[36 Pa.B. 1991]
[Continued from previous Web Page] (B) The use of an alternative fuel or raw material by reason of an order under section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (ESECA) (15 U.S.C.A. § 79(a) and (b)) (or superseding legislation) or by reason of a natural gas curtailment plan under the Federal Power Act (16 U.S.C.A. §§ 792--825r).
(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 facility which meets one of the following conditions:
(I) The source was capable of accommodating the fuel before January 6, 1975, unless the change would be prohibited under a Federally-enforceable operating permit condition.
(II) The source is approved to use the fuel or material under a Federally-enforceable operating permit.
(E) An increase in the hours of operation or in the production rate, unless the change is prohibited under a condition of a Federally-enforceable plan approval or an operating permit.
(F) A change in ownership at a facility.
(iv) The term does not apply to a particular regulated NSR pollutant when the major facility is complying with the requirements under § 127.218 (relating to PALs). Instead, the definition of PAL major modification applies.
Necessary preconstruction approvals or permits--Those permits or approvals required under the Clean Air Act or the act and its regulations, which are part of the applicable SIP.
Net emissions increase--Emission changes at an existing major facility that result from a physical change or change in the method of operation as determined in accordance with § 127.203a(a)(4).
PAL--Plantwide applicability limit--An emissions limit expressed in tpy, for a pollutant at a major facility, that is legally enforceable and established source-wide in accordance with § 127.218.
PAL effective date--The date of issuance of the PAL permit. The PAL effective date for an increased PAL is the date an emissions unit which is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
PAL effective period--The period beginning with the PAL effective date and ending 10 years later.
PAL major emissions unit--An emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major facility threshold for the PAL pollutant.
PAL major modification--Notwithstanding the definitions for major modification and net emissions increase under this section, a physical change at or change in the method of operation of the PAL facility that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.
PAL permit--The major or minor plan approval, the state operating permit or the Title V permit issued by the Department that establishes a PAL for a major facility.
PAL pollutant--The pollutant for which a PAL is established at a major facility.
PEMS--Predictive emissions monitoring system--All of the equipment necessary to monitor parameters including control device secondary voltages and electric currents, other information including gas flow rate and O2 or CO2 concentrations, and calculate and record the mass emissions rate in terms of mass per unit time, like lb/hr, on a continuous basis.
Project--Physical change in or change in the method of operation of an existing facility, including a new emission unit.
Projected actual emissions--The emission rates at which an existing emissions unit is projected to emit a regulated NSR pollutant, determined in accordance with § 127.203a(a)(6).
Regulated NSR pollutant--
(i) NOx or VOCs.
(ii) A pollutant for which a NAAQS has been promulgated.
(iii) A pollutant that is a constituent or precursor of a pollutant listed under subparagraph (i) or (ii), if the constituent or precursor pollutant may only be regulated under NSR as part of regulation of the pollutant listed under subparagraph (i) or (ii).
Secondary emissions--
(i) Emissions which occur as a result of the construction or operation of a major facility or major modification of a major facility, but do not come from the major facility or major modification itself. The secondary emissions must be specific, well defined, quantifiable and impact the same general area as the facility or modification which causes the secondary emissions.
(ii) 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 facility or major modification.
(iii) 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).
Significant--
(i) A net emissions increase or the potential of a facility to emit one of the following pollutants at a rate of emissions that would equal or exceed the following emissions rates except as specified in subparagraphs (ii)--(v):
Pollutant Emissions Rate
Carbon monoxide (CO): 100 tpy
Nitrogen oxides (NOx): 40 tpy or 100 lbs/hr or 1,000 lbs/day, whichever is more restrictive
Sulfur oxides (SOx): 40 tpy
Ozone: 40 tpy of VOCs or 100 lbs/hr or 1,000 lbs/day, whichever is more restrictive
Lead: 0.6 tpy
PM10 or PM10 precursor: 15 tpy
PM 2.5 or PM 2.5 precursor: 15 tpy
(ii) The emissions rate that is significant for VOCs in a serious or severe ozone nonattainment area is 25 tpy or 100 lbs/hr or 1,000 lbs/day, whichever is more restrictive.
(iii) For the purposes of applying the requirements of this subchapter to the owner or operator of modifications at major facilities located in an ozone nonattainment area or in an ozone transport region that emit or have the potential to emit NOx, the emissions rate that is significant and other requirements for VOCs in subparagraphs (i) and (ii) apply to NOx emissions.
(iv) The emissions rate that is significant for CO in a serious nonattainment area is 50 tpy if the EPA has determined that the affected facility contributes significantly to CO levels in that area.
(v) The emissions rate that is significant for VOCs in an extreme nonattainment area for ozone is any amount above zero.
Significant emissions unit--An emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the emissions rate that is significant as defined in this section or in the Clean Air Act for that PAL pollutant, whichever is lower, but less than the amount that would qualify the unit as a major facility as defined in this section.
Significant net emissions increase--For a regulated NSR pollutant, a net emissions increase that is significant.
Small emissions unit--An emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the emissions rate that is significant for that PAL pollutant as defined in this section or in the Clean Air Act, whichever is lower.
§ 127.201b. Measurements, abbreviations and acronyms.
Measurements, abbreviations and acronyms used in this subchapter are defined as follows:
BAT--Best available technology
BACT--Best available control technology
CEMS--Continuous-emissions monitoring system
CERMS--Continuous emissions rate monitoring system
CPMS--Continuous parametric monitoring system
CO2--Carbon dioxide
CO--Carbon monoxide
ERC--Emission reduction credit
Hg--Mercury
KWH--Kilowatt hour (based on electric generation)
LAER--Lowest achievable emission rate
MACT--Maximum achievable control technology
NSPS--New source performance standard
NSR--New source review
PEMS--Predictive emissions monitoring system
lb--Pounds
µg/m3--Micrograms per cubic meter
mg/m3--Milligrams per cubic meter
NOx--Nitrogen oxides
O2--Oxygen
PAL--Plantwide Applicability Limit
PM--Particulate matter
RACT--Reasonably available control technology
SOx--Sulfur oxides
tpy--Tons per year
VOC--Volatile organic compound
§ 127.202. Effective date.
(a) The special permit requirements in this subchapter apply to an owner or operator of a facility submitting a complete plan approval application to the Department [after January 15, 1994].
(b) For SOx, [particulate matter,] PM-10, PM-10 precursors, [PM-10] PM 2.5 precursors, PM 2.5, lead and CO, this subchapter applies until a given nonattainment area is redesignated as an unclassifiable or attainment area. After a redesignation, special permit conditions remain effective until the Department approves a permit modification request and modifies the permit.
§ 127.203. Facilities subject to special permit requirements.
[(a) This subchapter applies to a facility with the potential to emit 100 tons per year or more of one of the following pollutants and meeting the requirements for that pollutant:
(1) For PM-10, PM-10 precursors and particulate matter, either a new facility, or a modification to an existing facility including the addition of a new source at an existing facility, which when aggregated with the other emissions increases determined in accordance with § 127.211 (relating to applicability determination) results in an increase in the potential to emit PM-10, PM-10 precursors or particulate matter that would yield 15 tons per year of PM-10 or 25 tons per year of particulate matter, or 1,000 pounds per day, or 100 pounds per hour of PM-10 or particulate matter, or more, whichever is more restrictive, and which new facility or modification is located in one of the following:
(i) A nonattainment area.
(ii) An attainment or unclassifiable area which impacts a part of a nonattainment area in excess of the following significance levels:
Averaging Period Significance Levels Annual 1.00 µg/m3 24-hour 5.00 µg/m3 (2) For sulfur oxides, either a new facility, or a modification to an existing facility including the addition of a new source at an existing facility, which when aggregated with the other emissions increases determined in accordance with § 127.211 results in an increase in the potential to emit of 40 tons per year, or 1,000 pounds per day, or 100 pounds per hour of SOx, or more, whichever is more restrictive, and which new facility or modification is located in one of the following:
(i) A nonattainment area.
(ii) An attainment or unclassifiable area which impacts a nonattainment area in excess of the following significance levels:
Averaging Period Significance Levels Annual 1.00 µg/m3 24-hour 5.00 µg/m3 3-hour 25.00 µg/m3 (3) For carbon monoxide, either a new facility, or a modification to an existing facility, including the addition of a new source at an existing facility which, when aggregated with the other emissions increases determined in accordance with § 127.211, results in an increase in the potential to emit of 50 tons per year, 1,000 pounds per day or 100 pounds per hour of CO, or more, whichever is more restrictive, and which new facility or modification is located in one of the following:
(i) A nonattainment area.
(ii) An attainment or unclassifiable area which impacts a nonattainment area in excess of the following significance levels:
Averaging Period Significance Levels 8-hour 0.5 mg/m3 1-hour 2.0 mg/m3 (4) For lead, either a new facility, or a modification to an existing facility including the addition of a new source at an existing facility, which when aggregated with the other emissions increases determined in accordance with § 127.211, results in an increase in the potential to emit of 0.6 tons per year, 10 pounds per day or 1 pound per hour of lead, or more, whichever is more restrictive, and which new facility or modification is located in one of the following:
(i) A nonattainment area.
(ii) An attainment or unclassifiable area which impacts a nonattainment area in excess of the following significance level:
Averaging Period Significance Level 24-hour 0.1 µg/m3 (b) This subchapter applies to a VOC or NOx facility located in or having an impact on one of the following areas and meeting the applicable requirements:
(1) For an area either classified at 40 CFR 81.339 (relating to Pennsylvania) as a moderate nonattainment area for ozone, or an area included in an ozone transport region established under section 184 of the Clean Air Act (42 U.S.C.A. § 7511c), which is either classified as a marginal or incomplete data nonattainment area for ozone or designated as an unclassifiable/attainment area for ozone, this subchapter applies to the following:
(i) A new facility with the potential to emit 100 tons or more per year of NOx or 50 tons or more per year of VOCs.
(ii) A modification to an existing facility with the potential to emit 100 tons or more per year of NOx or 50 tons or more per year of VOCs, or a new source at an existing facility resulting in an increase in the potential to emit either VOC or NOx which, when aggregated with the other emissions increases determined in accordance with § 127.211, results in an increase of 40 tons per year, 1,000 pounds per day or 100 pounds per hour of VOC or NOx, or more, whichever is more restrictive.
(2) For an area classified at 40 CFR 81.339 as a serious nonattainment area for ozone, this subchapter applies to the following:
(i) A new facility with the potential to emit 50 tons or more per year of NOx or VOCs.
(ii) A modification to an existing facility with the potential to emit 50 tons or more per year of VOC or NOx, or a new source at an existing facility resulting in an increase in the potential to emit either VOC or NOx which, when aggregated with the other emissions increases determined in accordance with subsection (c)(1), results in an increase of 25 tons per year, 1,000 pounds per day or 100 pounds per hour of VOC or NOx, or more, whichever is more restrictive.
(3) For an area classified at 40 CFR 81.339 as a severe nonattainment area for ozone, this subchapter applies to the following:
(i) A new facility with the potential to emit 25 tons or more per year of NOx or VOCs.
(ii) A modification to an existing facility with the potential to emit 25 tons or more per year of NOx or VOC, or a new source at an existing facility resulting in an increase in the potential to emit either VOC or NOx which, when aggregated with the other emissions increases determined in accordance with subsection (c)(1), results in an increase of 25 tons per year or 1,000 pounds per day or 100 pounds per hour of VOC or NOx, or more, whichever is more restrictive.
(c) Special rules for modifications to VOC or NOx facilities located in serious and severe nonattainment areas for ozone are as follows:
(1) The applicability requirements in § 127.211 apply except as provided by this subsection. A modification to an existing facility with the potential to emit 25 tons per year or more which results in an increase in the potential to emit VOC or NOx may not be considered a de minimis increase. The requirements of this subchapter apply if the increase in potential to emit, when aggregated with the other net emission increases in potential to emit occurring over a consecutive 5-calendar-year period exceeds 25 tons per year or 1,000 pounds per day or 100 pounds per hour, whichever is more restrictive. The consecutive 5-calendar-year period for an increase that is not considered de minimis shall include the calendar year of the modification or addition which results in the emissions increase, and may not extend beyond either January 1, 1991, or the design year of the most recent attainment demonstration, whichever is later.
(2) For a facility with the potential to emit less than 100 tons per year of VOC or NOx, when a modification results in an increase--other than a de minimis increase--in emissions of VOC or NOx from a discrete operation, unit or other pollutant emitting activity at the facility, the increase shall be considered a modification unless the owner or operator elects to offset the increase by a greater reduction in emissions of VOC or NOx from other operations, units or activities within the facility at an internal offset ratio of at least 1.3 to 1. If the owner or operator does not elect to offset at the required ratio, the change shall be considered a modification, but in the case of the modification, the BACT requirement shall be substituted for LAER. The facility shall comply with the applicable EPA requirements and shall also satisfy the Best Available Technology (BAT) requirement.
(3) For a facility with the potential to emit 100 tons per year or more of VOC or NOx, when a modification at the facility results in an increase--other than a de minimis increase-in emissions of VOC or NOx from a discrete operation, unit or other pollutant emitting activity at the facility, the increase shall be considered a modification unless the owner or operator elects to offset the increase by a greater reduction in emissions of VOC or NOx from other operations, units or activities within the facility at an internal offset ratio of at least 1.3 to 1. If the owner or operator elects to offset at the required ratio, the LAER requirement does not apply. The facility shall comply with the applicable EPA requirements and shall also satisfy the BAT requirement.]
(a) This subchapter applies to the construction of a new major facility or modification at an existing major facility located in a nonattainment area or located in an attainment or unclassifiable area which impacts a nonattainment area in excess of the following significance levels:
Pollutant Averaging time Annual 24 (hours) 8 (hours) 3 (hours) 1 (hours) SO2 1.0 µg/m3 5 µg/m3 - 25 µg/m3 - PM10 1.0 µg/m3 5 µg/m3 - - - CO - - 0.5 mg/m3 - 2 mg/m3 Lead - 0.1 µg/m3 - - -
(b) The following provisions apply to an owner or operator of a facility located in Bucks, Chester, Delaware, Montgomery or Philadelphia counties or an area classified as a serious or severe ozone nonattainment area:
(1) The applicability requirements in § 127.203a (relating to applicability determination) apply except as provided by this subsection. The requirements of this subchapter apply if the aggregated emissions exceed 25 tpy or 1,000 pounds per day or 100 pounds per hour of NOx or VOCs, whichever is more restrictive, as follows:
(i) The increase in emissions, when aggregated with the other increase in net emissions occurring over a consecutive 5 calendar-year period, which includes the calendar year of the modification or addition which results in the emissions increase.
(ii) The increases and decreases in emissions when aggregated with other increases and decreases since January 1, 1991, or 15 years prior to the date of submission of complete plan approval application, whichever is later.
(2) An increase in emissions of VOCs or NOx, other than a de minimis emission increase, from a discrete operation, unit or other pollutant emitting activity at a facility with a potential to emit of less than 100 tpy of VOCs or NOx is considered a modification unless the owner or operator elects to offset the increase by a greater reduction in emissions of VOCs or NOx from other operations, units or activities within the facility at an internal offset ratio of at least 1.3 to 1. If the owner or operator does not elect to offset at the required ratio, the increase is considered a modification and the BACT requirement is substituted for LAER. The owner or operator of the facility shall comply with all applicable requirements including the BAT requirement.
(3) An increase in emissions of VOCs or NOx, other than a de minimis emission increase, from a discrete operation, unit or other pollutant emitting activity at a facility with a potential to emit of 100 tpy or more is considered a modification unless the owner or operator elects to offset the increase by a greater reduction in emissions of VOCs or NOx from other operations, units or activities within the facility at an internal offset ratio of at least 1.3 to 1. If the owner or operator elects to offset at the required ratio, the LAER requirement does not apply. The owner or operator of the facility shall comply with the applicable requirements including the BAT requirement.
(c) The NSR requirements of this subchapter apply to an owner or operator of:
(1) A facility at which the net emissions increase as determined under this subchapter meets or exceeds the applicable emissions rate that is significant. A decrease in a facility's emissions will not qualify as a decrease for purposes of this subchapter unless the emission reduction credit provisions in § 127.207(1) and (3)--(7) (relating to ERC generation and creation) are met.
(2) A facility which was deactivated for a period in excess of 1 year and is not in compliance with the reactivation requirements of § 127.215 (relating to reactivation).
(d) The requirements of this subchapter which apply to VOC emissions from major facilities and major modifications apply to NOx emissions from major facilities and major modifications in an ozone transport region or an ozone nonattainment area classified as marginal, basic, moderate, serious, severe or extreme, except in areas which the EPA has determined that additional reductions of NOx will not produce net air quality benefits.
(e) The following provisions apply to an owner or operator of a major facility subject to this subchapter:
(1) Approval to construct or modify an air contamination source or facility does not relieve an owner or operator of the responsibility to comply fully with applicable provisions of the SIP and other requirements under local, State or Federal law.
(2) If a particular source or modification becomes a major facility or major modification solely by virtue of a relaxation in an enforcement limitation which was established after August 7, 1980, on the capacity of the source or modification to emit a pollutant including a restriction on hours of operation, the requirements of this subchapter also apply to the source or modification as though construction had not yet commenced on the source or modification.
(f) The requirements of this subchapter which apply to PM-10 emissions from major facilities and major modifications also apply to PM-10 precursor emissions from major facilities and major modifications, except if the EPA has determined that these sources do not contribute significantly to PM-10 levels which exceed the PM-10 ambient standards in the area.
(g) The requirements of this subchapter which apply to PM-2.5 emissions from major facilities and major modifications also apply to PM-2.5 precursor emissions from major facilities and major modifications, except if the EPA or the Department has determined that these sources do not contribute significantly to PM-2.5 levels which exceed the PM-2.5 ambient standards in the area.
(h) The NSR requirements of this subchapter do not apply to an owner or operator of a major facility at which:
(1) A physical change or change in the method of operation still maintains its total facility-wide emissions below the PAL, meets the requirements in § 127.218 (relating to PALs) and complies with the PAL permit.
(2) A project results in a net emissions increase which does not meet or exceed the applicable emissions rate that is significant.
(3) A proposed de minimis increase results in a net emissions increase since January 1, 1991, or 15 years prior to the date of submission of a complete plan approval application, whichever is later, which does not meet or exceed the emissions rate that is significant.
(4) A construction of a new facility or a project at an existing major facility located in an attainment or unclassifiable area, which does not impact a nonattainment area for applicable pollutant in excess of the significance level specified § 127.203a.
§ 127.203a. Applicability determination.
(a) The Department will conduct an applicability determination during its review of a plan approval application for the construction of a new major facility or modification at an existing major facility under the following provisions:
(1) As part of the plan approval application, the owner or operator of the facility shall calculate in accordance with the provisions under paragraphs (2) and (3) whether a net emissions increase that is significant as defined in § 127.201a (relating to definitions) will occur. The procedures for calculating whether a net emissions increase that is significant will occur at the major facility are contained in paragraph (4). If the project causes a net emissions increase that is significant, the project is a major modification for the regulated NSR pollutant.
(2) A net emissions increase of a regulated NSR pollutant for projects that involve existing emissions units is the sum of the differences between the projected actual emissions and the baseline actual emissions, as specified in paragraphs (5) and (6), for each existing emissions unit.
(3) A net emissions increase of a regulated NSR pollutant for projects that involve construction of new emissions units is the sum of the potentials to emit from each new emissions unit.
(4) The following procedures apply in determining the net emissions increase:
(i) For a regulated NSR pollutant emitted by a major facility, the amount by which the sum of the following exceeds zero:
(A) The increase in emissions from a particular physical change or change in the method of operation at a major facility as calculated under paragraph (6).
(B) Other increases and decreases in emissions at the major facility that are contemporaneous with the project and are otherwise creditable. Baseline actual emissions for calculating increases and decreases are determined as specified under paragraph (5).
(ii) For a proposed increase which equals or exceeds the emissions rate that is significant, an increase or decrease in emissions is contemporaneous with the increase from the project only if it occurs between the date 5 years before construction on the project commences and the date that construction on the project is complete.
(iii) For a proposed de minimis increase, an increase or decrease in emissions is contemporaneous with the increase from the project only if it occurs after January 1, 1991, or 15 years prior to the date of the Department's receipt of a complete plan approval application, whichever is later.
(iv) For a proposed de minimis increase in which the net emissions increase since January 1, 1991, or 15 years prior to the date of the Department's receipt of a complete plan approval application meets or exceeds the emissions rate that is significant, the emissions offset requirements in § 127.205(3) (relating to special permit requirements) apply only to the net emissions increase.
(v) For PM-2.5 and PM-2.5 precursors, an increase or decrease in emissions is contemporaneous with the increase from the project only if it occurs after April 5, 2005.
(vi) An increase or decrease in emissions is creditable as related to the applicability determination only if the Department has not relied on it in issuing a permit for the facility under this subchapter, for which permit is in effect when the increase in emissions from the project occurs.
(vii) An increase in emissions is creditable to the extent that the new level of emissions exceeds the old level of emissions for the contemporaneous change.
(viii) A decrease in emissions is creditable if the following conditions are met:
(A) The emissions reduction credit provisions in § 127.207(1) and (3)--(7) (relating to ERC generation and creation) have been complied with, and the decrease is Federally enforceable by the time construction begins on the project.
(B) The emissions decrease is such that when compared with the proposed emissions increase there is no significant change in the character of the emissions, including seasonal emission patterns, stack heights or hourly emission rates. A significant change in the character of the emissions means a change resulting in an increase in emissions equal to or greater than an emissions rate that is significant as specified under § 127.201a or an impact in excess of the significance levels as specified in § 127.203a.
(C) The emissions decrease represents approximately the same qualitative significance for public health and welfare as attributed to the proposed increase. This requirement is satisfied if the emissions rate that is significant is not exceeded.
(D) An emissions decrease or an ERC generated at the facility may be used as a creditable decrease in a net emissions increase. A portion of an ERC generated at another facility, acquired by trade and incorporated in a plan approval for use at the facility, is not creditable as an emissions decrease.
(5) The following procedures apply in determining the baseline actual emissions:
(i) For an existing emissions unit, the average rate, in tpy, at which the unit emitted the regulated NSR pollutant during the 2 consecutive calendar years immediately prior to the year a complete plan approval application is received by the Department. The Department may allow the use of a different consecutive 2-year period within the last 5 years upon a determination that it is more representative of normal operations.
(A) The average rate includes fugitive emissions to the extent quantifiable and authorized emissions associated with startups and shutdowns; the average rate does not include excess emissions including emissions associated with upsets or malfunctions.
(B) The average rate is adjusted downward to exclude noncompliant emissions that occurred while the source was operating above an emissions limitation that was legally enforceable during the consecutive 2-year period.
(C) The average rate is adjusted downward to exclude emissions that would have exceeded an emissions limitation with which the facility must currently comply, had the facility been required to comply with the limitations during the consecutive 2-year period. The baseline actual emissions is based on the emissions limitation in this subchapter or a permit limitation or other more stringent emissions limitation required by the Clean Air Act or the act, whichever is more restrictive.
(D) When a project involves multiple emissions units or multiple regulated NSR pollutants, or both, one consecutive 2-year period must be used to determine the baseline actual emissions for all pollutants and for all the emissions units affected by the project.
(E) The average rate is not based on a consecutive 2-year period for which there is inadequate information for:
(I) Determining annual emissions, in tpy.
(II) Adjusting this amount if required by clause (B) or clause (C).
(F) The average rate is not greater than the emissions previously reported in the required emissions statement and for which applicable emission fees have been paid.
(ii) For a new emissions unit, the baseline actual emissions equal zero.
(iii) The baseline actual emissions is determined by measurement, calculations or estimations in the order of the following preferences:
(A) Monitoring systems including:
(I) CEMS data interpolated to annual emissions using flow meters and conversion factors.
(II) PEMS approved, in writing, by the Department.
(B) Other measurements and calculations including:
(I) Stack measurement which generates emission estimates using stack test derived emission factors and throughput.
(II) A mass balance equation which includes the following elements:
(-a-) The amount of materials used per unit of time, determined through measurements in the process.
(-b-) The emissions per unit mass of material used, determined using mass balance techniques.
(-c-) The annual emissions, calculated using emissions per unit mass of material and amount of material used per unit of time.
(C) Emission factors, including generally recognized and accepted emission factors by EPA, such as USEPA ''Compilation of Air Pollutant Emission Factors'' (AP-42) or other emission factors accepted by the Department.
(D) Other calculations and measurements as approved by the Department.
(6) The following procedures apply in determining the projected actual emissions of a regulated NSR pollutant for an emissions unit, before beginning actual construction on the project:
(i) The owner or operator of the major facility shall:
(A) Consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, and the company's filings with the State or Federal regulatory authorities.
(B) Include fugitive emissions to the extent quantifiable, and emissions associated with startups, and shutdowns.
(C) Exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following completion of the project that existing units could have accommodated during the consecutive 2-year period used to establish the baseline actual emissions and that is also unrelated to the particular project, including any increased utilization due to product demand growth.
(ii) In lieu of using the method set out in subparagraph (i), the owner or operator of the major facility may elect to use the emissions unit's potential to emit, in tpy.
(iii) If the projected actual emissions are in excess of the baseline actual emissions, they must be incorporated into the required plan approval or the operating permit as an emission limit. The emission limit shall be the sum of the following:
(A) Baseline actual emissions.
(B) The portion of the unit's emissions following completion of the project that existing units could have accommodated considering any process constraints in place during the consecutive 2-year period used to establish the baseline actual emissions and that is also unrelated to the particular project, including any increased utilization due to product demand growth.
(C) Any emissions increase that results from the particular project.
(7) The following procedures apply for demonstrating compliance with the emission limit established under paragraph (6)(i):
(i) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions units identified for the project, and calculate and maintain a record of these annual emissions, in tpy on a calendar year basis, for 5 years following resumption of regular operations after the change, or for 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at the emissions unit.
(ii) The owner or operator shall record sufficient information to identify for all emission units in the approved project their total actual annual emissions and their actual annual emissions increase due to the project.
(iii) The owner or operator shall submit a report to the Department, within 60 days after the end of each calendar year, which contains the emissions data required by subparagraph (i) and (ii). This report must also contain a demonstration of how these emissions were determined if the determination was not by direct measurement with a Department-certified CEMS system.
(b) An owner or operator of a major facility with a PAL for a regulated NSR pollutant shall comply with the requirements under § 127.218 (relating to PALs).
§ 127.204. Emissions subject to this subchapter.
(a) In determining whether a facility exceeds the [emissions rates] emission rate that is significant or the significance levels specified in § 127.203 (relating to facilities subject to special permit requirements), the potential [emissions] to emit, actual emissions and actual emissions increase shall be determined by aggregating the emissions or emissions increases from the facilities on contiguous or adjacent properties under the common control of a person or entity. This includes emissions resulting from the following: flue emissions, stack and additional fugitive emissions, material transfer, use of parking lots and paved and unpaved roads on the facility property, storage piles and other emission generating activities resulting from operation of the new or modified facility.
(b) Secondary emissions [need] must not be considered in determining whether a facility meets the requirements of [§ 127.203] this subchapter. If a facility is subject to [§ 127.203] this subchapter on the basis of the direct emissions from the facility, the conditions of § 127.205 (relating to special permit requirements) shall also be met for secondary emissions.
§ 127.205. Special permit requirements.
The Department will not issue a plan approval, or an operating permit, or allow continued operations under an existing permit or plan approval unless the applicant demonstrates that the following special requirements are met:
(1) A new or modified facility subject to this subchapter shall comply with LAER, except as provided in § 127.203a(a)(4)(ii)(B) (relating to applicability determination). [In cases where] When a facility is composed of several sources, only sources which are new or which are modified shall be required to implement LAER. In addition, LAER applies to the proposed modification which results in an increase in emissions and to subsequent or previous modifications which result in emissions increases that are directly related to and normally included in the project associated with the proposed modification and which occurred within the contemporaneous period of the proposed emissions increase.
* * * * * (2) Each facility located within this Commonwealth which meets [or exceeds the threshold limits contained in § 127.203 (relating to facilities subject to special permit requirements)] the requirements of and is subject to this subchapter, which is owned or operated by the applicant, or by an entity controlling, controlled by or under common control with the applicant, and which is subject to emissions [limitation] limitations shall be in compliance, or on a schedule for compliance approved by the Department in a plan approval or permit, with the applicable emissions limitation and standards contained in this article. A responsible official of the applicant shall certify as to the facilities' compliance in writing on a form provided by the Department.
(3) Each modification to a facility which meets the requirements of and is subject to [§ 127.203] this subchapter shall offset, in accordance with §§ 127.203a and 127.210 [and 127.211] (relating to applicability determination; and offset ratios[; and applicability determination]), the total of the net increase [in potential to emit]. Emissions offsets shall be required for the entire net emissions increase which occurred over the contemporaneous period except to the extent that emissions offsets or other reductions were previously applied against emissions increases in an earlier applicability determination.
(4) Each new facility which meets the requirements of and is subject to [§ 127.203] this subchapter shall offset the potential to emit of that facility with ERCs in accordance with § 127.210.
(5) For a new or modified facility [with potential emissions exceeding significance levels or otherwise meeting the requirements of § 127.203] which meets the requirements of and is subject to this subchapter, an analysis shall be conducted of alternative sites, sizes, production processes and environmental control techniques for the proposed facility, which demonstrates that the benefits of the proposed facility significantly outweigh the environmental and social costs imposed within this Commonwealth as a result of its location, construction or modification.
* * * * * § 127.206. ERC general requirements.
(a) Emissions reductions or ERCs banked prior to January 1, 1991, may not be used as ERCs for emission offsets or netting purposes. [ERCs generated prior to January 1, 1991, which meet the requirements of this subchapter for ERCs and are approved by the Department may be used in applicability determinations conducted in accordance with § 127.211 (relating to applicability determination) for netting purposes, if the ERCs are treated as new source growth and offset at the applicable ratio specified in § 127.210 (relating to offset ratios).]
* * * * * (d) The Department may issue a plan approval for the construction of a new or modified facility which satisfies the offset requirements specified in § 127.205(3) and (4) (relating to special permit requirements) under the following conditions:
* * * * * (2) The owner or operator of the proposed new or modified facility may not commence operation or increase emissions until the required emissions reductions are certified and registered as ERCs by the Department.
(e) ERCs generated by the overcontrol of emissions by an existing facility will not expire for use as offsets. The use of these ERCs in applicability determinations for netting purposes is limited to the period specified in [§ 127.211] § 127.203a(a)(4) (relating to applicability determination).
(f) ERCs generated by the curtailment or shutdown of a facility which are not included in a plan approval and used as offsets will expire for use as offsets 10 years after the date the facility ceased emitting the ERC generating emissions. The use of these ERCs in applicability determinations for netting purposes is limited to the period specified in [§ 127.211] § 127.203a(a)(4).
* * * * * (i) ERCs may not be used to achieve compliance with RACT, MACT, BAT, NSPS, BACT, LAER or other emissions limitations required by the Clean Air Act or the act.
(j) ERCs may not be entered into the ERC registry until the emissions reduction generating the ERCs has been certified by the Department in accordance with the criteria for ERC generation and creation contained in § 127.207 (relating to ERC generation and creation)[, with the following qualifications:].
[(i) ERCs may not be generated for emissions in excess of those previously identified in required emission statements and for which applicable emission fees have been paid.
(ii) Emissions reduction at a facility occurring after January 1, 1991, but prior to January 15, 1994 may be used to generate ERCs, if a complete ERC registry application is submitted to the Department by May 16, 1994.]
* * * * * (l) ERCs may not be traded to facilities under different ownership until the emissions reduction generating the ERCs is made Federally enforceable. [A facility which is not subject to Title V permit requirements under the Clean Air Act will require EPA approval in the form of a SIP revision which incorporates the required permit modification reflecting the reduced emissions limitation of the generating facility.]
* * * * * (n) ERCs transferred from one facility to another may not be transferred to a third party, [except as provided in subsection (h)] unless the transfer of the ERCs is processed by the Department through the ERC registry system.
* * * * * (q) ERCs may not be generated for emissions in excess of those previously identified in required emission statements and for which applicable emission fees have been paid.
§ 127.207. ERC generation and creation.
ERC generation and creation may occur under the following conditions:
(1) ERCs [shall] must be surplus, permanent, quantified and Federally enforceable as follows:
(i) Surplus. ERCs shall be included in the current emission inventory, and may not be required by or be used to meet past or current SIP, attainment demonstration, RFP, emissions limitation or compliance plans. [Emission] Emissions reductions necessary to meet NSPS, LAER, RACT, [Best Available Technology (BAT)] BAT, BACT, allowance-based programs and permit or plan approval emissions limitations or [another] other emissions limitations required by the Clean Air Act or the act may not be used to generate ERCs.
* * * * * (iv) Enforceable. ERCs shall be Federally enforceable emi ssions reductions, regulated by Federal or SIP emissions [limitation] limitations, such as a limit on potential to emit in the permit, and be generated from a plan approval, economic incentive program or permit limitation.
* * * * * (5) Acceptable emissions reduction techniques, which an applicant may use to generate ERCs, are limited to the following:
* * * * * (vi) For facilities or sources not subject to this subchapter, a MERC program or another Economic Incentive Program which meets the requirements of this subchapter and which is approved by the EPA as a SIP revision.
(A) The program [shall] must comply with the following requirements:
* * * * * (IV) ERCs shall be surplus to emissions reductions achieved under other Federal and State regulations relied upon in an applicable attainment plan or demonstration or credited in an RFP or milestone demonstration.
* * * * * (7) The reduced emissions limitation of the new or modified permit of the source or facility generating the ERC shall be continuously verified by Department, local air pollution control agency or other State approved compliance monitoring and reporting programs. Onsite inspections will be made to verify shutdowns. If equipment has not been dismantled or removed, the owner or operator shall on an annual basis certify in writing to the Department the continuance of the shutdown.
§ 127.208. ERC use and transfer requirements.
The use and transfer of ERCs shall meet the following conditions:
* * * * * (2) The transferee shall secure approval to use the offsetting ERCs through a plan approval or an operating permit, which indicates the [Department] Department's approval of the ERC transfer and use. Upon the issuance of a plan approval or an operating permit, the ERCs are no longer subject to expiration under § 127.206(f) (relating to ERC general requirements) except as specified in § 127.206(g).
* * * * * (9) [For a VOC or NOx facility, the use and transfer of ERCs shall comply with the following:
(i)] For the purpose of emissions offset transfers at VOC or NOx facilities, the areas included within an ozone transport region established under section 184 of the Clean Air Act (42 U.S.C.A. § 7511c), which are designated in 40 CFR 81.339 (relating to Pennsylvania) as attainment [areas], nonattainment or unclassifiable areas for ozone, shall be treated as a single nonattainment area.
[(ii) A] (10) An owner or operator of a facility shall acquire ERCs for use as offsets from an ERC generating facility located within the same nonattainment area.
[(iii) An exception to the requirement of subparagraph (ii) may be granted to allow the acquisition of ERCs from a facility located outside the nonattainment area, but within either 2 days transport upwind or within 200 kilometers of the using facility, if the ERCs are obtained from another nonattainment area with an equal or higher classification and if the emissions from the other nonattainment area contribute to an NAAQS violation in the nonattainment area of the proposed facility. The facility shall demonstrate to the Department's satisfaction that the ERC generating facilities located in the nonattainment area were investigated and no suitable ERCs were available, and that the ERCs meet the 2-day transport upwind requirement.]
§ 127.209. ERC registry system.
* * * * * (e) Registry operations and procedures are as follows:
(1) The registry will list the ERCs, and the Department will publish revisions to the list of registered ERCs available for trading purposes in the Pennsylvania Bulletin on a quarterly basis.
* * * * * (4) Upon issuance of a plan approval allowing the use of ERCs entered in the registry, the following registry transactions will occur:
* * * * * (ii) The registry will indicate the effective date, the quantity of [used] ERCs used, the originating generator and the ERC creation date, which is the date of actual or anticipated emissions reduction by the ERC generating facility.
§ 127.210. Offset ratios.
The emission offset ratios for ERC transactions subject to the requirements of this subchapter [shall] must be in an amount equal to or greater than the ratios specified in the following table:
Required Emission Reductions From Existing Sources Flue Emissions Fugitive Emissions [Particulate Matter] PM-2.5, PM-10 and SOx 1.3:1 5:1 [Primary Nonattainment Areas 1.3:1 5:1] [Secondary Nonattainment Areas 1.1:1 3:1] * * * * * § 127.211. [Applicability determination] (Reserved).
[(a) An applicability determination will establish whether:
(1) A modification which results in an emissions rate increase or the emission of pollutants not previously emitted at an existing major facility for particulate matter, PM-10 precursors, PM-10, SOx, CO or lead emissions, located in or impacting a nonattainment area for these criteria pollutants, is a major modification under § 127.203 (relating to facilities subject to special permit requirements) and is subject to the new source review requirements of this subchapter.
(2) A modification which results in an emissions rate increase or the emission of pollutants not previously emitted at an existing major facility of VOC or NOx emissions, located in or impacting a moderate nonattainment area for ozone, or an area included within an ozone transport region and designated as either a marginal or incomplete data nonattainment area or as an unclassifiable/attainment area for ozone, is a major modification under § 127.203 and is subject to the new source review requirements of this subchapter.
(3) A modification which results in an emissions rate increase or the emission of pollutants not previously emitted at an existing major facility of VOC or NOx emissions, located in or impacting a serious or severe nonattainment area for ozone is a major modification under § 127.203 and is subject to the new source review requirements of this subchapter, except as modified by the requirements in § 127.203(c).
(b) The Department will conduct an applicability determination during its review of a plan approval application for a proposed modification which results in an increase in allowable emissions to determine the amount of the net increase in accordance with the following:
(1) For a proposed de minimis increase the proposed increase will be summed with those emission increases and decreases occurring after January 1, 1991.
(2) For a proposed increase which equals or exceeds an emissions rate threshold or significance level specified in § 127.203, the proposed increase will be summed with those emissions increases and decreases that occurred within the contemporaneous period which begins 5 years before commencement of construction of the proposed modification and ends with the date that the emission increase from the modification occurs. Notwithstanding the requirement to begin the contemporaneous period 5 years before construction, the period may not begin prior to January 1, 1991, or the design year of the most recent attainment demonstration, whichever is later.
(3) The following procedures will apply in determining the amount of emissions increases and decreases to be summed:
(i) If a facility's maximum allowable emissions rate has not been established, the rate will be calculated for purposes of the applicability determination.
(ii) The increase in potential to emit for each proposed modification or new source will be used to set an allowable emissions rate for the modified or new facility. The allowable rate increase will be treated as an increase in the maximum allowable emissions rate for the facility.
(iii) Other increases and decreases in allowable emission rates at a facility which occur within the applicable time period are creditable in accordance with the following:
(A) Increases in the allowable rates shall be factored into the facility maximum allowable emissions rate.
(B) A decrease in an allowable emissions rate is not creditable unless the following conditions are met:
(I) The emissions reduction credit provisions in § 127.207(1) and (3)--(7) (relating to ERC generation and creation) have been complied with, and the decrease is Federally enforceable by the time that actual construction begins on the modification. The plan approval for the modification will contain a provision specifying that the emissions decrease is Federally enforceable on or before the date of commencement of construction. The facility owner or operator shall certify in writing that the reductions were not relied on for a previous applicability determination or to generate ERCs.
(II) The emissions decrease is such that when compared with the proposed increase there is no significant change in the character of emissions, including seasonal emission patterns, stack heights or hourly emission rates. A significant change in the character of emissions means a change resulting in an increase in emissions equal to or greater than an emissions rate threshold or an impact in excess of a significance level as specified in § 127.203. For VOC and NOx during the ozone season, the portion of the annual emissions rate threshold specified in § 127.203 which as a percentage occurs during the ozone season may not be exceeded.
(III) The emission decrease represents approximately the same qualitative significance for public health and welfare as attributed to the proposed increase. This requirement is satisfied if the emission rate thresholds and significance levels contained in § 127.203 are not exceeded.
(C) An emissions reduction or an ERC generated at the facility may be used as a creditable decrease in an applicability determination. A portion of an ERC generated at another facility, acquired by trade and incorporated in a plan approval for use at the facility will not be credited as an emissions decrease in an applicability determination.
(D) ERCs which the facility has generated and registered are not creditable as reductions in an applicability determination unless the ERCs are withdrawn from the registry.
(E) A creditable emissions decrease which occurred prior to January 1, 1991, or the design year of the most recent attainment demonstration, whichever is later, and within the contemporaneous period of the proposed increase will be treated as new source growth and discounted in accordance with the applicable nonattainment area ratio in § 127.210 (relating to offset ratios).
(iv) An emissions increase that results from a physical change at a facility occurs when the unit on which construction occurred becomes operational and begins to emit a criteria pollutant. A replacement unit that is allowed a shakedown period becomes operational at the end of the approved shakedown period, which may not exceed 180 days.
(c) The new source review requirements of this subchapter apply to:
(1) A facility at which the proposed emissions increase and the net increase in the facility maximum allowable emissions rate as determined under subsection (b) meet or exceed the applicable threshold limits in § 127.203. A decrease in a facility maximum allowable emissions rate will not qualify as a decrease for purposes of this section when a facility petitions for a decrease in its maximum allowable emissions rate through a permit restriction unless the conditions of subsection (b)(3)(iii) are met.
(2) A facility which was deactivated for a period in excess of 1 year and is not in compliance with the reactivation requirements of § 127.215 (relating to reactivation).
(3) A source which has netted out of new source review by applying emissions reduction or ERCs generated by another source at the facility, if the emissions reduction or ERC generating source subsequently increases its allowable emissions unless the facility generates sufficient additional emissions reductions or ERCs equal to the proposed increase at the ERC generating source.
(d) For a proposed emissions increase that is subject to the new source requirements under subsection (c), the requirements of § 127.205 (relating to special permit requirements) are applicable in the following manner:
(1) Emissions offsets shall be required for the entire net emissions increase which occurred over the contemporaneous period except to the extent that offsets or other reductions were previously applied against increases in an earlier applicability determination.
(2) LAER applies to the proposed modification which results in an increase in emissions, and to subsequent or previous modifications which result in emissions increases that are directly related to and normally included in the project associated with the proposed modification and which occurred within the contemporaneous period of the proposed emissions increase.
(e) For a proposed de minimis increase in which the net emissions increase since January 1, 1991, meets or exceeds the threshold limits in § 127.203, only the emissions offset requirements in § 127.205(3) apply to the net emissions increase.
(f) The new source review requirements of this subchapter do not apply to:
(1) A facility at which a proposed major modification results in a net increase in the maximum allowable emission rate as determined under subsection (b) which does not meet or exceed the applicable threshold limits in § 127.203.
(2) A facility at which a proposed de minimis increase results in a net emissions increase since January 1, 1991, which as determined under subsection (b) does not meet or exceed the applicable threshold limits in § 127.203.]
§ 127.212. Portable facilities.
(a) [A] An owner or operator of a portable SOx, [particulate matter,] PM-10 [precursor] precursors, PM-10, PM-2.5 precursors, PM-2.5, lead or CO facility subject to this subchapter which will be relocated within 6 months of the commencement of operation to a location within an attainment area which does not have an impact on a nonattainment area at or above the significance levels contained in § 127.203 (relating to facilities subject to special permit requirements) shall be exempt from this subchapter. [A] An owner or operator of a facility which subsequently returns to a location where it is subject to this subchapter shall comply with this subchapter.
(b) [A] An owner or operator of a portable VOC or NOx facility subject to this subchapter which will be relocated outside of this Commonwealth within 6 months of the commencement of operation shall be exempt from this subchapter. [A] An owner or operator of a facility which subsequently returns to a location in this Commonwealth where it is subject to this subchapter shall comply with this subchapter.
§ 127.213. Construction and demolition.
* * * * * (b) Emissions from construction and demolition activities may not be considered under [§ 127.203 (relating to facilities subject to special permit requirements)] § 127.203a (relating to applicability determination).
§ 127.214. [Exemptions] (Reserved).
[The special permit requirements of this subchapter may be waived for modifications to an existing facility through a plan approval application which demonstrates to the satisfaction of the Department that:
(1) The capital expenditure is being made with the primary purpose of achieving compliance with a new, more stringent regulation than was previously applicable, and will bring the facility into compliance with the new regulation.
(2) The maximum allowable emissions from the facility itself or a discrete operation, unit or other pollutant emitting activity at the facility will not increase.]
§ 127.214a. Special provisions for advanced clean coal generation technology.
(a) This section applies to an owner or operator of a project that uses advanced clean coal generation technology in a new electric utility steam generating unit or to retrofit or repower an existing electric utility steam generation unit.
(b) As used in this section, the term ''advanced clean coal generation technology'' means an electric utility steam generating unit uses an advanced clean coal generation technology if the following conditions are met:
(1) The unit either:
(i) Uses integrated gasification combined cycle technology.
(ii) Has a design net heat rate of no more than 8530 Btu/KWH (at least 40% efficiency).
(2) The vendor warrants that the unit is designed, at a minimum, to meet the following performance requirements:
Pollutants Emission Rate Averaging Period SOx 99% removal 30-days rolling average NOx 0.5 lbs/MWH 30-days rolling average CO 0.32 lbs/MWH 24-hour rolling average PM-10 0.06 lbs/MWH Average of three one-hour stack tests VOC 0.01 lbs/MWH Average of three one-hour stack tests CO2 1.76 lbs/KWH 12-month rolling average Hg 95% removal 12-month rolling average (c) An owner or operator of a new, retrofitted or repowered electric utility steam generation unit that qualifies as advanced clean coal generation technology with a net emissions increase from the facility which meets or exceeds the applicable emissions rate that is significant shall be subject to this subchapter.
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