§ 123.13. Processes.
(a) Subsections (b) and (c) apply to all processes except combustion units, incinerators and pulp mill smelt dissolving tanks.
(b) No person may permit the emission into the outdoor atmosphere of particulate matter from a process listed in the following table, at any time, either in excess of the rate calculated by the formula in paragraph (2) or in a manner that the concentration of particulate matter in the effluent gas exceeds .02 grains per dry standard cubic foot, whichever is greater:
Process Factor, F Process (in pounds per ton) Byproduct coke production: pushing operation 1 (coke pushed) Sole heated nonrecovery coke oven 20 (coal charged/oven) Carbon black manufacturing 500 (product) Charcoal manufacturing 400 (product) Paint manufacturing .05 (pigment handled) Phosphoric acid manufacturing 6 (P2 O5 produced) Detergent drying 30 (product) Alfalfa dehydration 30 (product) Grain elevators (loading or unloading) 90 (grain) Grain screening and cleaning 300 (grain) Grain drying 200 (product) Meat smoking .01 (meat) Ammonium nitrate manufacturing (granulator) .1 (product) Ferroalloy production furnace .3 (product) Primary iron and/or steel making: Iron production 100 (product) Sinteringwindbox 20 (dry solids feed) Steel production 40 (product) Scarfing 20 (product) Primary lead production: Roasting .004 (ore feed) Sinteringwindbox .2 (sinter) Lead reduction .5 (product) Primary zinc production: Roasting 3 (ore feed) Sinteringwindbox 2 (product) Zinc reduction 10 (product) Secondary aluminum production: Sweating 50 (aluminum product) Melting and refining 10 (aluminum feed) Brass and bronze production (melting and refining) 20 (product) Iron foundry: Melting: Five tons per hour and less 150 (iron) More than five tons per hour 50 (iron) Sand handling 20 (sand) Shake-out 20 (sand) Secondary lead smelting .5 (product) Secondary magnesium smelting .2 (product) Secondary zinc smelting: Sweating .01 (product) Refining .3 (product) Asphaltic concrete production 6 (aggregate feed) Asphalt roofing manufacturing: (felt saturation) .6 (asphalt used) Portland cement manufacturing: Clinker production 150 (dry solids feed) Clinker cooling 50 (product) Coal dry-cleaning 2 (product) Lime calcining 200 (product) Petroleum refining (catalytic cracking) 40 (liquid feed) Pressed, blown, and spun glass; glass production melting furnaces 50 (Fill)
(2) Formula.A = .76E0.42
where:A = Allowable emissions in pounds per hour. E = Emission index = F X W pounds per hour. F = Process factor in pounds per unit, and W = Production or charging rate in units per hour.
The factor F shall be obtained from the table in paragraph (1). The units for F and W shall be compatible.
(3) Allowable emissions. Allowable emissions under this subsection are graphically indicated in Appendix B.
(c) For processes not listed in subsection (b)(1), including, but not limited to, coke oven battery waste heat stacks and autogeneous zinc coker waste heat stacks, the following apply:
(1) Prohibited emissions. No person may permit the emission into the outdoor atmosphere of particulate matter from a process not listed in subsection (b)(1) in a manner that the concentration of particulate matter in the effluent gas exceeds any of the following:
(i) .04 grain per dry standard cubic foot, when the effluent gas volume is less than 150,000 dry standard cubic feet per minute.
(ii) The rate determined by the following formula:A = 6000 E-1
where: A = Allowable emissions in grains per dry standard cubic foot, and E = Effluent gas volume in dry standard cubic feet per minute,
when E is equal to or greater than 150,000 but less than 300,000.
(iii) .02 grain per dry standard cubic foot, when the effluent gas volume is greater than 300,000 dry standard cubic feet per minute.
(2) Allowable emissions. Allowable emissions under this subsection are graphically indicated in Appendix C.
(d) No person may permit the emission into the outdoor atmosphere of particulate matter from kraft and soda pulp mill smelt dissolving tanks in excess of .2 lb/ton black liquor solidsdry basis.
The provisions of this § 123.13 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); amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
The provisions of this § 123.13 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 824; amended July 25, 1975, effective August 11, 1975, 5 Pa.B. 1916; amended July 23, 1976, effective August 9, 1976, 6 Pa.B. 1730; amended August 12, 1978, effective August 29, 1978, 8 Pa.B. 2251; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended May 6, 1988, effective May 7, 1988, 18 Pa.B. 2102. Immediately preceding text appears at serial pages (84509) to (84511).
Notes of Decisions
To prove a criminal violation of § 123.1, as modified by this section, scientific evidence must be introduced proving beyond a reasonable doubt that the offensive fugitive emissions exceeded the permissible maximum set forth in this section. Department of Environmental Resources v. Locust Point Quarries, Inc., 367 A.2d 392 (Pa. Cmwlth. 1976).
Denial of Application
The Department is required to deny an application for reactivation of beehive coke ovens, regardless of economic consequences, when the application does not provide any information which would show that the ovens would meet the limitations applicable to fugitive emissions and constitutional rights are not violated even though there is no known method to operate beehive coke ovens in compliance with the regulations. Rochez Brothers Inc. v. Department of Environmental Resources, 334 A.2d 790 (Pa. Cmwlth. 1975).
Failure to Appeal
Where the party is aggrieved by Department order requiring compliance with this section by a certain date, failure to appeal the order bars an attack on the order and the validity of the regulation on which it was predicated in a subsequent enforcement proceeding brought by the Department. Department of Environmental Resources v. Wheeling-Pittsburgh Steel Corp., 348 A.2d 765 (Pa. Cmwlth. 1975); affirmed in part remanded in part; 357 A.2d 320 (Pa. 1977); cert. denied 98 S. Ct. 514 (Pa. 1977).
A quarry operation would appear to be included among those manufacturing processes outlined in this section but this interpretation does not preclude prosecution under another regulation restricting a distinct form of air contamination even though the same sources of contamination and the same contaminant are involved. Commonwealth v. Locust Point Quarries Inc., 72 Pa. D. & C.2d 700 (1975).
A steel corporation which is granted an extension of time for compliance with the standards relating to particulate matter emissions may not attack the validity of the order or the regulations on which it was predicated in a subsequent enforcement proceeding, and the corporation does not have the right to trial by jury even though it seeks declaratory relief in its answer to the enforcement petition. Department of Environmental Resources v. Wheeling-Pittsburgh Steel Corp., 375 A.2d 320 (Pa. Cmwlth. 1977); 348 A.2d 765 (Pa. Cmwlth. 1975).
Scope of Review
On appeal from the Departments refusal to grant applicant permission to reactivate certain coke ovens, where the appellant does not show that the oven would meet the limitations in this title but shows only the dire need for the coke to be produced, the scope of review is limited to whether constitutional rights were violated, an error of law committed or any necessary finding of fact not supported by the evidence. Rochez Brothers, Inc. v. Department of Environmental Resources, 334 A.2d 790 (Pa. Cmwlth. 1975).
This section cited in 25 Pa. Code § 121.8 (relating to compliance responsibilities); 25 Pa. Code § 129.15 (relating to coke pushing operations); and 25 Pa. Code § 139.12 (relating to emissions of particulate matter).
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