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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.
129.53. [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.
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.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, 36 Pa. Commw. 516, 520, 388 A.2d 761, 763, (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 and 129.54129.73 may be achieved by alternative methods if the following exist:
(1) The alternative method is approved by the Department in an applicable plan approval or operating permit, or both.
(2) The resulting emissions are equal to or less than the emissions that would have been discharged by complying with the applicable emission limitation.
(3) Compliance by a method other than the use of a low VOC coating or ink which meets the applicable emission limitation in § § 129.52, 129.67 and 129.73 (relating to surface coating processes; graphic arts systems; and aerospace manufacturing and rework) shall be determined on the basis of equal volumes of solids.
(4) Capture efficiency testing and emissions testing are conducted in accordance with methods approved by the EPA.
(5) Adequate records are maintained to ensure enforceability.
(6) The alternative compliance method is incorporated into a plan approval or operating permit, or both, reviewed by the EPA, including the use of an air cleaning device to comply with § 129.52, § 129.67, § 129.68(b)(2) and (c)(2) or § 129.73.
(b) New source performance standards. Sources covered by new source performance standards which are more stringent than those contained in this chapter shall comply with those standards in lieu of the standards found in this chapter.
(c) Demonstration of compliance. Test methods and procedures used to monitor compliance with the emission requirements of this section are those specified in Chapter 139 (relating to sampling and testing).
(d) Records. The owner or operator of a facility or source subject to the VOC emission limitations and control requirements in this chapter shall keep records to demonstrate compliance with the applicable limitation or control requirement.
(1) The records shall provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met. Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard.
(2) The records shall be retained at least 2 years and shall be made available to the Department on request.
(3) An owner or operator claiming that a facility or source is exempt from the VOC control provisions of this chapter shall maintain records that clearly demonstrate to the Department that the facility or source is not subject to the VOC emission limitations or control requirements.
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. Immediately preceding text appears at serial pages (199516) to (199517).
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. Immediately preceding text appears at serial pages (254477) to (254478) and (261884).
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); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); 25 Pa. Code § 129.67 (relating to graphic arts systems); 25 Pa. Code § 129.73 (relating to aerospace manufacturing and rework); 25 Pa. Code § 129.75 (relating to mobile equipment repair and refinishing); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); and 25 Pa. Code § 129.101 (relating to general provisions and applicability).
§ 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