipment, including the burners and moving parts necessary for proper operation as specified by the manufacturer.

     (ii)   Inspection of the flame pattern or characteristics and adjustments necessary to minimize total emissions of NO_x, and to the extent practicable minimize emissions of CO.

     (iii)   Inspection of the air-to-fuel ratio control system and adjustments necessary to ensure proper calibration and operation as specified by the manufacturer.

   (3)  For combustion units subject to paragraph (2), the owner and operator of the adjusted equipment shall record each adjustment conducted under the procedures in paragraph (2) in a permanently bound log book or other method approved by the Department. This log shall contain, at a minimum, the following information:

     (i)   The date of the tuning procedure.

     (ii)   The name of the service company and technicians.

     (iii)   The final operating rate or load.

     (iv)   The final CO and NO_x emission rates.

     (v)   The final excess oxygen rate.

     (vi)   Other information required by the applicable operating permit.

   (4)  For oil, gas and combination oil/gas units subject to paragraph (2), the owner and operator shall maintain records including a certification from the fuel supplier of the type of fuel and for each shipment of distillate oils number 1 or 2, a certification that the fuel complies with ASTM D396-78 ‘‘Standard Specifications for Fuel Oils.’’ For residual oils, minimum recordkeeping includes a certification from the fuel supplier of the nitrogen content of the fuel, and identification of the sampling method and sampling protocol.

   (5)  For oil and gas and combination oil/gas fired units subject to paragraph (2), the owner and operator shall make the annual adjustment in accordance with the EPA document ‘‘Combustion Efficiency Optimization Manual for Operators of Oil and Gas-fired Boilers,’’ September 1983 (EPA-340/1-83-023) or equivalent procedures approved in writing by the Department.

 (c)  For the following source types, presumptive RACT emission limitations are the installation, maintenance and operation of the source in accordance with manufacturers specifications:

   (1)  Boilers and other combustion sources with individual rated gross heat inputs less than 20 million Btu/hour of operation.

   (2)  Combustion turbines with individual heat input rates less than 25 million Btu/hour which are used for natural gas distribution.

   (3)  Internal combustion engines rated at less than 500 bhp (gross) which are set and maintaining 4° retarded relative to standard timing.

   (4)  Incinerators or thermal/catalytic oxidizers used primarily for air pollution control.

   (5)  Any fuel-burning equipment, gas turbine or internal combustion engine with an annual capacity factor of less than 5%, or an emergency standby engine operating less than 500 hours in a consecutive 12-month period.

   (6)  Sources which have been approved as meeting LAER for NO_x emissions since November 15, 1990, with Federally enforceable emission limitations.

   (7)  Sources which have been approved as meeting BACT for NO_x emissions since November 15, 1990, with Federally enforceable emission limitations. These sources shall, however, meet any more stringent category-wide RACT emission limitation promulgated by EPA or the Department.

   The provisions of this §  129.93 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467; amended April 22, 1994, effective April 23, 1994, 24 Pa.B. 2078. Immediately preceding text appears at serial pages (186080) to (186081).

 (a)  The owners and operators of major NO_x emitting facilities may submit a written proposal to the Department as part of an application for operating permits to average emissions to meet the RACT requirements of §  129.91 (relating to control of major sources of NO_x and VOCs). Emission averaging which complies with applicable EPA requirements and is approved as an SIP revision, and which meets the criteria in subsection (b) and is approved by the Department shall satisfy the requirements of §  129.91. The Department will approve, deny or modify each averaging proposal.

 (b)  The Department will not approve an emission averaging proposal unless the proposal demonstrates compliance with the following requirements to the Department’s satisfaction:

   (1)  The proposal shall demonstrate that the aggregate emissions achieved through the RACT averaging proposal are less than the sum of emissions that would be achieved by complying with the RACT requirement on a source specific basis.

   (2)  The averaging proposal shall include a tons per year emission cap and an emission rate such as pounds/million Btus for each source in the averaging proposal that provide for verification and enforcement of the averaging proposal.

   (3)  Emission reductions attributed to the shutdown or curtailment of operation of a source may not be included in an averaging proposal.

   (4)  The proposal shall demonstrate that the ambient air quality impact resulting from implementation of the averaging proposal is less than or equivalent to the impact from each source complying with the RACT requirements in §  129.91 and § §  129.92 and 129.93 (relating to RACT proposal requirements; and presumptive RACT emission limitations) individually. The demonstration shall consider the area of emissions impact and the periods of time of emissions impact except as follows:

     (i)   For emission averaging involving sources located within the same nonattainment area, the demonstration shall only consider the periods of time of emissions impact.

     (ii)   For emission averaging involving sources not located within the same nonattainment area which are located less than 200 kilometers from another source involved in the averaging proposal, the demonstration shall only consider the periods of time of emissions impact.

   (5)  The proposal shall provide that each source involved in the averaging proposal shall be required to use continuous emission monitors and record emissions following the requirements of Chapter 139 (relating to sampling and testing). The participating sources are required to establish telemetry links between the sources and to provide real time emission data to all sources affected by the averaging proposal. For an averaging proposal involving sources at a single facility, the Department may approve alternate requirements provided the proposal demonstrates that the alternate methodologies are credible, workable, replicable and fully enforceable and adequately quantify emissions from all sources participating in the averaging program.

 (c)  An averaging proposal shall be approved by the EPA as an SIP revision before the averaging proposal may be implemented.

 (d)  Every source or facility involved in the approved averaging proposal is in violation of its operating permit when a source or facility subject to the averaging proposal exceeds an emission limitation or averaging requirement established under this section.

 (e)  Additional emission reductions required under the act or the Clean Air Act or the regulations adopted under either the act or the Clean Air Act shall be in addition to and not a substitute for the emission reductions required by the averaging proposal.

   The provisions of this §  129.94 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467.

 (a)  The owner and operator of a major NO_x emitting facility or a major VOCs emitting facility shall keep records to demonstrate compliance with § §  129.91—129.94.

 (b)  The records shall provide sufficient data and calculations to clearly demonstrate that the requirements of § §  129.91—129.94 are met.

 (c)  Data or information required to determine compliance shall be recorded and maintained in a time frame consistent with the averaging period of the requirement.

 (d)  The records shall be retained for at least 2 years and shall be made available to the Department on request.

 (e)  An owner or operator claiming that a facility is exempt from the RACT requirements of § §  129.91—129.94, based on the facility’s potential to emit, shall maintain records that clearly demonstrate to the Department that the facility or source is not subject to § §  129.91—129.94.

   The provisions of this §  129.95 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467.

WOOD FURNITURE MANUFACTURING OPERATIONS

§ 129.101. General provisions and applicability.

 (a)  Beginning June 10, 2000, this section and § §  129.102—129.107 apply to each wood furniture manufacturing facility located in a county included in the northeast ozone transport region or in a county designated as severe, serious, moderate or marginal ozone nonattainment that emits or has the potential to emit 25 tons or more per year of VOCs from wood furniture manufacturing operations.

 (b)  The owner or operator of an existing wood furniture manufacturing facility subject to subsection (a) shall comply with this section and § §  129.102—129.107 by June 11, 2001, except for those facilities which have RACT determinations approved by the EPA as revisions to the SIP prior to June 10, 2000.

 (c)  An existing wood furniture manufacturing facility that increases its actual emissions or potential to emit to 25 tons per year or more of VOCs from wood furniture manufacturing operations shall comply with this section and § §  129.102—129.107 within 1 year after becoming subject to subsection (a), except for those facilities which have RACT determinations approved by the EPA as revisions to the SIP prior to June 10, 2000.

 (d)  At a minimum, a new source installed at an existing facility that is subject to the requirements of subsection (a) shall comply with the emission standards of §  129.102 (relating to emission standards) upon installation of the new source.

 (e)  The owner or operator of a wood furniture manufacturing facility subject to this section, § §  129.52 and 129.102—129.107 shall comply with the more stringent emissions limitation or applicable requirement for wood furniture manufacturing operations in §  129.52 or this section and § §  129.102—129.107.

 (f)  The VOC standards in §  129.102 Table IV do not apply to a coating used exclusively for determining product quality and commercial acceptance, touch-up and repair and other small quantity coatings if the coating meets the following criteria:

   (1)  The quantity of coating used does not exceed 50 gallons per year for a single coating and a total of 200 gallons per year for all coatings combined for the facility.

   (2)  The owner or operator of the facility requests, in writing, and the Department approves, in writing, the exemption prior to use of the coating.

   The provisions of this §  129.101 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. §  4005(a)(1)).

   The provisions of this §  129.101 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

 An owner or operator of a facility subject to this section, § §  129.101 and 129.103—129.107 shall limit VOC emissions from wood furniture manufacturing operations by:

   (1)  Applying either waterborne topcoats or a combination of sealers and topcoats and strippable spray booth coatings with a VOC content equal to or less than the standards specified in Table IV:

   (2)  Using an emissions averaging program which meets the requirements in §  129.107 (relating to special provisions for facilities using an emissions averaging approach).

   (3)  Using a control system that will achieve a reduction in emissions equivalent to 0.8 lb VOC/lb solids for topcoats or 1.8 lbs VOC/lb solids for topcoats and 1.9 lbs VOC/lb solids for sealers.

   (4)  Using a combination of the methods specified in paragraphs (1)—(3).

   The provisions of this §  129.102 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. §  4005(a)(1)).

   The provisions of this §  129.102 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

 (a)  Work practice implementation plan. Within 60 days after the compliance date specified in §  129.101(b) or (c) (relating to general provisions and applicability), an owner or operator of a facility subject to the requirements in this section and § §  129.101, 129.102 and 129.104—129.107 shall:

   (1)  Prepare and maintain a written work practice implementation plan that defines work practices for each wood furniture manufacturing operation and addresses the provisions in subsections (b)—(j). The owner or operator of the facility shall comply with the work practice implementation plan.

   (2)  Make available the written work practice implementation plan for inspection by the Department upon request. If the Department determines that the work practice implementation plan does not adequately address the criteria specified in subsections (b)—(j), the Department may require that the facility owner or operator modify the plan.

 (b)  Operator training program. New and existing personnel, including contract personnel, who are involved in coating, cleaning or washoff operations or implementation of the requirements of this section, § §  129.101, 129.102 and 129.104—129.107 shall complete an operator training program.

   (1)  For a facility subject to §  129.101(b), new personnel hired after June 10, 2000, shall be trained upon hiring. For a facility subject to the requirements of §  129.101(c), new personnel shall be trained upon hiring.

   (2)  For a facility subject to §  129.101(b), existing personnel hired before June 10, 2000, shall be trained by December 11, 2000. For a facility subject to §  129.101(c), existing personnel shall be trained at least 6 months before the compliance date.

   (3)  Personnel shall be given refresher training annually.

   (4)  A copy of the written operator training program shall be maintained with the work practice implementation plan. The operator training program shall include the following:

     (i)   A list of all current personnel by name and job description that are required to be trained.

     (ii)   An outline of the subjects to be covered in the initial and annual refresher training sessions for each position or group of personnel.

     (iii)   Lesson plans for courses to be given at the initial and annual refresher training sessions that include, at a minimum, appropriate application techniques, appropriate cleaning and washoff procedures, appropriate equipment setup and adjustment to minimize coating usage and overspray and appropriate management of cleanup wastes.

     (iv)   A description of the methods to be used at the completion of the initial or annual refresher training sessions to demonstrate and document successful completion.

     (v)   A record of the date each employe is trained.

 (c)  Leak inspection and maintenance plan. An owner or operator of a facility shall prepare and maintain with the work practice implementation plan a written leak inspection and maintenance plan which shall include the following:

   (1)  A minimum visual inspection frequency of once per month for all equipment used to transfer or apply coatings or solvents.

   (2)  An inspection schedule.

   (3)  The methods for documenting the date and results of each inspection and any repairs that were made.

   (4)  The time frame between identifying a leak and making the repair, which shall adhere to the following schedule:

     (i)   A first attempt at repairs, including tightening of packing glands, shall be made within 5 working days after the leak is detected.

     (ii)   Final repairs shall be made within 15 working days, unless the leaking equipment is to be replaced by a new purchase, in which case repairs shall be completed within 3 months.

 (d)  Cleaning and washoff solvent accounting system. A solvent accounting form shall be developed to account for solvents used in cleaning and washoff operations. The information recorded on the form shall include the following:

   (1)  The total number of pieces processed through washoff operations each month and the reason for the washoff operations.

   (2)  The name and total quantity of each solvent used each month for:

     (i)   Cleaning activities.

     (ii)   Washoff operations.

   (3)  The name and total quantity of each solvent evaporated to the atmosphere each month from:

     (i)   Cleaning activities.

     (ii)   Washoff operations.

 (e)  Spray booth cleaning. An owner or operator of a facility may not use compounds containing more than 8.0% by weight of VOC for cleaning spray booth components other than conveyors, continuous coaters and their enclosures, or metal filters, unless the spray booth is being refurbished. If the spray booth is being refurbished, that is, the spray booth coating or other material used to cover the booth is being replaced, the facility shall use no more than 1.0 gallon of solvent to prepare the booth prior to applying the booth coating.

 (f)  Storage requirements. An owner or operator of a facility shall use normally closed containers for storing coating, cleaning and washoff materials.

 (g)  Application equipment requirements. An owner or operator of a facility may not use conventional air spray guns to apply coatings except under any of the following circumstances:

   (1)  To apply coatings that have a VOC content no greater than 1.0 lb VOC/lb solids (1.0 kg VOC/kg solids), as applied.

   (2)  For touch-up and repair coatings under one of the following circumstances:

     (i)   The coatings are applied after completion of the wood furniture manufacturing operation.

     (ii)   The coatings are applied after the stain and before any other type of coating is applied, and the coatings are applied from a container that has a volume of no more than 2.0 gallons.

   (3)  The spray is automated, that is, the spray gun is aimed and triggered automatically, not manually.

   (4)  The emissions from the surface coating process are directed to a VOC control system.

   (5)  The conventional air spray gun is used to apply coatings and the cumulative total usage of those coatings is no more than 5.0% of the total gallons of coating used during each semiannual reporting period.

   (6)  The conventional air spray gun is used to apply stain on a part for which the Department notifies the operator, in writing, of its determination that it is technically or economically infeasible to use any other spray application technology. To support the facility’s claim of technical or economic infeasibility, a videotape, a technical report or other documentation shall be submitted to the Department showing either independently or in combination, the following:

     (i)   The production speed is too high or the part shape is too complex for one operator to coat the part, and the application station is not large enough to accommodate an additional operator.

     (ii)   The excessively large vertical spray area of the part makes it difficult to avoid sagging or runs in the stain.

 (h)  Line cleaning. The solvent used for line cleaning shall be pumped or drained into a normally closed container.

 (i)  Spray gun cleaning. The solvent used to clean spray guns shall be collected into a normally closed container.

 (j)  Washoff operations. The emissions from washoff operations shall be controlled by the following:

   (1)  Using normally closed containers for washoff operations.

   (2)  Minimizing dripping by tilting or rotating the part to drain as much solvent as possible.

   The provisions of this §  129.103 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. §  4005(a)(1)).

   The provisions of this §  129.103 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

 (a)  Compliance methods. An owner or operator of a facility subject to the emission standards in §  129.102 (relating to emission standards) shall demonstrate compliance with those provisions by using one or more of the following methods:

   (1)  To support that each sealer, topcoat and strippable spray booth coating meets the requirements of §  129.102(1) (relating to emission standards):

     (i)   Maintain CPDSs for each of the coatings.

     (ii)   Maintain documentation showing the VOC content of the as applied coating in lbs VOC/lb solids, if solvent or other VOC is added to the coating before application.

     (iii)   Perform sampling and testing in accordance with the procedures and test methods in Chapter 139 (relating to sampling and testing).

   (2)  To comply through the use of a control system as described in §  129.102(3):

     (i)   Calculate the required overall control efficiency needed to demonstrate compliance using the following equation:

O = (1 - E/C) x 100

   Where:

 C = the VOC content of the as applied coating, lbs VOC/lb solids

 E = the Table IV emission limit which shall be achieved by the affected emission point(s), lbs VOC/lb solids

 O = the overall control efficiency of the control system, expressed as a percentage

     (ii)   Document that the value of C in the equation in subparagraph (i) is obtained from the VOC and solids content of the as applied coating.

     (iii)   Determine the overall control efficiency of the control system using the procedures and test methods in Chapter 139 and demonstrate that the value of O calculated by the following equation is equal to or greater than the value of O calculated by the equation in subparagraph (i):

O = (F x N) (100)

   Where:

 F = the control device efficiency, expressed as a fraction

 N = the capture device efficiency, expressed as a fraction

 (b)  Initial compliance.

   (1)  Compliant coatings. An owner or operator of a facility subject to §  129.102(1) that is complying through the procedures in subsection (a)(1) shall submit an initial compliance status report as required by §  129.106(a) (relating to reporting requirements), stating that compliant sealers, topcoats and strippable spray booth coatings are being used by the facility.

   (2)  Continuous coaters. An owner or operator of a facility subject to §  129.102(1) that is complying through the procedures in subsection (a)(1) and is applying sealers, topcoats, or both, using continuous coaters shall demonstrate initial compliance by either:

     (i)   Submitting an initial compliance status report as required by §  129.106(a) stating that compliant sealers, topcoats, or both, as determined by the VOC content of the coating in the reservoir and as calculated from records, are being used.

     (ii)   Submitting an initial compliance status report as required by §  129.106(a) stating that compliant sealers, topcoats, or both, as determined by the VOC content of the coating in the reservoir, are being used and the viscosity of the coating in the reservoir is being monitored. The facility shall also provide data that demonstrates the correlation between the viscosity and the VOC content of the coating in the reservoir.

   (3)  Control systems. An owner or operator of a facility using a control system to comply with this section and § §  129.101—129.103 and 129.105—129.107 shall demonstrate initial compliance by submitting a report to the Department that:

     (i)   Identifies the operating parameter value to be monitored for the capture device and discusses why the parameter is appropriate for demonstrating ongoing compliance.

     (ii)   Includes the results of the initial performance testing using the procedures and test methods specified in Chapter 139.

     (iii)   Includes calculations of the overall control efficiency (O) using the equation in subsection (a)(2)(iii).

     (iv)   Defines those operating conditions of the control system critical to determining compliance and establishes operating parameter values that will ensure compliance with the standard:

       (A)   For compliance with a thermal incinerator, minimum combustion temperature shall be the operating parameter value.

       (B)   For compliance with another control system, the operating parameter value shall be established using the procedures identified in subsection (c)(3)(iv).

     (v)   An owner or operator of a facility complying with this paragraph shall calculate the site-specific operating parameter value as the arithmetic average of the maximum or minimum operating parameter values, as appropriate, that demonstrate compliance with the standards, using the procedures in Chapter 139.

   (4)  Work practice implementation plan. An owner or operator of a facility subject to the work practice standards of §  129.103 (relating to work practice standards) shall submit an initial compliance status report as required by §  129.106(a), stating that the work practice implementation plan has been developed and procedures have been established for implementing the provisions of the plan.

 (c)  Continuous compliance demonstrations. An owner or operator of a facility subject to the requirements of this section and § §  129.101—129.103 and 129.105—129.107 shall submit, in writing, to the Department a compliance certification with the semiannual report required by §  129.106(b).

   (1)  Compliant coatings. An owner or operator of a facility subject to §  129.102 that is complying through the procedures specified in subsection (a)(1) shall demonstrate continuous compliance by the following:

     (i)   Using compliant coatings.

     (ii)   Maintaining records that demonstrate the coatings are compliant.

     (iii)   Submitting a compliance certification which states that compliant sealers, topcoats, or both, and strippable spray booth coatings have been used each day in the semiannual reporting period or should otherwise identify the days of noncompliance and the reasons for noncompliance.

   (2)  Continuous coaters. An owner or operator of a facility subject to §  129.102 that is complying through the procedures specified in subsection (a)(1) and is applying sealers, topcoats, or both, using continuous coaters shall demonstrate continuous compliance by either:

     (i)   Using compliant coatings as determined by the VOC content of the coating in the reservoir and as calculated from records, and submitting a compliance certification which states that compliant sealers, topcoats, or both, have been used each day in the semiannual reporting period or should otherwise identify the days of noncompliance and the reasons for noncompliance.

     (ii)   Using compliant coatings, as determined by the VOC content of the coating in the reservoir, maintaining a viscosity of the coating in the reservoir that is no less than the viscosity of the initial coating by monitoring the viscosity with a viscosity meter or by testing the viscosity of the initial coating and retesting the viscosity of the coating in the reservoir each time solvent is added, maintaining records of solvent additions and submitting a compliance certification which states that compliant sealers, topcoats, or both, as determined by the VOC content of the coating in the reservoir, have been used each day in the semiannual reporting period. Additionally, the certification shall state that the viscosity of the coating in the reservoir has not been less than the viscosity of the initial coating, that is, the coating that is initially mixed and placed in the reservoir, for any day in the semiannual reporting period or should otherwise identify the days of noncompliance and the reasons for noncompliance.

   (3)  Control systems. An owner or operator of a facility subject to §  129.102 that is complying through the use of a control system shall demonstrate continuous compliance by the following:

     (i)   Installing, calibrating, maintaining and operating monitoring equipment approved, in writing, by the Department.

     (ii)   Using a device to monitor the site-specific operating parameter value established in accordance with subsection (b)(3)(i).

     (iii)   When a thermal incinerator is used, a temperature monitoring device equipped with a continuous recorder is required and shall be installed in the firebox or in the ductwork immediately downstream of the firebox at a location before any substantial heat exchange occurs.

     (iv)   An owner or operator using a control system not listed in this section shall submit, in writing, to the Department a description of the system, test data verifying the performance of the system, the appropriate operating parameter values that will be monitored and the monitoring device that will be used to demonstrate continuous compliance with the standard and receive, in writing, the Department’s approval prior to use.

     (v)   An owner or operator of a facility may not operate the control system at a daily average value greater than or less than (as appropriate) the operating parameter value. The daily average value shall be calculated as the average of all values for a monitored parameter recorded during the operating day.

     (vi)   Submitting a compliance certification which states that the control system has not been operated at a daily average value greater than or less than (as appropriate) the operating parameter value for each day in the semiannual reporting period or should otherwise identify the days of noncompliance and the reasons for noncompliance.

   (4)  Work practice implementation plan. An owner or operator of a facility subject to the work practice standards of §  129.103 shall demonstrate continuous compliance by following the work practice implementation plan and submitting a compliance certification which states that the work practice implementation plan is being followed, or should otherwise identify the periods of noncompliance with the work practice standards and the reasons for noncompliance.

 (d)  Compliance certification requirements. The compliance certification shall be signed by a responsible official of the company that owns or operates the facility. In addition to the certification requirements of this section, the certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the documents are true, accurate and complete.

   The provisions of this §  129.104 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. §  4005(a)(1)).

   The provisions of this §  129.104 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

 (a)  Requirement. The owner or operator of a wood furniture manufacturing operation shall keep records to demonstrate compliance with this section and § §  129.101—129.104, 129.106 and 129.107. The records shall be maintained for at least 5 years.

 (b)  Compliant coatings. The following records shall be maintained to demonstrate compliance with §  129.102 (relating to emission standards).

   (1)  A certified product data sheet for each coating and strippable spray booth coating subject to the emission limits of §  129.102.

   (2)  The VOC content as applied, lbs VOC/lb solids (kg VOC/kg solids), of each coating and strippable spray booth coating subject to the emission limits of §  129.102, and copies of data sheets documenting how the as applied values were determined.

 (c)  Continuous coaters. The owner or operator of a facility subject to the emission limits of §  129.102 that is complying through the procedures specified in §  129.104(a)(1) (relating to compliance procedures and monitoring requirements) and is applying sealers, topcoats, or both, using continuous coaters shall maintain the records required by subsections (a) and (b) and records of the following:

   (1)  Solvent and coating additions to the continuous coater reservoir.

   (2)  Viscosity measurements.

 (d)  Control systems. The owner or operator of a facility complying through the procedures in §  129.104(a)(2) by using a control system shall maintain the following records:

   (1)  Copies of the calculations to support the equivalency of using a control system, as well as the data that are necessary to support the calculation of C and E in §  129.104(a)(2)(i) and O in §  129.104(a)(2)(iii).

   (2)  Records of the daily average value of each continuously monitored parameter for each operating day. If all recorded values for a monitored parameter are within the range established during the initial performance test, the owner or operator may record that all values were within the range rather than calculating and recording an average for that day.

 (e)  Work practice implementation plan. The owner or operator of a facility subject to the work practice standards of §  129.103 (relating to work practice standards) shall maintain onsite copies of the work practice implementation plan and all records associated with fulfilling the requirements of that plan, including:

   (1)  Records demonstrating that the operator training program is in place.

   (2)  Records maintained in accordance with the leak inspection and maintenance plan.

   (3)  Records associated with the cleaning and washoff solvent accounting system.

   (4)  Records associated with the limitation on the use of conventional air spray guns showing total coating usage and the percentage of coatings applied with conventional air spray guns for each semiannual reporting period.

   (5)  Records showing the VOC content of compounds used for cleaning booth components, except for solvent used to clean conveyors, continuous coaters and their enclosures or metal filters.

   (6)  Copies of logs and other documentation developed to demonstrate that the other provisions of the work practice implementation plan are followed.

 (f)  In addition to the recordkeeping requirements of subsection (a), the owner or operator of a facility that complies with §  129.103 or §  129.104(a)(1) shall maintain a copy of the compliance certifications submitted in accordance with §  129.106(b) (relating to reporting requirements) for each semiannual period following the compliance date.

 (g)  The owner or operator of a facility shall maintain a copy of the other information submitted with the initial status report required by §  129.106(a) and the semiannual reports required by §  129.106(b).

   The provisions of this §  129.105 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. §  4005(a)(1)).

   The provisions of this §  129.105 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

 (a)  Initial compliance report date. The initial compliance report shall be submitted to the Department within 60 days after the compliance date specified in §  129.101(b) and (c) (relating to general provisions and applicability). The report shall include the items required by §  129.104(b) (relating to compliance procedures and monitoring requirements).

 (b)  Semiannual compliance report dates. When demonstrating compliance in accordance with §  129.104(a)(1) or (2), a semiannual report covering the previous 6 months of wood furniture manufacturing operations shall be submitted to the Department according to the following schedule:

   (1)  The first report shall be submitted within 30 calendar days after the end of the first 6-month period following the compliance date specified in §  129.101(b) and (c).

   (2)  Subsequent reports shall be submitted within 30 calendar days after the end of each 6-month period following the first report.

   (3)  Each semiannual report shall include the information required by §  129.104(c) and (d), a statement of whether the facility was in compliance or noncompliance and, if the facility was in noncompliance, the measures taken to bring the facility into compliance.

   The provisions of this §  129.106 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. §  4005(a)(1)).

   The provisions of this §  129.106 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

 (a)  Emissions averaging approach. An owner or operator of a facility subject to the emission limitations in §  129.102 (relating to emission standards) may use an emissions averaging approach which meets the equivalency requirements in §  129.51(a) (relating to general) to achieve compliance with §  129.52 (relating to surface coating processes) or this section and § §  129.101—129.106.

 (b)  Additional requirement. When complying with the requirements of §  129.52 or this section and § §  129.101—129.106 through emissions averaging, an additional 10% reduction in emissions shall be achieved when compared to a facility using a compliant coatings approach to meet the requirements of this section and § §  129.101—129.106.

 (c)  Program goals and rationale. When using an emissions averaging program, the following shall be submitted to the Department in writing:

   (1)  A summary of the reasons why the facility would like to comply with the emission limitations through an equivalency determination using emissions averaging procedures.

   (2)  A summary of how averaging can be used to meet the emission limitations.

 (d)  Program scope. A description of the types of coatings that will be included in the facility’s emissions averaging program shall also be submitted to the Department in writing:

   (1)  Stains, basecoats, washcoats, sealers and topcoats may all be used in the emissions averaging program.

   (2)  The owner or operator of the facility may choose other coatings for its emissions averaging program, if the program meets the equivalency requirements in §  129.51(a).

   (3)  Coatings that are applied using continuous coaters may only be used in an emissions averaging program if the owner or operator of the facility can determine the amount of coating used each day.

   (4)  A daily averaging period shall be used, except under the following conditions:

     (i)   A longer averaging period may be used if the owner or operator of the facility demonstrates in writing to the satisfaction of the Department that the emissions do not fluctuate significantly on a day-to-day basis.

     (ii)   The owner or operator of the facility requests in writing and the Department approves in writing the longer averaging period.

 (e)  Program baseline. The baseline for each coating included in the emissions averaging program shall be the lower of the actual or allowable emission rate as of June 10, 2000. The facility baseline emission rate may not be higher than what was presumed in the 1990 emissions inventory for the facility unless the Department has accounted for the increase in emissions as growth.

 (f)  Quantification procedures. The emissions averaging program shall specify methods and procedures for quantifying emissions. Quantification procedures for VOC content are included in Chapter 139 (relating to sampling and testing). The quantification procedures shall also include methods to determine the usage of each coating and shall be accurate enough to ensure that the facility’s actual emissions are less than the allowable emissions.

 (g)  Monitoring, recordkeeping and reporting. A written summary of the monitoring, recordkeeping and reporting procedures that will be used to demonstrate compliance on a daily basis, when using an emissions averaging approach, shall be submitted to the Department.

   (1)  The monitoring, recordkeeping and reporting procedures shall be structured so that inspectors and facility owners or operators can determine a facility’s compliance status for any day.

   (2)  The monitoring, recordkeeping and reporting procedures shall include methods for determining required data when monitoring, recordkeeping and reporting violations result in missing, inadequate or erroneous monitoring and recordkeeping.

   The provisions of this §  129.107 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. §  4005(a)(1)).

   The provisions of this §  129.107 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

   This section cited in 25 Pa. Code §  121.1 (relating to definitions); 25 Pa. Code §  129.91 (relating to control of major sources of NO_x and VOCs); 25 Pa. Code §  129.101 (relating to general provisions and applicability); 25 Pa. Code §  129.102 (relating to emission standards); 25 Pa. Code §  129.103 (relating to work practice standards); 25 Pa. Code §  129.104 (relating to compliance procedures and monitoring requirements); and 25 Pa. Code §  129.105 (relating to recordkeeping requirements).

ADDITIONAL NO_x REQUIREMENTS

§ 129.201. Boilers.

 (a)  By May 1, 2005, and each year thereafter, the owner or operator of a boiler that meets the definition of a boiler in §  145.2 (relating to definitions) located in Bucks, Chester, Delaware, Montgomery or Philadelphia County shall comply with this section and §  129.204 (relating to emission accountability). This section does not apply to naval marine combustion units operated by the United States Navy for the purposes of testing and operational training or to units that combust municipal waste at a facility that is permitted as a resource recovery facility under Part I, Subpart D, Article VIII (relating to municipal waste).

 (b)  By October 31, 2005, and each year thereafter, the owner or operator of the boiler shall calculate the difference between the actual emissions from the unit for the period from May 1 through September 30 and the allowable emissions for that period.

 (c)  The owner or operator shall calculate allowable emissions by multiplying the unit’s cumulative heat input for the period by the applicable emission rate in paragraph (1) or (2).

   (1)  The emission rate for a boiler with a nameplate rated capacity of greater than 100 million Btu/hour but less than or equal to 250 million Btu/hour shall be as follows:

     (i)   For a boiler firing natural gas or a boiler firing a noncommercial gaseous fuel, 0.10 pounds NOx per million Btu heat input.

     (ii)   For a boiler firing solid or liquid fuel, 0.20 pounds of NOx per million Btu heat input.

   (2)  The emission rate for a boiler with a nameplate rated capacity of greater than 250 million Btu/hour that is not subject to §  145.8(c) or (d) (relating to transition to CAIR NOx trading programs) shall be 0.17 pounds NOx per million Btu heat input.

   The provisions of this §  129.201 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.201 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509; amended April 11, 2008, effective April 12, 2008, 38 Pa.B. 1705. Immediately preceding text appears at serial pages (308492) to (308493).

 (a)  By May 1, 2005, and each year thereafter, the owner or operator of a stationary combustion turbine with a nameplate rated capacity of greater than 100 million Btu/hour located in Bucks, Chester, Delaware, Montgomery or Philadelphia County shall comply with this section and §  129.204 (relating to emission accountability). This section does not apply to naval marine stationary combustion turbines operated by the United States Navy for the purposes of testing and operational training.

 (b)  By October 31, 2005, and each year thereafter, the owner or operator of the stationary combustion turbine shall calculate the difference between the actual emissions from the unit for the period from May 1 through September 30 and the allowable emissions for that period.

 (c)  The owner or operator shall calculate allowable emissions by multiplying the unit’s cumulative heat input for the period by the applicable emission rate set forth in paragraph (1) or (2).

   (1)  The emission rate for a stationary combustion turbine with a nameplate rated capacity of greater than 100 million Btu/hour but less than or equal to 250 million Btu/hour heat input shall be as follows:

     (i)   A combined cycle or regenerative cycle stationary combustion turbine:

       (A)   When firing natural gas or a noncommercial gaseous fuel, 0.17 lbs NOx/MMBtu or 1.3 lbs NOx/MWH.

       (B)   When firing oil, 0.26 lbs NOx/MMBtu or 2.0 lbs NOx/MWH.

     (ii)   A simple cycle stationary combustion turbine:

       (A)   When firing natural gas or a noncommercial gaseous fuel, 0.20 lbs NOx/MMBtu or 2.2 lbs NOx/MWH.

       (B)   When firing oil, 0.30 lbs NOx/MMBtu or 3.0 lbs NOx/MWH.

   (2)  The emission rate for a stationary combustion turbine with a nameplate rated capacity of greater than 250 million Btu/hour heat input that is not subject to §  145.8(c) or (d) (relating to transition to CAIR NOx trading programs) is 0.17 lbs NOx per million Btu heat input.

   The provisions of this §  129.202 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.202 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509; amended April 11, 2008, effective April 12, 2008, 38 Pa.B. 1705. Immediately preceding text appears at serial pages (308493) to (308494).

 (a)  By May 1, 2005, the owner or operator of a stationary internal combustion engine rated at greater than 1,000 horsepower and located in Bucks, Chester, Delaware, Montgomery or Philadelphia County shall comply with this section and §  129.204 (relating to emission accountability). This section does not apply to naval marine combustion units operated by the United States Navy for the purposes of testing and operational training or to stationary internal combustion engines regulated under Chapter 145, Subchapter B (relating to emissions of NO_x from stationary internal combustion engines).

 (b)  By October 31, 2005, and each year thereafter, the owner or operator of the stationary internal combustion engine shall calculate the difference between the actual emissions from the unit during the period from May 1 through September 30 and the allowable emissions for that period.

 (c)  The owner or operator shall calculate allowable emissions by multiplying the cumulative hours of operations for the unit for the period by the horsepower rating of the unit and by the applicable emission rate set forth in paragraph (1) or (2).

   (1)  For a spark-ignited engine, 3.0 grams of NO_x per brake horsepower-hour.

   (2)  For a compression ignition stationary internal combustion engine firing diesel fuel or a combination of diesel fuel and natural gas, 2.3 grams of NO_x per brake horsepower-hour.

 (d)  Emissions from a stationary internal combustion engine that has been or is replaced by an electric motor may be counted as allowable emissions for purposes of this section and §  129.204, as follows:

   (1)  For a replaced spark-ignited engine, 3.0 grams of NO_x per brake horsepower-hour of the replacement motor, less 1.5 pounds of NO_x per MWH of electricity consumed by the replacement motor.

   (2)  For a replaced compression ignition stationary internal combustion engine that fired diesel fuel or a combination of diesel fuel and natural gas, 2.3 grams of NO_x per brake horsepower-hour, less 1.5 pounds of NO_x per MWH of electricity consumed by the replacement motor.

   The provisions of this §  129.203 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.203 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509.

 (a)  This section applies to units described in § §  129.201—129.203 (relating to boilers; stationary combustion turbines; and stationary internal combustion enginers).

 (b)  The owner or operator shall determine actual emissions in accordance with one of the following:

   (1)  If the owner or operator of the unit is required to monitor NOx emissions with a CEMS operated and maintained in accordance with a permit or State or Federal regulation, the CEMS data reported to the Department to comply with the monitoring and reporting requirements of this article shall be used. Any data invalidated under Chapter 139 (relating to sampling and testing) shall be substituted with data calculated using the potential emission rate for the unit or, if approved by the Department in writing, an alternative amount of emissions that is more representative of actual emissions that occurred during the period of invalid data.

   (2)  If the owner or operator of the unit is not required to monitor NOx emissions with a CEMS, one of the following shall be used to determine actual emissions of NOx:

     (i)   The 1-year average emission rate calculated from the most recent permit emission limit compliance demonstration test data for NOx.

     (ii)   The maximum hourly allowable NOx emission rate contained in the permit or the higher of the following:

       (A)   The highest rate determined by use of the emission factor for the unit class contained in the most up-to-date version of the EPA publication, ‘‘AP-42 Compilation of Air Pollution Emission Factors.’’

       (B)   The highest rate determined by use of the emission factor for the unit class contained in the most up-to-date version of EPA’s ‘‘Factor Information Retrieval (FIRE)’’ data system.

     (iii)   CEMS data, if the owner or operator elects to monitor NOx emissions with a CEMS. The owner or operator shall monitor emissions and report the data from the CEMS in accordance with Chapter 139 or Chapter 145 (relating to interstate pollution transport reduction). Any data invalidated under Chapter 139 shall be substituted with data calculated using the potential emission rate for the unit or, if approved by the Department in writing, an alternative amount of emissions that is more representative of actual emissions that occurred during the period of invalid data.

     (iv)   An alternate calculation and recordkeeping procedure based upon emissions testing and correlations with operating parameters. The operator of the unit shall demonstrate that the alternate procedure does not underestimate actual emissions throughout the allowable range of operating conditions. In regard to obtaining the Department’s approval for an alternate calculation method and recordkeeping procedure for actual emissions, the owner or operator may request an adjustment to the allowable emissions calculations set forth in § §  129.201—129.203. An allowable emission adjustment may not overestimate a unit’s allowable emissions and must be based upon the parameters and procedures proposed in the alternate calculation method for actual emissions. The alternate calculation and recordkeeping procedures must be approved by the Department, in writing, prior to implementation.

 (c)  The owner or operator of a unit subject to this section shall surrender to the Department one CAIR NOx allowance and one CAIR NOx Ozone Season allowance, as defined in 40 CFR 96.102 and 96.302 (relating to definitions), for each ton of NOx by which the combined actual emissions exceed the allowable emissions of the units subject to this section at a facility from May 1 through September 30. The surrendered allowances shall be of current year vintage. For the purpose of determining the amount of allowances to surrender, any remaining fraction of a ton equal to or greater than 0.50 ton is deemed to equal 1 ton and any fraction of a ton less than 0.50 ton is deemed to equal zero tons.

 (d)  If the combined allowable emissions from units subject to this section at a facility from May 1 through September 30 exceed the combined actual emissions from units subject to this section at the facility during the same period, the owner or operator may deduct the difference or any portion of the difference from the amount of actual emissions from units subject to this section at the owner or operator’s other facilities.

 (e)  By November 1, 2005, and by November 1 of each year thereafter, an owner or operator of a unit subject to this section shall surrender the required NOx allowances to the Department’s designated NOx allowance tracking system account and provide to the Department, in writing, the following:

   (1)  The serial number of each NOx allowance surrendered.

   (2)  The calculations used to determine the quantity of NOx allowances required to be surrendered.

 (f)  If an owner or operator fails to comply with subsection (e), the owner or operator shall by December 31 surrender three NOx allowances of the current or later year vintage for each NOx allowance that was required to be surrendered by November 1 of that year.

 (g)  The surrender of NOx allowances under subsection (f) does not affect the liability of the owner or operator of the unit for any fine, penalty or assessment, or an obligation to comply with any other remedy for the same violation, under the CAA or the act.

   (1)  For purposes of determining the number of days of violation, if a facility has excess emissions for the period May 1 through September 30, each day in that period (153 days) constitutes a day in violation unless the owner or operator of the unit demonstrates that a lesser number of days should be considered.

   (2)  Each ton of excess emissions is a separate violation.

   The provisions of this §  129.204 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.204 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509; amended April 11, 2008, effective April 12, 2008, 38 Pa.B. 1705. Immediately preceding text appears at serial pages (308495) to (308497).

 In calculating actual emissions from a facility under §  129.204 (relating to emission accountability), the owner or operator may deduct 1.5 pounds of NO_x per MWH of electricity or thermal power equivalent for each MWH of zero emission renewable energy produced, if the following conditions are met:

   (1)  The zero emission renewable energy production is certified in a tradable renewable certificate.

   (2)  The zero emission renewable energy was generated by a power source that produced zero emissions and used 100% renewable energy, such as solar or wind power, in producing the renewable energy. For hydropower, the power must be generated without the use of a dam.

   (3)  The zero emission renewable energy power source was originally brought into production on or after December 11, 2004.

   (4)  The zero emission renewable energy power source is located in Bucks, Chester, Delaware, Montgomery or Philadelphia County.

   (5)  The owner or operator surrenders the renewable tradable certificate to the Department.

   (6)  The owner or operator certifies that the conditions of this section have been satisfied.

   The provisions of this §  129.205 issued under section 5 of the Air Pollution Control Act (35 P. S. §  4005).

   The provisions of this §  129.205 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509.

APPENDIX A

   This appendix cited in 25 Pa. Code §  129.13 (relating to sulfur recovery plants).