PROPOSED RULEMAKING
ENVIRONMENTAL QUALITY BOARD
[25 PA. CODE CHS. 121--123, 137 AND 139]
Air Quality-RBI 1
[27 Pa.B. 1822] The Environmental Quality Board (Board) proposes to amend Chapters 121--123, 137 and 139 to read as set forth in Annex A.
The changes to § 121.1 (relating to definitions) conform the definitions related to coke ovens, ''major modification,'' ''modification,'' ''potential to emit,'' ''responsible official'' and ''secondary emissions'' to the Federal definitions of these terms. The changes to Chapter 122 (relating to National Standards of Performance for New Stationary Sources) incorporate by reference the new source performance standard guidelines established under section 111(d) of the Clean Air Act. The changes to Chapter 123 (relating to standards for contaminants) make this chapter consistent with the maximum achievable control technology (MACT) standards for coke ovens promulgated by the Environmental Protection Agency (EPA) under the Clean Air Act. The change to Chapter 137 (relating to air pollution episodes) eliminates the mandatory requirement for submission of standby plans to address air pollution episodes. The changes to Chapter 139 (relating to sampling and testing) make the provisions for particulate matter testing and monitoring of coke oven emissions consistent with Federal requirements. The changes to Chapter 139 also establish consistent data availability requirements for all continuous emission monitoring systems (CEMS) sources and extend the monitoring provisions applicable to municipal waste incinerators to hospital waste incinerators.
This notice is given under Board order at its meeting of February 18, 1997.
A. Effective Date
These proposed amendments will be effective upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of Compliance and Enforcement, Bureau of Air Quality, 12th Floor Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468 (717) 787-1663, or M. Dukes Pepper, Jr., Assistant Counsel, Bureau of Regulatory Counsel, Office of Chief Counsel, 9th Floor Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464 (717) 787-7060.
C. Statutory Authority
This action is being taken under the authority of section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)), which grants to the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution.
D. Background of the Proposed Amendment
The Regulatory Basics Initiative was announced in August 1995 as an overall review of the Department of Environmental Protection's (Department) regulations and policies. The Department solicited public comments in August of 1995 by giving the regulated community, local governments, environmental interests and the general public the opportunity to identify specific regulations which are either more stringent than Federal standards, serve as barriers to innovation, or are obsolete or unnecessary, or which impose costs beyond reasonable environmental benefits or serve as barriers to adopting new environmental technologies, recycling and pollution prevention.
In February 1996, the Governor executed Executive Order 1996-1 Regulatory Review and Promulgation establishing standards for the development and promulgation of regulations. This proposal meets the requirements of Executive Order 1996-1.
These proposed amendments are the first in a series of regulatory proposals implementing changes to the Department's air resource regulations resulting from the Regulatory Basics Initiative. In general, these proposed changes make the Department's regulations consistent with Federal requirements, delete obsolete and unnecessary provisions and apply the Department's monitoring requirements in a consistent fashion for all affected sources.
The Department worked with the air subcommittee of the Air and Water Quality Technical Advisory Committee (AWQTAC) in the development of these regulations. At its December 11, 1996, meeting, the AWQTAC recommended adoption of the proposed amendments.
E. Summary of Regulatory Revisions
The Department is proposing modifications to the definitions of ''coke oven battery,'' ''coke oven gas collector main,'' ''door area,'' ''major modification,'' ''modification,'' ''potential to emit,'' ''responsible official'' and ''secondary emissions.'' In each case, the proposed changes make the definitions consistent with Federal definitions of these terms promulgated under the Clean Air Act. The definition of ''major modification'' does not include the Federal exclusion for combustion of municipal waste and is, therefore, more stringent than the Federal definition. Because of the public concern about municipal waste combustion, the Department proposes to retain authority to evaluate municipal waste combustion on a case-by-case basis.
The Department's regulations in § 122.3 (relating to adoption of standards) adopt by reference the Federal new source performance standards promulgated under section 111 of the Clean Air Act (42 U.S.C.A. § 7411). The Department is proposing to amend the regulations at § 122.3 to incorporate Federal standards established under section 111 of the Clean Air Act. The existing language does not incorporate by reference emission guidelines established under section 111(d). However, Chapter 121 already defines section 111(d) guidelines to be ''applicable requirements.'' The Department's permitting regulations in §§ 127.12(a)(4) and 127.411(a)(5) (relating to content of applications) require permit applicants to demonstrate that they meet the applicable requirements. Consequently, the proposed regulatory modification will simply codify at § 122.3 the Department's existing regulatory requirement.
The changes to § 123.44 (relating to limitations of visible fugitive air contaminants from operation of any coke oven battery) make this section consistent with the MACT for coke ovens promulgated by the EPA under the Clean Air Act.
The changes to § 137.4 (relating to standby plans) change the provisions for standby plans to address air pollution episodes. Specifically, subsection (b) proposes that the Department classify each county as an area requiring a standby plan based on monitored exceedances of any National ambient air quality standard (NAAQS). The existing regulation lists each pollutant along with its ambient concentration. The Department proposes to reference the NAAQS as the reference point for determining counties subject to the standby plan requirements. In addition, subsection (c) is proposed to be modified to only require standby plans when requested by the Department. This provision will conform § 137.4 to the existing requirements in § 127.411(a)(8). Finally, subsection (f) is being modified to make clear that the standby plan shall be provided by an individual responsible for the entire facility to the Department.
Chapter 139 is being modified in five ways. First, § 139.12 (relating to emissions of particulate matter) proposes to delete a portion of the monitoring requirements for particulate matter sampling because the provision is more stringent than the applicable Federal requirement and provides little environmental benefit. Second, §§ 139.61 and 139.62 (relating to requirements; and waiver of certain monitoring requirements) are proposed for deletion. These provisions establish monitoring standards for coke ovens which have been superseded by the promulgation of the coke oven MACT standard by the EPA. This change will make the Commonwealth's regulations consistent with Federal requirements. Third, § 139.101 (relating to general requirements) changes the requirements related to data availability for data captured by a CEM. A general data availability requirement in § 139.101 was adopted in 1990, and CEMs covered in § 139.104 (relating to sulfur dioxide and nitrogen oxides monitoring requirements for combustion sources) were grandfathered. With deletion of § 139.104, the general data availability standard in § 139.101 would apply. CEMS would be required to meet the following minimum data availability requirements: (1) in each calendar month, at least 90% of the time periods for which an emission standard or an operational parameter applies shall be valid; or (2) in each calendar quarter, at least 95% of the hours during which the monitored source is operating shall be valid. Fourth, the Department is proposing to delete the requirements of § 139.104 related to sulfur dioxide and nitrogen oxide monitoring for combustion sources and establish these monitoring requirements under the general provisions of § 139.101. Finally, the Department is proposing to modify § 139.111 (relating to waste incinerator monitoring requirements) to apply to hospital waste incinerators as well as municipal waste incinerators. These incinerators, generally, are similar in nature and the monitoring requirements are applicable to both. Section 139.111 also changes the data availability requirements to be consistent with the other proposed changes for CEMs described previously.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendments.
Benefits
Overall, the citizens of this Commonwealth will benefit from these recommended changes because they make the Department's air quality program consistent with Federal requirements and apply monitoring provisions for affected sources in a consistent manner. These provisions reduce unnecessary paperwork while continuing to provide the appropriate level of air quality protection.
The proposed revisions to the data availability requirements will result in an estimated savings in penalties to the regulated community of approximately $70,000 per year (1996 data were used). This would be the result of sources under § 139.104 complying with § 139.101. Data from 3rd quarter 1995 through 2nd quarter 1996 were used to estimate savings in penalties.
The proposed revisions to Chapter 122 National standards of performance for new stationary sources provisions are anticipated to result in no additional costs for the regulated community. Savings estimated to be $150,000 to $250,000/year can be expected after Chapter 122 is revised.
The additional annual cost to coke oven battery operators for providing daily readings to satisfy both current State and Federal regulations is approximately $190,000. The proposed revisions to the coke oven requirements in §§ 123.44, 139.61 and 139.62 are anticipated to reduce costs to coke oven operators by approximately $190,000 annually.
The proposed revisions of the particulate sampling requirements in § 139.12 are anticipated to result in annual savings to the regulated community of approximately $345,000.
The proposed revisions to the air pollution episode requirements in Chapter 137 are estimated to reduce costs to the regulated community by approximately $250,000 annually.
No additional costs or cost savings are predicted to result from the proposed revision of § 121.1.
Compliance Costs
These proposed amendments will, in general, reduce compliance costs by deleting unnecessary monitoring, recordkeeping and permitting requirements.
Compliance Assistance Plan
The Department plans to educate and assist the public with understanding the newly revised requirements and how to comply with them. This will be accomplished through the Department's ongoing regional compliance assistance program.
Paperwork Requirements
The regulatory revisions delete unnecessary paperwork requirements related to permitting standby plans and monitoring.
G. Sunset Review
These final-form regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 1, 1997, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before final publication of this proposal.
I. Public Comment and EQB Public Hearings
Public Hearings
The Board will hold three public hearings for the purpose of accepting comments on the proposed amendments. The hearings will be held on the following dates and at the following locations: at 10 a.m.
May 13, 1997 DEP Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA
May 15, 1997 DEP 1st Fl. Conference Room, Rachel Carson State Office Building, 400 Market St., Harrisburg, PA
May 19, 1997 Upper Merion Township Building, 175 West Valley Forge Road, King of Prussia, PA
Persons wishing to present testimony at the hearings must contact Sharon Freeman at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony will be limited to 10 minutes for each witness and three written copies of the oral testimony must be submitted at the hearing. Each organization is requested to designate one witness to present testimony on its behalf.
Persons with a disability who wish to attend the hearings and require an auxiliary aid, service or other accommodations in order to participate, should contact Sharon Freeman at (717) 787-4526 or through the Pennsylvania AT&T relay service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
Written Comments
In lieu of or in addition to presenting oral testimony at the hearings, interested persons may submit written comments, suggestions or objections regarding the proposed amendments to the Board, 15th Floor Rachel Carson State Office Building, P. O. Box 8477, Harrisburg, PA 17105-8477. Comments received by facsimile will not be accepted. Comments must be received by June 18, 1997. In addition to the written comments, interested persons may also submit a summary of their comments to the Board. This summary may not exceed one page in length and must be received by June 18, 1997. The summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form regulations will be considered.
Electronic Comments
Comments may be submitted electronically to the Board at Regcomments@a1.dep.state.pa.us. A subject heading of the proposal and return name and address must be included in each transmission. Comments submitted electronically must also be received by the Board by June 18, 1997.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-313. (1) Clean Air Fund; (2) Implementing Year 1997-98 is $70,000; (3) 1st Succeeding Year 1998- 99 is $70,000; 2nd Succeeding Year 1999-00 is $70,000; 3rd Succeeding Year 2000-01 is $70,000; 4th Succeeding Year 2001-02 is $70,000; 5th Succeeding Year 2002-03 is $70,000; (4) FY 1996-97 $26,119,000; FY 1995-96 $25,770,000; FY 1994-95 $19,045,000; (7) Fines and Penalties; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 121. GENERAL PROVISIONS § 121.1. Definitions.
The definitions in section 3 of the act (35 P. S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Coke oven battery--A process consisting of a jointly operated group of slot-type coke ovens, the operation of which results in the destructive distillation of coal by the indirect application of heat to separate the gaseous and liquid distillates from the carbon residue and includes coal preparation, coal charging, coking, separation and cleaning of the distillate, coke pushing, hot coke transfer and coke quenching. A coke oven battery is a single source for the purpose of this article and shall include, but not be limited to, the following, when present: the ovens; coal preheaters; underfiring systems; waste heat stack; offtake piping; flues; closed charging systems; door hoods; and operating equipment including larry cars, jumper pipes, pusher machines, door machines, mud trucks and quench cars associated with the operation of a battery. Existing batteries are identified as follows:
Identifying Operator Plant Symbol Bethlehem Steel Bethlehem [#2, #3, #5,] ''2A'' (includes Batteries #2 and #3), ''A'' [Franklin] [#18] [Crucible Steel] [Midland] [''A''] [Jones & Laughlin Steel] [Aliquippa] [A-1, A-4, A-5] [Keystone
Coke Company][Conshohocken] [#3, #4] [Koppers Company] Erie Coke Corporation Erie #1 [United States Steel] [Fairless] [#1, #2] [Wheeling-Pittsburgh Steel] Koppers Industries Monessen [#1] #1B, #2 (operated as one battery for purposes of meeting the charging standard) Coke oven gas collector main--The [pipe] pipes or [duct] ducts by which the gaseous byproducts of coking are transported from the offtake piping of coke ovens to the byproduct plant.
* * * * * Door area--The vertical face of a coke oven between the bench and the top of the battery and between two adjacent [backstays] buckstays.
* * * * * Major modification--
(i) A physical change or change in the method of operation of a major facility that would result in [an increase in emissions equal to or exceeding an emission rate threshold or significance level specified in § 127.203] a significant net emissions increase of any pollutant subject to regulation under the Clean Air Act.
(ii) Net emissions increase that is significant for VOCs will be considered significant for ozone. A physical change or change in the method of operation does not include [routine repairs and maintenance, a change in the hours of operation or an increase in the rate of production, unless prohibited by a permit condition.]:
(A) Routine maintenance, repair and replacement.
(B) The use of an alternative fuel or raw material by reason of any order under section 2(a) and (b) of the energy supply and Environmental Coordination Act of 1974 (ESECA) (15 U.S.C.A. § 792(a) and (b)) (or any superseding legislation) or by reason of a natural gas curtailment plan under the Federal Power Act.
(C) The use of an alternative fuel by reason of an order or rule under section 125 of the Clean Air Act (42 U.S.C.A. § 7425).
(D) The use of an alternative fuel or raw material by a stationary source which meets one of the following conditions:
(I) The source was capable of accommodating before January 6, 1975, unless the change would be prohibited under an operating permit condition.
(II) The source is approved to use under an operating permit.
(E) An increase in the hours of operation or in the production rate, unless the change would be prohibited under the conditions of an operating permit.
(F) Any change in ownership at a stationary source.
(G) The addition, replacement or use of a pollution control project at an existing source, unless the Department determines that the addition, replacement or use renders the source less environmentally beneficial, or except when the following apply:
(I) The Department has reason to believe that the pollution control project would result in a significant net increase in representative actual annual emission of any criteria pollutant over levels used for that facility in the most recent air quality impact analysis in the area conducted for the purpose of Title I of the Clean Air Act, if any (42 U.S.C.A. §§ 7401--7515).
(II) The Department determines that the increase will cause or contribute to a violation of any National ambient air quality standard or PSD increment, or visibility limitation.
(H) The installation, operation, cessation or removal of a temporary clean coal technology demonstration project, if the project complies with the following:
(-a-) The SIP.
(-b-) Other requirements necessary to attain and maintain the National ambient air quality standards during the project and after it is terminated.
(I) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, if the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the source. This exemption applies on a pollutant-by-pollutant basis.
(J) The reactivation of a very clean coal-fired electric utility steam generating source.
* * * * * Modification--A physical change in a source or a change in the method of operation of a source which would increase the amount of an air contaminant emitted by the source or which would result in the emission of an air contaminant not previously emitted, except that routine maintenance, repair and replacement are not considered physical changes. An increase in the hours of operation is not considered a modification unless the hours of operation have been limited in a way that is Federally enforceable or legally and practicably forceable by an operating permit condition.
* * * * * Potential to emit--The maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and limitations on hours of operation or on the type or amount of material combusted, stored or processed shall be treated as part of the design if the limitation or the effect it would have on emissions is Federally enforceable or legally and practicably enforceable by an operating permit condition.
* * * * * Responsible official--An individual who is:
(i) For a corporation: a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or another person who performs similar policy or decision making functions for the corporation, or an authorized representative of the person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for, or subject to, a permit and one of the following applies:
* * * * * (B) The delegation of authority to the representative is approved, in advance, in writing, by the Department.
* * * * * (iv) For affected sources:
* * * * * (B) The designated representative or a person meeting provisions of subparagraphs (i), (ii) and (iii) for any other [purposes] purpose under 40 CFR Part 70 (relating to operating permit programs) or Chapter 127 (relating to construction, modification, reactivation and operation of sources).
* * * * * Secondary emissions--Emissions which occur as a result of the construction or operation of a major stationary source or major modification of a major stationary source, but do not come from the major stationary source or major modification itself. The secondary emissions shall be specific, well defined, quantifiable and impact the same general area as the stationary source or modification which causes secondary emissions. The term includes emissions from an offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. The term does not include emissions which come directly from a mobile source regulated under Title II of the Clean Air Act (42 U.S.C.A. §§ 7521--7589).
* * * * *
CHAPTER 122. NATIONAL STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES § 122.3. Adoption of standards.
Standards of Performance for New Stationary Sources, promulgated in 40 CFR Part 60 (relating to standards of performance for new stationary sources) by the Administrator of the [United States Environmental Protection Agency] EPA under section 111[(b)] of the Clean Air Act (42 U.S.C.A. § 7411) are [hereby] adopted in their entirety by the Department and incorporated herein by reference.
CHAPTER 123. STANDARDS FOR CONTAMINANTS
VISIBLE EMISSIONS § 123.44. Limitations of visible fugitive air contaminants from operation of any coke oven battery.
(a) [No] A person may not permit the operation of a coke oven battery in a manner that visible fugitive air contaminants are emitted in excess of the emissions allowed by the following limitations:
(1) The following open charging limitation applies to existing batteries listed in § 121.1 (relating to definitions) [except Jones and Laughlin's A-5 battery at Aliquippa]. The following closed charging limitation [shall apply] applies to [the A-5 battery at Aliquippa and] any [other] existing battery on which a closed charging system is installed:
* * * * *
CHAPTER 137. AIR POLLUTION EPISODES
GENERAL § 137.4. Standby plans.
* * * * * (b) The Department will annually classify each county as an area requiring a standby plan based on monitored exceedance of [the following criteria:] any of the NAAQS.
[SO2--0.02 p.p.m., annual arithmetic mean; 0.1 p.p.m., 24 hour maximum; 0.5 p.p.m., maximum 3-hour average.
PM10--60 µg/m3, annual geometric mean; 150 µg/m3, 24-hour maximum.
CO--48 p.p.m., 1-hour maximum; 12 p.p.m., 8-hour maximum.
NO2--0.06 p.p.m., annual arithmetic mean.]
Ozone--0.10 p.p.m., 1-hour maximum.
(c) [A] Any person responsible for the operation of a [source] facility [identified] in subsection (a) and located in a county classified in subsection (b) as requiring a standby plan shall [prepare] submit standby plans for reducing the emission of air contaminants from that [source] facility during alert, warning and emergency levels to the Department within 90 days of the Department's request. The plans shall be designed to reduce or eliminate the emissions of air contaminants in accordance with the objectives in §§ 137.11--137.14 (relating to level actions). The plans shall be in writing on forms published and distributed by the Department and shall identify the approximate amount of reduction of various air contaminants and a description of the manner in which the reductions will be achieved.
* * * * * (f) [During] For facilities required to submit standby plans under subsection (c), during a forecast, alert, warning or emergency level, the standby plan shall be made available by the person responsible for the [source] facility to employes of the Department on the premises of the source.
CHAPTER 139. SAMPLING AND TESTING
Subchapter A. SAMPLING AND TESTING METHODS AND PROCEDURES
STATIONARY SOURCES § 139.12. Emissions of particulate matter.
Tests for determining emissions of particulate matter from stationary sources shall conform with the following:
(1) Test methods for particulate emissions shall include [both] dry filters [and wet impingers] and provide for at least a 95% collection efficiency of particulate matter.
(2) Isokinetic sampling procedures shall be used in sampling for particulate matter emissions and the [weights of soluble and insoluble particulate] weight determined gravimetrically after the removal of uncombined water.
* * * * * (5) Results shall be calculated based upon sample train component weights specified in § 139.4(5) [and insoluble weights in the impinger solution and on sample-exposed surfaces subsequent to the final filtration media. Insoluble weights shall be determined by .22u membrane filtration] Results shall be reported as pounds of particulate matter per hour and in accordance with the units specified in §§ 123.11--123.13 (relating to particulate matter emissions).
[SOURCES] § 139.61. [Requirements] (Reserved).
[(a) Persons responsible for the operation of a source included in a class of sources listed in the first column of Table I shall do the following:
(1) Conduct source tests, air sampling, and analyses or perform visual observations of the air contaminants specified by name or by reference to an applicable emission standard in the second column of Table I.
(2) Conduct the required tests, sampling, analyses, or observations at the frequency required by the third column of Table I.
(3) Submit monitoring reports in accordance with the requirements of § 139.53 (relating to filing monitoring reports) at the frequency specified in the fourth column of Table I.
(b) Table I follows:
TABLE I
Class of Sources Air Contaminants
to be MonitoredFrequency of Testing
Sampling, or
ObservationsFrequency of
Filing
Monitoring
ReportsCoke oven batteries § 123.44(a)(1),
(3)--(7)Daily during
daylightQuarterly Pushing § 123.13(b) Annual Annual]
§ 139.62. [Waiver of certain monitoring requirements] (Reserved).
[(a) The requirements of § 139.61(b) (relating to requirements), Table I, which relate to the frequency of visible emissions observations for the purpose of monitoring compliance at a coke oven battery with the provisions of § 123.44(a) (relating to limitations of visible fugitive air contaminants from operation of any coke oven battery) may be waived by the Department, provided the Department finds, upon a showing by the battery operator and after inspection, all of the following:
(1) The battery operator has complied with this section and §§ 139.51--139.53 and 139.61 (relating to general; and requirements) during the previous calendar quarter.
(2) Visible emission observations performed in accordance with § 123.44(b) by the operator and the Department during the preceding calendar quarter demonstrate that the calculated mean visible emission performance for the quarter is within the limits for visible emissions allowed by each paragraph of § 123.44(a).
(3) Visible emission observations performed in accordance with § 123.44(b) by the operator and the Department during the calendar quarter demonstrate full compliance with each paragraph of § 123.44(a) during at least one period of 5 consecutive days.
(4) Visible emission observations performed in accordance with § 123.44(b) during an inspection conducted by the Department after receipt of a request for a waiver under this section from the battery operator demonstrate full compliance with each paragraph of § 123.44(a).
(b) A waiver granted by the Department under this section will be in writing, will identify the data relied upon for the findings required by subsection (a), and will notify the battery operator of his obligation to comply with conditions established under subsection (c).
(c) Visible emission observations for the purpose of monitoring compliance with § 123.44(a) at a coke oven battery after the issuance of a waiver under subsection (a) shall be conducted in accordance with § 123.44 during each calendar quarter excepting holidays recognized by union contract. The observations shall commence the first day of the quarter which is not a holiday and shall continue until a period of 5 consecutive days has been completed during which all observations demonstrate compliance with each paragraph of § 123.44(a) on each of the 5 days. Upon the completion of observations demonstrating at least 5 consecutive days of compliance in any quarter or additional number of consecutive days of compliance that the Department may require by notice issued under subsection (b), there may be no further obligation to perform daily observations of visible emissions for the remainder of the quarter; provided that each of the conditions established by the notice issued under subsection (b) are met. The conditions shall include, but not be limited to the following:
(1) Submission of the records, summary and report of quarterly visible emission observations as may be required by the Department within 14 days after completion of 5 consecutive days of observation showing compliance in any quarter.
(2) Specification of a number of consecutive days, which shall be 5 or more at the discretion of the Department, during which compliance shall be demonstrated.
(3) Maintenance of compliance with each paragraph of § 123.44(a).
(d) A waiver granted under this section shall terminate at any time the Department finds a violation of a standard contained in § 123.44(a). The coke oven battery operator shall resume recording and reporting visible emission observations in accordance with the requirements of §§ 139.51--139.53 and 139.61 within 10 days of receipt of a notice of violation with respect to any standard contained in § 123.44(a).]
Subchapter C. REQUIREMENTS FOR SOURCE MONITORING FOR STATIONARY SOURCES § 139.101. General requirements.
This section applies to monitoring systems as defined in the manual referenced at § 139.102(3) (relating to references), installations required or approved under Chapters 122, 124, 127 and 129 or in an order issued under section 4 of the act (35 P. S. § 4004).
* * * * * (12) Required monitoring shall meet at least one of the following minimum data availability requirements unless other data availability requirements are stipulated elsewhere in this title, in a plan approval or permit condition under Chapter 127 (relating to construction, modification, reactivation and operation of sources), or in an order issued under section 4 of the act. For purposes of calculating data availability, ''process down'' time, as specified in the manual referenced in § 139.102(3), shall be considered valid time.
* * * * * (ii) In each calendar quarter, at least 95% of the hours [during which the monitored source is operating] shall be valid as set forth in the quality assurance section of the manual referenced in § 139.102(3).
* * * * * § 139.104. [Sulfur dioxide and nitrogen oxides monitoring requirements for combustion sources] (Reserved).
[This section applies to combustion sources monitoring sulfur dioxide or NOx.
(1) In addition to sulfur dioxide or to NOx, either oxygen or carbon dioxide shall be monitored to provide data to permit conversion of monitoring system data, when applicable, to the standard of pounds of sulfur dioxide per million Btus of heat input or to the standard of pounds of NOx, expressed as nitrogen dioxide, per million Btus of heat input. These conversions shall be performed by using the ''F Factor'' as specified in the manual referenced in § 139.102(3) (relating to references). The Department may approve other methods of conversion to units of pounds pollutant per million Btus of heat input.
(2) Continuous monitoring systems installed under the requirements of this section shall meet the following minimum data availability requirements:
(i) At least 23 days during each running 30-day period shall be valid days as set forth in the quality assurance section of the manual referenced in § 139.102(3).
(ii) At least 50% of the hours during each running 30-day period shall be valid hours as set forth in the quality assurance section of the manual referenced in § 139.102(3).]
§ 139.111. [Municipal waste] Waste incinerator monitoring requirements.
This section applies to monitoring systems installed on municipal and hospital waste incinerators [(MWIs)].
(1) Carbon monoxide, combustion efficiency and temperature monitoring systems shall meet the following minimum data availability requirements:
(i) One hundred percent of the data hours [during which the incinerator is operating] shall be valid hours as set forth in the quality assurance section of the manual referenced in § 139.102(3) (relating to references).
* * * * * (2) Opacity monitoring systems shall meet the following minimum data availability requirement: At least 95% of the data hours [during which the incinerator is operating] each day shall be valid hours as set forth in the quality assurance section of the manual referenced in § 139.102(3).
(3) Hydrogen chloride, sulfur dioxide and nitrogen oxide monitoring systems shall meet the following minimum data availability requirement: At least 90% of the data hours [during which the incinerator is operating] each month shall be valid hours as set forth in the quality assurance section of the manual referenced in § 139.102(3).
[Pa.B. Doc. No. 97-556. Filed for public inspection April 11, 1997, 9:00 a.m.]
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