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CHAPTER 129. STANDARDS FOR SOURCES Sec.
129.1. [Reserved].
129.2. [Reserved].
129.3. [Reserved].
129.4. [Reserved].
129.5. [Reserved].
129.6. [Reserved].
MISCELLANEOUS SOURCES
129.11. Nitric acid plants.
129.12. Sulfuric acid plants.
129.13. Sulfur recovery plants.
129.14. Open burning operations.
129.15. Coke pushing operations.
129.16. Door maintenance, adjustment and replacement practices.
129.17. Kraft pulp mills.
129.18. Municipal waste incinerators.
SOURCES OF VOCs
129.51. General.
129.52. Surface coating processes.
129.52a. Control of VOC emissions from large appliance and metal furniture surface coating processes.
129.52b. Control of VOC emissions from paper, film and foil surface coating processes.
129.52c. Control of VOC emissions from flat wood paneling surface coating processes.
129.53. [Reserved].
129.54. Seasonal operation of auxiliary incineration equipment.
129.55. Petroleum refineriesspecific sources.
129.56. Storage tanks greater than 40,000 gallons capacity containing VOCs.
129.57. Storage tanks less than or equal to 40,000 gallons capacity containing VOCs.
129.58. Petroleum refineriesfugitive sources.
129.59. Bulk gasoline terminals.
129.60. Bulk gasoline plants.
129.61. Small gasoline storage tank control (Stage 1 control).
129.62. General standards for bulk gasoline terminals, bulk gasoline plants and small gasoline storage tanks.
129.63. Degreasing operations.
129.64. Cutback asphalt paving.
129.65. Ethylene production plants.
129.66. Compliance schedules and final compliance dates.
129.67. Graphic arts systems.
129.68. Manufacture of synthesized pharmaceutical products.
129.69. Manufacture of pneumatic rubber tires.
129.70. [Reserved].
129.71. Synthetic organic chemical and polymer manufacturingfugitive sources.
129.72. Manufacture of surface active agents.
129.73. Aerospace manufacturing and rework.
129.75. Mobile equipment repair and refinishing.
129.77. Control of emissions from the use or application of adhesives, sealants, primers and solvents.
MOBILE SOURCES
129.81. Organic liquid cargo vessel loading and ballasting.
129.82. Control of VOCs from gasoline dispensing facilities (Stage II).
STATIONARY SOURCES OF NOx AND VOCs
129.91. Control of major sources of NOx and VOCs.
129.92. RACT proposal requirements.
129.93. Presumptive RACT emission limitations.
129.94. NOx RACT emission averaging general requirements.
129.95. Recordkeeping.
WOOD FURNITURE MANUFACTURING OPERATIONS
129.101. General provisions and applicability.
129.102. Emission standards.
129.103. Work practice standards.
129.104. Compliance procedures and monitoring requirements.
129.105. Recordkeeping requirements.
129.106. Reporting requirements.
129.107. Special provisions for facilities using an emissions averaging approach.
ADDITIONAL NOx REQUIREMENTS
129.201. Boilers.
129.202. Stationary combustion turbines.
129.203. Stationary internal combustion engines.
129.204. Emission accountability.
129.205. Zero emission renewable energy production credit.
CONTROL OF NOx EMISSIONS FROM GLASS MELTING FURNACES
129.301. Purpose.
129.302. Applicability.
129.303. Exemptions.
129.304. Emission requirements.
129.305. Start-up requirements.
129.306. Shutdown requirements.
129.307. Idling requirements.
129.308. Compliance determination.
129.309. Compliance demonstration.
129.310. Recordkeeping.Source The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804, unless otherwise noted.
Cross References This chapter cited in 25 Pa. Code § 77.575 (relating to air resources protection); 25 Pa. Code § 87.137 (relating to air resources protection); 25 Pa. Code § 88.114 (relating to air resources protection); 25 Pa. Code § 88.205 (relating to air resources protection); 25 Pa. Code § 88.317 (relating to air resources protection); 25 Pa. Code § 89.64 (relating to air resources protection); 25 Pa. Code § 90.149 (relating to air resources protection); 25 Pa. Code § 126.102 (relating to sampling and testing); 25 Pa. Code § 127.44 (relating to public notice); 25 Pa. Code § 139.14 (relating to emissions of VOCs); and 25 Pa. Code § 139.101 (relating to general requirements).
§ 129.1. [Reserved].
Source The provisions of this § 129.1 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 (35386) to (35387).
§ 129.2. [Reserved].
Source The provisions of this § 129.2 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, reserved 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 (35387) and (4647).
§ 129.3. [Reserved].
Source The provisions of this § 129.3 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 page (4647).
§ 129.4. [Reserved].
Source The provisions of this § 129.4 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 page (4648).
§ 129.5. [Reserved].
Source The provisions of this § 129.5 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 page (4648).
§ 129.6. [Reserved].
Source 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.
Source The provisions of this § 129.11 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.
§ 129.12. Sulfuric acid plants.
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.
Source 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.
Cross References This section cited in 25 Pa. Code § 123.23 (relating to byproduct coke oven gas).
§ 129.13. Sulfur recovery plants.
(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.
Source 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.
Cross References 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).
Notes of Decisions A contractor who bids on a public works project and is given notice of the type of burning and disposal permitted under DER regulations is not entitled to additional compensation on the theory that the contractor was unaware that the project area was located in an air basin. Hempt Brothers, Inc. v. Department of Transportation, 388 A.2d 761, 763, (Pa. Cmwlth. 1978).
§ 129.15. Coke pushing operations.
(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.
Source 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).
Cross References The provisions of this § 129.17 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source The provisions of this § 129.17 adopted May 6, 1988, effective May 7, 1988, 18 Pa.B. 2102; amended October 26, 1990, effective October 27, 1990, 20 Pa.B. 5416; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406. Immediately preceding text appears at serial pages (151662) to (151663).
§ 129.18. Municipal waste incinerators.
(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 (NOx).
(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).
Authority The provisions of this § 129.18 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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, 129.52a, 129.52b, 129.52c and 129.54129.73 and 129.77 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, adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent or ink which meets the applicable emission limitation in § § 129.52, 129.52a, 129.52b, 129.52c, 129.67, 129.73 and 129.77 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, § 129.52a, § 129.52b, § 129.52c, § 129.67, § 129.68(b)(2) and (c)(2), § 129.73 or § 129.77.
(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.
Authority The provisions of this § 129.51 amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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; amended September 10, 2010, effective September 11, 2010, 40 Pa.B. 5132; amended November 19, 2010, effective November 20, 2010, 40 Pa.B. 6646; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7224; amended December 24, 2010, effective December 25, 2010, 40 Pa.B. 7340; corrected January 8, 2011, effective December 25, 2010, 41 Pa.B. 229. Immediately preceding text appears at serial pages (354342) to (354343).
Cross References 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).
Source 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; amended September 10, 2010, effective September 11, 2010, 40 Pa.B. 5132; amended November 19, 2010, effective November 20, 2010, 40 Pa.B. 6646. Immediately preceding text appears at serial pages (351885) to (351889).
Cross References The provisions of this § 129.52a issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source The provisions of this § 129.52a adopted September 10, 2010, effective September 11, 2010, 40 Pa.B. 5132.
Cross References The provisions of this § 129.52b issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source The provisions of this § 129.52b adopted November 19, 2010, effective November 20, 2010, 40 Pa.B. 6646.
Cross References The provisions of this § 129.52c issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source The provisions of this § 129.52c adopted December 17, 2010, effective December 18, 2010, 40 Pa.B. 7224.
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general).
§ 129.53. [Reserved].
Source The provisions of this § 129.53 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; reserved August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406. Immediately preceding text appears at serial pages (151668) to (151670).
§ 129.54. Seasonal operation of auxiliary incineration equipment.
Where incineration equipment employing natural gas as the auxiliary fuel has been installed to effect compliance with the discharge limitation of § 129.52, § § 129.55129.64 or § § 129.67129.69, 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.
Authority The provisions of this § 129.54 amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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).
Cross References 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).
Cross References 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).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.57 (relating to storage tanks less than or equal to 40,000 gallons capacity containing VOCs); 25 Pa. Code § 129.60 (relating to bulk gasoline plants); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.57. Storage tanks less than or equal to 40,000 gallons capacity containing VOCs.
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.
Authority 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).
Source 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).
Cross References The provisions of this § 129.58 issued under the Air Pollution Control Act (35 P. S. § § 40014015).
Source 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).
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.59. Bulk gasoline terminals.
(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.
Authority The provisions of this § 129.59 amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.60 (relating to bulk gasoline plants); 25 Pa. Code § 129.61 (relating to small gasoline storage tank control (stage I control)); 25 Pa. Code § 129.62 (relating to general standards for bulk gasoline terminals, bulk gasoline plants and small gasoline storage tanks); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.60. Bulk gasoline plants.
(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.
Authority 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).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.61 (relating to small gasoline storage tank control (Stage I control)); 25 Pa. Code § 129.62 (relating to general standards for bulk gasoline terminals, bulk gasoline plants and small gasoline storage tanks); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.61. Small gasoline storage tank control (Stage I control).
(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).
Authority 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).
Source 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).
Cross References 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).
Source 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).
Cross References 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).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.64. Cutback asphalt paving.
(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
Authority The provisions of this § 129.64 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.65. Ethylene production plants.
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.
Source 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.
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.66. Compliance schedules and final compliance dates.
The owner or operator of a source newly subject to the requirements of § § 129.52129.52c, § § 129.59129.61 or § § 129.67129.69 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), § 129.52a(a), § 129.52b(a), § 129.52c(a) or § 129.69. 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, § 129.52a, § 129.52b, § 129.52c or § 129.69 are published in the Pennsylvania Bulletin.
Authority 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).
Source 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; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7224. Immediately preceding text appears at serial pages (248201) to (248202).
Cross References The provisions of this § 129.67 issued under the Air Pollution Control Act (35 P. S. § § 40014015).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.52 (relating to surface coating processes); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.68. Manufacture of synthesized pharmaceutical products.
(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.
Authority The provisions of this § 129.68 issued under the Air Pollution Control Act (35 P. S. § § 40014015).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.69. Manufacture of pneumatic rubber tires.
(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.
Authority The provisions of this § 129.69 issued under the Air Pollution Control Act (35 P. S. § § 40014015).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.70. [Reserved].
Source 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).
Cross References The provisions of this § 129.71 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.51 (relating to general); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
§ 129.72. Manufacture of surface active agents.
(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.
Authority The provisions of this § 129.72 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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).
Cross References 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).
Source The provisions of this § 129.73 adopted April 9, 1999, effective April 10, 1999, 29 Pa.B. 1879.
Cross References The provisions of this § 129.77 adopted December 24, 2010, effective December 25, 2010, 40 Pa.B. 7340.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.51 (relating to general); and 25 Pa. Code § 130.703 (relating to exemptions and exceptions).
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 vessels 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).
Authority 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).
Source The provisions of this § 129.81 adopted September 27, 1991, effective September 28, 1991, 21 Pa.B. 4400.
Cross References The provisions of this § 129.82 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
STATIONARY SOURCES OF NOx AND VOCs
§ 129.91. Control of major sources of NOx and VOCs.
(a) This section applies to both the owner and the operator of a major NOx emitting facility or major VOC emitting facility for which no RACT requirement has been established in § § 129.51, 129.52, 129.54129.72, 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 § § 129.101129.107 (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 NOx 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 NOx 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 NOx 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 Departments 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 NOx 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 NOx 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 NOx 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 NOx 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.
Authority The provisions of this § 129.91 amended under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.52a (relating to control of VOC emissions from large appliance and metal furniture surface coating processes); 25 Pa. Code § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating porcesses); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.93 (relating to presumptive RACT emission limitations); 25 Pa. Code § 129.94 (relating to NOx RACT emission averaging general requirements); and 25 Pa. Code § 129.95 (relating to recordkeeping).
§ 129.92. RACT proposal requirements.
(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 NOx 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 NOx and fuel combustion techniques for the control of NOx. 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 NOx 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 NOx 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 NOx 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)
Baseline emission rate - Control option rate (tons/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
Next most stringent control option emission rate -
control option emission rate
(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).
Source The provisions of this § 129.92 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467.
Cross References This section cited in 25 Pa. Code § 129.52a (relating to control of VOC emissions from large appliance and metal furniture surface coating processes); 25 Pa. Code § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.94 (relating to NOx RACT emission averaging general requirements); and 25 Pa. Code § 129.95 (relating to recordkeeping).
§ 129.93. Presumptive RACT emission limitations.
(a) The owner and operator of a major NOx emitting facility listed in this section and subject to § 129.91 (relating to control of major sources of NOx 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 NOx 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 NOx, 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 NOx 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 NOx emissions since November 15, 1990, with Federally enforceable emission limitations.
(7) Sources which have been approved as meeting BACT for NOx 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.
Source 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).
Cross References This section cited in 25 Pa. Code § 129.52a (relating to control of VOC emissions from large appliance and metal furniture surface coating processes); 25 Pa. Code § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.92 (relating to RACT proposal requirements); 25 Pa. Code § 129.94 (relating to NOx RACT emission averaging general requirements); and 25 Pa. Code § 129.95 (relating to recordkeeping).
§ 129.94. NOx RACT emission averaging general requirements.
(a) The owners and operators of major NOx 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 NOx 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 Departments 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.
Source The provisions of this § 129.94 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467.
Cross References This section cited in 25 Pa. Code § 129.52a (relating to control of VOC emissions from large appliance and metal furniture surface coating processes); 25 Pa. Code § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); and 25 Pa. Code § 129.95 (relating to recordkeeping).
§ 129.95. Recordkeeping.
(a) The owner and operator of a major NOx emitting facility or a major VOCs emitting facility shall keep records to demonstrate compliance with § § 129.91129.94.
(b) The records shall provide sufficient data and calculations to clearly demonstrate that the requirements of § § 129.91129.94 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 § § 129.91129.94, based on the facilitys potential to emit, shall maintain records that clearly demonstrate to the Department that the facility or source is not subject to § § 129.91129.94.
Source The provisions of this § 129.95 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467.
Cross References This section cited in 25 Pa. Code § 129.52a (relating to control of VOC emissions from large appliance and metal furniture surface coating processes); 25 Pa. Code § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes); and 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes).
WOOD FURNITURE MANUFACTURING OPERATIONS
§ 129.101. General provisions and applicability.
(a) Beginning June 10, 2000, this section and § § 129.102129.107 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 § § 129.102129.107 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 § § 129.102129.107 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 129.102129.107 shall comply with the more stringent emissions limitation or applicable requirement for wood furniture manufacturing operations in § 129.52 or this section and § § 129.102129.107.
(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.
Authority The provisions of this § 129.101 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.101 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 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); 25 Pa. Code § 129.105 (relating to recordkeeping requirements); 25 Pa. Code § 129.106 (relating to reporting requirements); and 25 Pa. Code § 129.107 (relating to special provisions for facilities using an emissions averaging approach).
§ 129.102. Emission standards.
An owner or operator of a facility subject to this section, § § 129.101 and 129.103129.107 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:
Table IV
Emission Limits of VOC for Wood Furniture
Manufacturing Sealers, Topcoats and Strippable Spray
Booth Coatings As Applied, in Pounds of VOC Per
Pound of Coating Solids (kg VOC/kg of Coating
Solids), by Category(1) Waterborne Topcoats 0.8 (2) High solids coating systems Sealer 1.9 Topcoat 1.8 (3) Acid-cured alkyd amino systems (i) Acid-cured alkyd amino sealer 2.3 Acid-cured alkyd amino conversion varnish topcoat 2.0 (ii) Other sealer 1.9 Acid-cured alkyd amino conversion varnish topcoat 2.0 (iii) Acid-cured alkyd amino sealer 2.3 Other topcoat 1.8 (4) Waterborne strippable spray booth coating 0.8 (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).
Authority The provisions of this § 129.102 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.102 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.
Cross References The provisions of this § 129.103 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.103 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.
Cross References The provisions of this § 129.104 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.104 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx 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 § 129.105 (relating to recordkeeping requirements); 25 Pa. Code § 129.106 (relating to reporting requirements); and 25 Pa. Code § 129.107 (relating to special provisions for facilities using an emissions averaging approach).
§ 129.105. Recordkeeping requirements.
(a) Requirement. The owner or operator of a wood furniture manufacturing operation shall keep records to demonstrate compliance with this section and § § 129.101129.104, 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).
Authority The provisions of this § 129.105 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.105 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx 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 § 129.107 (relating to special provisions for facilities using an emissions averaging approach).
§ 129.106. Reporting requirements.
(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.
Authority The provisions of this § 129.106 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.106 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx 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); 25 Pa. Code § 129.105 (relating to recordkeeping requirements); and 25 Pa. Code § 129.106 (relating to reporting requirements).
§ 129.107. Special provisions for facilities using an emissions averaging approach.
(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 § § 129.101129.106.
(b) Additional requirement. When complying with the requirements of § 129.52 or this section and § § 129.101129.106 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 § § 129.101129.106.
(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 facilitys 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 facilitys 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 facilitys 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.
Authority The provisions of this § 129.107 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.107 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx 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 NOx 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 units 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.
Authority The provisions of this § 129.201 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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).
Cross References The provisions of this § 129.202 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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).
Cross References The provisions of this § 129.203 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source The provisions of this § 129.203 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509.
Cross References The provisions of this § 129.204 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source 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).
Cross References This section cited in 25 Pa. Code § 129.202 (relating to stationary combustion turbines); 25 Pa. Code § 129.203 (relating to stationary internal combustion engines); and 25 Pa. Code § 129.205 (relating to zero emissions renewable energy production credit).
§ 129.205. Zero emission renewable energy production credit.
In calculating actual emissions from a facility under § 129.204 (relating to emission accountability), the owner or operator may deduct 1.5 pounds of NOx 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.
Authority The provisions of this § 129.205 issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source The provisions of this § 129.205 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509.
CONTROL OF NOx EMISSIONS FROM GLASS MELTING FURNACES
§ 129.301. Purpose.
The purpose of this section and § § 129.302129.310 is to annually limit the emissions of NOx from glass melting furnaces.
Authority The provisions of this § 129.301 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.301 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).
§ 129.302. Applicability.
This section, § 129.301 (relating to purpose) and § § 129.303129.310 apply to an owner or operator of a glass melting furnace in this Commonwealth, including those within the jurisdiction of local air pollution control agencies in Philadelphia and Allegheny Counties approved under section 12 of the act (35 P. S. § 4012), that emits or has the potential to emit NOx at a rate greater than 50 tons per year.
Authority The provisions of this § 129.302 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.302 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).
§ 129.303. Exemptions.
(a) The emission requirements in § 129.304 (relating to emission requirements) do not apply during periods of start-up, shutdown, or idling as defined in § 121.1 (relating to definitions), if the owner or operator complies with the requirements in § § 129.305, 129.306 and 129.307 (relating to start-up requirements; shutdown requirements; and idling requirements).
(b) The owner or operator of a glass melting furnace claiming an exemption under subsection (a) shall notify the Department or the appropriate approved local air pollution control agency in writing within 24 hours after initiation of the operation for which the exemption is claimed. The methods for submitting the written notice may include e-mail, hand or courier delivery, certified mail or facsimile transmissions to the appropriate regional office described in § 121.4 (relating to regional organization of the Department) or appropriate approved local air pollution control agency. The notification must include:
(1) The date and time of the start of the exempt operation.
(2) The reason for performing the operation and an estimated completion date.
(3) Identification of the emission control system operating during the exemption period.
(c) The owner or operator of a glass melting furnace granted an exemption under this section shall maintain operating records or documentation, or both, necessary to support the claim for the exemption. The records shall be maintained for 5 years onsite and made available or submitted to the Department or appropriate approved local air pollution control agency, upon request.
(d) The owner or operator of a glass melting furnace shall notify the Department or the appropriate approved local air pollution control agencies in writing within 24 hours after completion of the operation for which the exemption is claimed.
Authority The provisions of this § 129.303 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.303 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.
Cross References The provisions of this § 129.304 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.304 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.303 (relating to exemptions); 25 Pa. Code § 129.307 (relating to idling requirements); 25 Pa. Code § 129.308 (relating to compliance determination); 25 Pa. Code § 129.309 (relating to compliance demonstration); and 25 Pa. Code § 129.310 (relating to recordkeeping).
§ 129.305. Start-up requirements.
(a) The owner or operator of the glass melting furnace shall submit, in writing, to the Department or appropriate approved local air pollution control agency, no later than 30 days prior to the anticipated date of start-up, information requested by the Department or appropriate approved local air pollution control agency to assure proper operation of the furnace. The information must include the following:
(1) A detailed list of activities to be performed during start-up and an explanation for the length of time needed to complete each activity.
(2) A description of the material process flow rates and system operating parameters and other information that the owner or operator plans to evaluate during the process optimization.
(b) The owner or operator of a glass melting furnace may submit a request for a start-up exemption in conjunction with the plan approval application if required. The actual length of the start-up exemption, if any, will be determined by the Department or appropriate approved local air pollution control agency at the time of the issuance of the plan approval or operating permit.
(c) The length of the start-up exemption following activation of the primary furnace combustion system may not exceed:
(1) Seventy days for a container, pressed or blown glass furnace.
(2) Forty days for a fiberglass furnace.
(3) One hundred and four days for a flat glass furnace and for all other glass melting furnaces not covered under paragraphs (1) and (2).
(d) The requirements of subsection (c) notwithstanding, if the NOx control system is not in common use or is not readily available from a commercial supplier, the length of the maximum start-up exemption following activation of the primary furnace combustion system is as follows:
(1) One hundred days for a container, pressed or blown glass furnace.
(2) One hundred and five days for a fiberglass furnace.
(3) Two hundred and eight days for a flat glass furnace and for all other glass melting furnaces not covered under paragraphs (1) and (2).
(e) The Department or appropriate approved local air pollution control agency may approve start-up exemptions, as appropriate, to the extent that the submittal clearly:
(1) Identifies the control technologies or strategies to be used.
(2) Describes the physical conditions that prevail during start-up periods that prevent the controls from being effective.
(3) Provides a reasonably precise estimate as to when physical conditions will have reached a state that allows for the effective control of emissions.
(f) During the start-up period, the owner or operator of a glass melting furnace shall maintain the stoichiometric ratio of the primary furnace combustion system so as not to exceed 5% excess oxygen, as calculated from the actual fuel and oxidant flow measurements for combustion in the glass melting furnace.
(g) The owner or operator shall place the emission control system in operation as soon as technologically feasible during start-up to minimize emissions.
Authority The provisions of this § 129.305 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.305 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.303 (relating to exemptions); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).
§ 129.306. Shutdown requirements.
(a) The duration of a glass melting furnace shutdown, as measured from the time the furnace operations drop below 25% of the permitted production capacity or fuel use capacity to when all emissions from the furnace cease, may not exceed 20 days.
(b) The owner or operator of a glass melting furnace shall operate the emission control system whenever technologically feasible, as approved by the Department or appropriate approved local air pollution control agency, during shutdown to minimize emissions.
Authority The provisions of this § 129.306 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.306 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.303 (relating to exemptions); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).
§ 129.307. Idling requirements.
(a) The owner or operator of a glass melting furnace shall operate the emission control system whenever technologically feasible, as approved by the Department or appropriate approved local air pollution control agency, during idling to minimize emissions.
(b) The NOx emissions during idling may not exceed the amount calculated using the following equation:
Pounds per day emission limit of NOx = (Applicable NOx emission limit specified in § 129.304(a) (relating to emission requirements) expressed in pounds per ton of glass produced) x (Furnace permitted production capacity in tons of glass produced per day)
Authority The provisions of this § 129.307 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.307 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.303 (relating to exemptions); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).
§ 129.308. Compliance determination.
(a) Not later than 14 days prior to the applicable compliance date under § 129.304(b) or (c), the owner or operator of a glass melting furnace subject to this section, § § 129.301129.307, 129.309 and 129.310 shall install, operate and maintain continuous emissions monitoring systems (CEMS, as defined in § 121.1 (relating to definitions)) for NOx and other monitoring systems to convert data to required reporting units in compliance with Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sources) and calculate actual emissions using the CEMS data reported to the Department. The owner or operator of a glass melting furnace may install or operate, or both, an alternate NOx emissions monitoring system or method, approved in writing by the Department or appropriate approved local air pollution control agency.
(b) Data invalidated under Chapter 139, Subchapter C, shall be substituted with the following if approved in writing by the Department or appropriate approved local air pollution control agency:
(1) The highest valid 1-hour emission value that occurred under similar source operating conditions during the reporting quarter.
(2) If no valid data were collected during the reporting quarter, one of the following shall be reported to the Department or appropriate approved local air pollution control agency:
(i) The highest valid 1-hour emission value that occurred under similar source operating conditions during the most recent quarter for which valid data were collected.
(ii) The highest valid 1-hour emission value that occurred under similar source operating conditions during an alternative reporting period.
(3) An alternative method of data substitution.
(c) Instead of data substitution, the Department or appropriate approved local air pollution control agency may approve an alternative procedure to quantify NOx emissions and glass production.
(d) The owner or operator of a glass furnace subject to this section shall submit to the Department or the appropriate approved local air pollution control agencies quarterly reports of CEMS monitoring data in pounds of NOx emitted per hour, in a format approved by the Department and in compliance with Chapter 139, Subchapter C, or a format approved by the appropriate approved local air pollution control agencies.
(e) The CEMS or approved monitoring system or method for NOx installed under this section must meet the minimum data availability requirements in Chapter 139, Subchapter C.
Authority The provisions of this § 129.308 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.308 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.304 (relating to emission requirements); and 25 Pa. Code § 129.310 (relating to recordkeeping).
§ 129.309. Compliance demonstration.
(a) The owner or operator of a glass melting furnace shall calculate and report to the Department or appropriate approved local air pollution control agency on a quarterly basis, no later than 30 days after the end of the quarter, the CEMS data and glass production data used to show compliance with the allowable NOx emission limitation specified in § 129.304 (relating to emission requirements). The glass production data must consist of the quantity of glass, in tons, pulled per day for each furnace.
(b) The owner or operator of a glass melting furnace shall demonstrate compliance with the emission requirements of § 129.304(a) using one of the following methods:
(1) On a furnace-by-furnace basis.
(2) Facility-wide emissions averaging.
(3) System-wide emissions averaging among glass melting furnaces under common control of the same owner or operator in this Commonwealth.
(c) The owner or operator of a glass melting furnace for which the Department or the appropriate approved local air pollution control agency has granted approval to voluntarily opt into a market-based program may not demonstrate compliance on an emissions averaging basis under subsection (b). An emission reduction obtained by emissions averaging to demonstrate compliance with the emission requirements of § 129.304(a) will not be considered surplus for emission reduction credit purposes. The owner or operator of a glass melting furnace shall demonstrate compliance with the emission requirements of § 129.304(a) in accordance with subsection (d).
(d) Compliance with the emission requirements of § 129.304(a) shall be determined on a 30-day rolling average basis.
Authority The provisions of this § 129.309 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.309 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).
§ 129.310. Recordkeeping.
(a) The owner or operator of a glass melting furnace subject to this section and § § 129.301129.309 shall maintain records to demonstrate compliance. The records must include an operating log maintained for each glass melting furnace that includes, on a daily basis:
(1) The total hours of operation.
(2) The type and quantity of fuel used.
(3) The quantity of glass pulled.
(b) The owner or operator of a glass melting furnace shall maintain records of:
(1) Source tests and operating parameters established during the initial source test.
(2) Maintenance, repairs, malfunctions, idling, start-up and shutdown.
(c) The owner or operator claiming that a glass melting furnace is exempt from the requirements of § § 129.301129.309 based on the furnaces potential to emit shall maintain records that clearly demonstrate to the Department or appropriate approved local air pollution control agency that the furnace is not subject to § § 129.301129.309.
(d) The records required under this section shall be maintained onsite for 5 years. The records shall be made available or submitted to the Department or appropriate approved local air pollution control agency upon request.
Authority The provisions of this § 129.310 issued under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).
Source The provisions of this § 129.310 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.304 (relating to emission requirements); and 25 Pa. Code § 129.308 (relating to compliance determination).
APPENDIX A
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Cross References This appendix cited in 25 Pa. Code § 129.13 (relating to sulfur recovery plants).
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