[46 Pa.B. 2036]
[Saturday, April 23, 2016]
[Continued from previous Web Page] Subsection (f)—Municipal waste combustors
Commentators noted that the proposed NOx emissions limits for municipal waste combustors require only that municipal waste combustor operators meet emissions limits established in Federal emissions guidelines. While the HAP emissions limits in the Federal guidelines are MACT-based, and thus may be RACT for VOCs, the NOx limits are not MACT-based and are not RACT. Therefore, more stringent limitations should be established as RACT.
The Board finds that the current proposed standards are in compliance with the emission guidelines in 40 CFR Part 60, Subpart Cb (relating to emission guidelines and compliance times for large municipal waste combustors that are constructed on or before September 20, 1994). These emission guidelines range from 180 to 250 ppmvd NOx @ 7% oxygen. Out of six existing facilities, five are already limited to 180 ppm or less. The Covanta Plymouth (Montgomery County) facility has CEMS data (3rd quarter 2007) showing emissions above 180 ppm. Emissions were generally between 190 and 200 ppm, with a few data points near 180 ppm (one below 180 ppm). The units located at the Covanta Plymouth facility are equipped with SNCR. The existing SNCR could be optimized to achieve an emission limit of 180 ppm. Upon re-evaluation of the NOx emission data from municipal waste combustors, the Board concluded that a NOx emission limit of 180 ppmvd @ 7% oxygen was achievable. In final-form § 129.97(f), the NOx limit is revised to 180 ppmvd @ 7% oxygen for municipal waste combustors.
§ 129.98. Facility-wide or system-wide NOx emissions averaging plan general requirements
One commentator believed that the proposed alternative compliance mechanisms must include a rate sufficient to lower system-wide emissions. The 30-day system-wide rolling average rate is set so high that it fails to require reductions at all sources. The rulemaking may have the effect of allowing operators to discontinue the operation of NOx control equipment simply by running controls on a different unit. Therefore, the emission rate needed to achieve compliance with system-wide average is not consistent with an appropriate level of post-combustion controls. The averaging mechanism itself must reflect some level of control. At a minimum, the system-wide rate needs to incorporate a sufficient use of control technologies already installed on the units. An amendment to the NOx rate ought to take into account unit configuration and control technologies that have already been installed.
The Board disagrees. The final-form rulemaking will not allow the operator to discontinue the operation of NOx control equipment, such as SCR or SNCR, by operating controls on a different unit. A 30-day rolling limit addresses problems that are faced by certain owners and operators, including variability in fuel (such as in waste coal combustors), emission spikes during start-up and shutdown of the emission source, and emissions during malfunctions. The 30-day rolling average will require that the owners and operators operate below the allowable standard to account for the occasional higher emissions. Design limitations of the existing SCR and SNCR control technology installed on the affected coal-fired boilers dictate the operating parameters that are reasonably achievable.
However, based on consideration of comments received during the public comment period and on the evaluation of NOx emissions data for coal-fired boilers for a 5-year period, final-form § 129.97(g)(1)(viii) and (ix) addresses the use of installed SCR or SNCR equipment. Further, the NOx emission limit for CFB combustion units in § 129.97(g)(1)(vi)(A) is lowered from the proposed 0.20 lb NOx/million Btu heat input to 0.16 lb NOx/million Btu heat input in the final-form rulemaking.
The final-form rulemaking adds § 129.97(g)(1)(viii), which states that the presumptive emission limitation for a combustion unit with an SCR system operating with an inlet temperature equal to or greater than 600°F is 0.12 lb NOx/million Btu heat input. Section 129.97(g)(1)(viii) further states that compliance with this emission limit is also required when by-passing the SCR system. Therefore, operation of SCR for one facility cannot be used to offset non-operation of SCR from a different facility in an emissions averaging plan.
Many commentators found that utilities should not be allowed to average their NOx emissions over their entire fleet of power plants in addition to allowing them to average these emissions over 30 days rather than the 1-hour or 8-hour standard. Peaking units should not be allowed to average their NOx emissions over 30 days rather than 24 hours or less.
The Board disagrees. A 30-day rolling averaging period is appropriate to accommodate operation at varying load and operating conditions.
A 30-day rolling limit addresses problems including variability in fuel (such as in waste coal combustors), emission spikes during start-up and shutdown of the emission source, and emissions during malfunctions that are faced by certain owners and operators. Due to these unavoidable circumstances not indicative of normal operation, it would not be appropriate for utilities utilizing NOx CEMS to be required to show compliance with the presumptive NOx RACT emission limitations over a 1-hour or 8-hour averaging period. The 30-day rolling average will require that the owners and operators operate below the allowable standard to account for the occasional higher emissions. A 30-day rolling average has been approved by the EPA to demonstrate compliance with the short-term RACT limitations in SIP revisions submitted by certain states, including New York and Wisconsin.
Wisconsin's RACT regulations, which the EPA approved in October 2010, include emission averaging on a 30-day rolling basis for determining compliance. Wisconsin described this period as short term and noted that this approach would allow averaging of the typical variations in emission levels from a single unit.
The 30-day rolling averages are determined on an operating-day basis by taking the total emissions and dividing by the total heat input during each 30-day period. Therefore, there is no difference for peaking units as compared to other units.
In a recent court decision from the 9th Circuit Court of Appeals, the court stated in Nat'l Parks Conservation Ass'n v. EPA, No. 12-73710 (9th Cir. 2015) that ''EPA also properly set emissions limits for Corette [a coal-fired power plant] on a 30-day rolling average. . . . EPA's reasoned disagreement on this topic with PPL Montana's comment reflects its conclusion on a highly scientific question—the variance in emissions calculations that occurs when annualized rates are translated into thirty-day rolling averages—precisely the kind of question justifying deference to EPA's discretion. See Nat'l Wildlife Fed'n v. U. S. Army Corps of Eng'rs, 384 F.3d 1163, 1177-78 (9th Cir. 2004).'' Similarly, the Department is setting a 30-day rolling average to accommodate variances in hourly or daily emission calculations. With these variances accommodated, the Department is able to set emission limitations at a lower level.
In the preamble to the final rule for Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements, the EPA supported the use of area-wide emissions averaging at 80 FR 12264, 12280. The final rule stated ''[t]he EPA's existing policy recognizes that states can meet NOx RACT requirements by submitting as part of their NOx RACT SIP submittal a demonstration that the weighted average NOx emission rate from sources in the nonattainment area subject to RACT achieves RACT-level reductions.'' The final rule also stated ''[c]onsistent with previous guidance, the EPA continues to believe that RACT can be met on average by a group of sources within a nonattainment area rather than at each individual source.'' The averaging provision included in § 129.98 is consistent with the EPA's final rule.
A number of commentators found that the equation for calculating the 30-day rolling average should reflect what the proposed rulemaking's actual text provides for, which is that the value for the 30-day rolling average is calculated by taking the total mass of NOx emissions for the sources under the plan (over the 30-day period) and comparing that with the total mass of NOx that the sources could have emitted by using the emission rates under the presumptive RACT. In these instances, the actual value of emissions must then be less than or equal to the allowable emissions over the 30-day period. Additionally, the averaging equation should also be generalized to allow operators to use engineering units consistent with the type of equipment or process.
The Board agrees with the commentators' suggestion about the 30-day rolling average equation. The facility-wide NOx emission averaging equation in § 129.98(e) has been revised in the final-form rulemaking to reflect a mass-to-mass comparison between actual and allowable NOx emissions. The aggregated actual emissions from sources included in the averaging plan must be no greater than aggregated allowable emissions on a 30-day rolling basis. The allowable emissions are necessarily determined using the actual operation of the emission sources included in the plan. The owner or operator assumes the responsibility to meet the allowable emission limit. See the response to comment 138 in the comment and response document for information about how emission sources are selected for inclusion in an emissions averaging plan proposal submitted under § 129.98.
Section 129.98(d) has been revised in the final-form rulemaking to clarify that the application for the operating permit modification or the plan approval, if otherwise required, for averaging NOx emissions on either a facility-wide or system-wide basis using a 30-day rolling average submitted under § 129.98(b) must demonstrate that the aggregate NOx emissions emitted by the air contamination sources included in the facility-wide or system-wide NOx emissions averaging plan using a 30-day rolling average are not greater than the NOx emissions that would be emitted by the group of included sources if each source complied with the applicable NOx RACT emission limitation in § 129.97 on a source-specific basis.
Section 129.98(e) has been revised in the final-form rulemaking to incorporate the following changes in the facility-wide or system-wide NOx emissions averaging equation: the 0.9 factor was deleted and the final-form equation reflects a mass-to-mass comparison between actual and allowable NOx emissions. Since the final-form rulemaking sets forth more stringent requirements and emission limitations for certain affected sources than were proposed, the 0.9 factor is not included in the averaging equation.
§§ 129.97(a) and (k), 129.99(i) and 129.100(b)—Compliance demonstration timeline
Several commentators noted that the timing in the proposed rulemaking for the implementation of the RACT regulations is not adequate. A 1-year compliance schedule for implementing alternative RACT NOx limitations is infeasible, grossly inadequate, impractical and unreasonable. The Board should explain why the time frames are reasonable or provide a request for extension provision in the final-form rulemaking.
The Board disagrees with the commentators. The final-form rulemaking provides an adequate amount of time for the implementation of the alternative RACT requirement or RACT emission limitation. Moreover, the EPA recently established a January 1, 2017, RACT implementation deadline for the 2008 8-hour ozone NAAQS. In the preamble for the SIP Implementation Requirements Rule published at 80 FR 12264, 12279, the EPA stated the following:
The EPA believes that the January 1, 2017, date allows a sufficient amount of time for states to make RACT determinations and for sources to meet RACT requirements on the time-table originally anticipated under the 1990 CAA Amendments, and ensures that RACT measures are required to be in place throughout the last ozone season prior to the Moderate area attainment date of July 20, 2018.The final-form rulemaking provides additional time for compliance if the installation of air cleaning devices or approval of alternative emission limitations or compliance schedules will be necessary for RACT compliance purposes.
Two commentators found that § 129.97(a) and (k), relative to alternative compliance schedules, should allow for an exception to the presumptive RACT limits in situations when a regulated entity submits a timely and complete proposal for an alternative RACT. As written, the subsections appear to require compliance with the presumptive RACT limits until the Department approves an alternative RACT. This creates uncertainty and puts the regulated entity at risk of being in noncompliance even though it applied for an alternative in good faith and on a timely basis. The subsections should be amended to provide a mechanism for a regulated source to secure an extension of those deadlines.
The Boards disagrees in part and agrees in part. Section 129.97(k)(2)(iv) has not been changed from proposed to final-form rulemaking. Proposed § 129.97(k)(2)(v)specified that the written petition include a proposed final compliance date that is as soon as possible but not later than 3 years after the effective date of adoption of the proposed rulemaking. Section 129.97(k)(2)(v) has been amended to specify that the written petition include a proposed final compliance date that is as soon as possible but not later than 3 years after the approval of the petition. The approved petition shall be incorporated in an applicable operating permit or plan approval. The affected owner and operator that cannot comply with the presumptive RACT requirement or RACT emission limitation without the installation of an air cleaning device therefore has 6 months to submit the written petition under § 129.97(k)(1) and may request an extension of the compliance date under § 129.97(k)(2)(v) of up to 3 years after the approval date of the petition.
Some commentators wanted to allow 12 to 18 months from the effective date of this final-form rulemaking to submit a proposed case-by-case RACT, and the compliance deadline for an approved alternative RACT should be submitted with the RACT proposal.
The Board disagrees with the commentators that applicants should have 12 to 18 months after the effective date of the final-form rulemaking to submit an alternative RACT proposal. The case-by-case RACT proposals for the existing RACT requirements in § 129.91 (relating to control of major sources of NOx and VOCs) were required to be submitted by the affected owners and operators by July 15, 1994, which was 6 months after the effective date of § 129.91. See 24 Pa.B. 467 (January 15, 1994). The 6-month time frame in final-form § 129.99(d)(1) for the submission of alternative RACT proposals is consistent with existing Department regulations.
Furthermore, at 80 FR 12264, 12282, the EPA stated that ''. . . the January 1, 2017, date allows a sufficient amount of time for states to make RACT determinations and for sources to meet RACT requirements on the time-table originally anticipated under the 1990 CAA Amendments. . . .'' With a January 1, 2017, RACT implementation deadline, the 6-month deadline for the submittal of alternatives to the presumptive RACT requirements and limitations is reasonable.
The Board agrees with the commentators that the compliance deadline for an approved alternative RACT should be submitted with the RACT proposal and included this requirement in proposed § 129.99(d)(4). Final-form § 129.99(i)(2)(v) has been revised to specify that the written petition include a proposed final compliance date that is as soon as possible but not later than 3 years after the approval of the petition. If the petition is for the replacement of an existing source, the final compliance date will be determined on a case-by-case basis.
§ 129.99. Alternative RACT proposal and petition for alternative compliance schedule
Several commentators supported the provisions of the proposed rulemaking preserving case-by-case.
The Board thanks the commentators for their support. The Board believes that the section dealing with case-by-case provides certain flexibility for the regulated community. However, the Board does not expect that this provision will be used routinely as the owners and operators of most affected sources shall likely meet the presumptive RACT requirements and RACT emission limitations.
The commentators recommended that the Department further outline the case-by-case process, as well as update and define dollar-per-ton cost thresholds against which case-by-case RACT petitions will be required to rank technology options. The Department provided similar detail in the first RACT implementation program in 1994 and, for example, could include implementation guidance and a reference to the updated EPA cost manual.
The Board notes that the Department did not establish a bright-line cost effectiveness threshold to determine RACT. For the determination of presumptive NOx RACT emission limitations, the Department generally used a NOx emission cost-effectiveness upper bound of $2,800 per ton NOx controlled. However, the cost effectiveness thresholds used for presumptive RACT emission limitations may not be appropriate for case-by-case determinations. Prior to the implementation of the final-form RACT rulemaking requirements, the Department may prepare additional guidance for alternative RACT proposals and petitions for an alternative compliance schedule, if necessary. The case-by-case process itself is outlined under § 129.99.
A commentator said that the Department is to approve, deny or modify the alternative RACT proposal in writing through the issuance of a plan approval or an operating permit modification prior to the owner or operator implementing the alternative RACT emission limitation. The proposed rulemaking should be revised to acknowledge that modifications of the alternative RACT proposal will not be made without input from the applicant.
The Board finds that § 129.99(e)(3) allows the Department to deny or modify the alternative RACT proposal submitted by the applicant if the proposal does not comply with § 129.99(d). The proposed alternative RACT determinations are required to undergo a public participation process when the applicant will have an opportunity to comment. In addition, the applicant has the right to appeal the final RACT determination.
§ 129.100. Compliance demonstration and recordkeeping requirements
Subsections (a) and (c)—Source testing and monitoring
A few commentators stated that many of these provisions do not meet the CAA requirement for a monitored, verifiable, measureable and Federally-enforceable emissions control program.
The Board disagrees. The final-form rulemaking contains adequate requirements for monitoring that are measureable and verifiable and will be Federally enforceable upon approval by the EPA as a SIP revision. These requirements are under § 129.100.
More than a few commentators believed that NOx emissions should be monitored by pollution sources and over a 1-hour and 8-hour standard.
The Board disagrees. For sources equipped with CEMS, a 30-day rolling averaging period is appropriate to accommodate operation at varying load and operating conditions. A 30-day rolling limit addresses problems including variability in fuel (such as in waste coal combustors), emission spikes during start-up and shutdown of the emission source, and emissions during malfunctions that are faced by certain owners and operators. Due to these unavoidable circumstances not indicative of normal operation, it would not be appropriate for utilities utilizing NOx CEMS to be required to show compliance with the presumptive NOx RACT emission limitations over a 1-hour or 8-hour averaging period. The 30-day rolling average will require that the owners and operators operate below the allowable standard to account for the occasional higher emissions. A 30-day rolling average has been approved by the EPA to demonstrate compliance with the short-term RACT limitations in SIP revisions submitted by certain states including New York and Wisconsin.
Wisconsin's RACT regulations, which the EPA approved in October 2010, include emission averaging on a 30-day rolling basis for determining compliance. Wisconsin described this period as short term and noted that this approach would allow averaging of the typical variations in emission levels from a single unit. For sources not equipped with CEMS, compliance with the presumptive NOx RACT emission limitations is to be shown with appropriate EPA reference-method source testing. Therefore, the RACT rulemaking contains adequate requirements for monitoring that are measureable and verifiable and will be Federally enforceable upon approval by the EPA as a SIP revision.
One commentator believed that the waiver regarding stack testing compliance demonstration in § 129.100(c) should be available to all sources subject to the proposed regulations, including those subject to § 129.99, the case-by-case RACT determination.
The Board responds by noting that the owner or operator of any source that is not subject to a presumptive RACT requirement may propose an alternative RACT emission limitation. The alternative RACT proposal may include alternative methods of compliance demonstration, including the use of previously performed source testing. Since this would involve case-by-case approval, there is no need to put any additional requirements in the final-form rulemaking.
Another commentator stated that, under § 129.100, compliance for each source subject to RACT limits is to be demonstrated through CEMS or source testing. The final-form rulemaking should provide that engines that are EPA-certified for the NSPS (40 CFR Part 60, Subparts IIII and JJJJ (relating to standards of performance for stationary compression ignition internal combustion engines; and standards of performance for stationary spark ignition internal combustion engines)) comply with RACT without resort to CEMS or source testing. The use of an EPA-certified engine should be sufficient to demonstrate compliance with RACT emission limitations.
The Board disagrees. Compliance must be demonstrated in accordance with § 129.100, which requires that compliance for each source subject to RACT limits is to be demonstrated through either CEMS or stack testing. A certification in and of itself cannot show that a source is in compliance with an emission limit. Only a CEMS, stack test or other measuring protocol can assure compliance. In the case of RACT, the Department decided that a CEMS or stack test is the most efficacious way to show compliance.
Subsections (d)—(i)—Recordkeeping
A few commentators noted that proposed § 129.100 contained compliance demonstration and recordkeeping requirements for sources subject to part or all of the proposed rulemaking. However, there does not seem to be any direction for a source only subject to work practice standards (such as the vague good engineering practices requirement). The commentators asked what is their compliance demonstration method and what records is a site required to keep to meet this requirement.
The Board points out that § 127.444 requires sources to operate in a manner consistent with good operating practices. Sources subject to § 129.97 are already subject to § 127.444. The Title V Operating Permit includes the appropriate recordkeeping and reporting requirements to demonstrate compliance with all applicable requirements.
It should be noted that the presumptive RACT requirements included in § 129.93 require the installation, maintenance and operation of the source in accordance with manufacturer's specifications. This requirement has been implemented since 1995. In addition, the owner or operator may opt to determine RACT requirements on a case-by-case basis under § 129.99 in place of the presumptive RACT requirements and RACT emission limitations under § 129.97.
The commentator felt that CO should not be included in the log book. At a minimum the CO emissions requirement should be removed as CO is not part of the proposed NOx and VOC RACT.
The Board disagrees. The final-form rulemaking has been revised to require biennial tune-ups for a combustion unit with a rated heat input equal to or greater than 20 million Btu/hour and less than 50 million Btu/hour conducted in accordance with 40 CFR 63.11223. CO emissions are required to be included in the record under 40 CFR 63.11223. In addition, CO emissions are recorded as a surrogate for VOC emissions.
A commentator stated that the cement kiln limits apply at all times, including malfunctions, so there is no logical reason why the Department would need malfunction logs to assess compliance with the proposed rulemaking. Malfunction records are already required under Title V boilerplate conditions and do not need to be repeated in the proposed rulemaking.
The Board notes that the presumptive NOx RACT emission limitations for Portland cement kilns are applicable at all times, including start-up, shutdown and malfunction. The Department agrees that malfunction records are already required by Title V permits. Therefore, no additional recordkeeping requirements are imposed on the owner or operator to record malfunction information due to the final-form rulemaking.
Miscellaneous comments
A commentator believed that the failure to apply MACT-based limits uniformly, especially to municipal waste combustors, also poses a risk of increased VOC exposure to vulnerable populations that may also fall under the rubric of environmental justice communities which are warranted additional protection under Federal Executive Order 12898 (1994), Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations.
The Board disagrees that the failure to apply MACT-level limitations to subject sources, including municipal waste combustors, will pose a risk of increased VOC exposure to vulnerable populations. The proposed and final-form rulemakings address the Commonwealth's obligations under the act, the CAA and regulations issued under the CAA to establish RACT requirements for the 8-hour ozone NAAQS promulgated in 1997 and revised in 2008. The RACT requirements and emission limitations in the proposed rulemaking are applicable to the owners and operators of subject sources of NOx or VOC emissions (precursors to ozone formation) in existence on or before July 20, 2012, the effective date of the EPA's designations and classifications for the 2008 ozone NAAQS published at 77 FR 30088.
The Commonwealth must implement permanent and enforceable control measures to attain and maintain the standards and to ensure violations of the standards do not occur for the next decade.
This final-form rulemaking will provide reductions of both potential and actual NOx and VOC emissions from major NOx and VOC emitting facilities Statewide. Additionally, the owners and operators of many of the facilities that the commentator is concerned about are already subject to MACT.
A commentator requested clarification regarding the jurisdiction of the Philadelphia Air Management Services (AMS) in implementing/enforcing the RACT regulations in proposed §§ 129.96—129.100. The commentator recommended that compliance with proposed §§ 129.96—129.100 satisfy compliance with Philadelphia AMS RACT requirements.
The Philadelphia AMS in the City of Philadelphia's Health Department administers a local air pollution control program approved by the Department under section 12 of the act (35 P.S. § 4012). Air quality regulations enforced by the Philadelphia AMS are codified under Title 3 of the Philadelphia Code. The Philadelphia AMS may incorporate Department regulations by reference or may enact regulations of its own to satisfy the obligations under the CAA and regulations issued under the CAA. The Philadelphia AMS has required the owners and operators of affected sources in its jurisdiction to determine RACT requirements on a case-by-case basis for the 1997 ozone standard. While the Board's RACT regulations will apply Statewide, the Philadelphia AMS may establish separate RACT requirements and compliance standards for the owners and operators of affected sources under its jurisdiction.
Commentators signed a petition that expressed concern that the proposed rulemaking will not do enough to address pollution at coal-fired power plants.
The Board acknowledges receipt of a petition containing 2,246 signatures. The Board also disagrees with the commentators. The final-form rulemaking requires the owners and operators of any combustion unit equipped with an SCR system that is operating with an inlet temperature equal to or greater than 600°F to meet a NOx emission limit of 0.12 lb NOx/million Btu. Compliance with this emission limit is also required when by-passing the SCR system. The more stringent NOx emission limitation for coal-fired units equipped with SCR systems will reduce NOx emissions from the electric generating sector to approximately 59,000 tons of actual NOx emissions. It is also important to note that NOx emissions have declined significantly in this Commonwealth, especially from coal-fired EGUs—NOx emissions decreased from approximately 192,004 tons in 2000 to 119,025 tons of NOx emissions in 2013. The final-form rulemaking will result in further reductions in actual NOx emissions from one of the largest sources of NOx emissions in the Department emissions inventory.
G. Benefits, Costs and Compliance
Benefits
Reduced ambient concentrations of ground-level ozone would reduce the incidences of hospital admissions for respiratory ailments including asthma and improve the quality of life for citizens overall. While children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms when they are exposed to high levels of ambient ground-level ozone while engaged in activities that involve physical exertion.
This final-form rulemaking may create economic opportunities for NOx and VOC emission control technology innovators, manufacturers and distributors through an increased demand for new or improved equipment. In addition, the owners and operators of regulated facilities may be required to install and operate an emissions monitoring system or equipment necessary for an emissions monitoring method to comply with this final-form rulemaking, thereby creating an economic opportunity for the emissions monitoring industry.
Compliance costs
Compliance costs will vary for each facility depending on which compliance option is chosen by the owner and operator of a facility. The final-form rulemaking includes a provision for the owner and operator of an affected facility to meet the applicable presumptive NOx RACT or VOC RACT emission limitation under § 129.97, which is the option to propose an alternative compliance schedule if an air cleaning device must be installed. In addition, in the case of a NOx limitation, the owners and operators of an affected facility may elect to meet that applicable NOx RACT emission limitation by averaging NOx emissions on either a facility-wide or system-wide basis using a 30-day rolling average under § 129.98.
An affected facility owner or operator may also submit a case-specific RACT proposal for an alternative emission limitation to the Department for approval under § 129.99. Under this provision, the owner or operator shall demonstrate to the Department's satisfaction that it is economically or technically infeasible to meet the applicable proposed NOx RACT or VOC RACT emission limitation. These provisions may minimize compliance costs to the owner or operator of an affected facility.
The emission limitations established by this final-form rulemaking will not require the submission of applications for amendments to existing operating permits. These requirements will be incorporated as applicable requirements at the time of permit renewal, if less than 3 years remain in the permit term, as specified under § 127.463(c) (relating to operating permit revisions to incorporate applicable standards). If 3 years or more remain in the permit term, the requirements will be incorporated as applicable requirements in the permit within 18 months of the promulgation of the final-form rulemaking, as required under § 127.463(b). Most importantly, § 127.463(e) specifies that ''[r]egardless of whether a revision is required under this section, the permittee shall meet the applicable standards or regulations promulgated under the Clean Air Act within the time frame required by standards or regulations.'' Consequently, the requirements will apply to affected owners and operators irrespective of a modification to the operating permit.
Compliance assistance plan
The Department will continue to work with the Small Business Assistance Program to aid the facilities less able to handle permitting matters with in-house staff. Through increased preapplication meetings with facilities, industry and the Department both benefit by faster review of permit applications.
Paperwork requirements
The final-form rulemaking will not increase the paperwork that is already generated during the normal course of business operations.
H. Pollution Prevention
The Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to the owners and operators of facilities that permanently achieve or move beyond compliance. The final RACT requirements allow the Department and approved local air pollution control agencies to maintain or increase the reductions of NOx and VOC emissions from the regulated sources in this Commonwealth, sustain the gains made in healthful air quality and ensure continued protection of the environment and the public health and welfare of the citizens of this Commonwealth.
I. Sunset Review
This final-form rulemaking 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.
J. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on April 7, 2014, the Department submitted a copy of the notice of proposed rulemaking, published at 44 Pa.B. 2392 (April 19, 2014), to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P.S. § 745.5a(j.2)), on March 9, 2016, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on March 10, 2016, and approved the final-form rulemaking.
K. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P.S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) At least a 60-day public comment period was provided as required by law and all comments were considered.
(3) This final-form rulemaking does not enlarge the purpose of the proposed rulemaking published at 44 Pa.B. 2392.
(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this preamble.
(5) These regulations are reasonably necessary to attain and maintain the 8-hour ozone NAAQS and to satisfy related CAA requirements.
L. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapters 121 and 129, are amended by adding §§ 129.96—129.100 and by amending § 121.1 to read as set forth in Annex A, with ellipses referring to existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(e) This final-form rulemaking will be submitted to the EPA as an amendment to the Pennsylvania SIP.
(f) This order shall take effect upon publication in the Pennsylvania Bulletin.
JOHN QUIGLEY,
Chairperson(Editor's Note: See 46 Pa.B. 1623 (March 26, 2016) for IRRC's approval order.)
Fiscal Note: Fiscal Note 7-485 remains valid for the final adoption of the subject regulations.
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:
* * * * * CEMS—Continuous emissions monitoring system—All of the equipment that may be required to meet the data acquisition and availability requirements established under the act or the Clean Air Act to monitor, measure, calculate, sample, condition, analyze and provide a record of emissions from an affected unit on a continuous basis.
* * * * * Major NOx emitting facility—A facility which emits or has the potential to emit NOx from the processes located at the site or on contiguous properties under the common control of the same person at a rate greater than one of the following:
(i) Ten TPY in an ozone nonattainment area designated as extreme under section 182(e) and (f) of the Clean Air Act (42 U.S.C.A. § 7511a(e) and (f)).
(ii) Twenty-five TPY in an ozone nonattainment area designated as severe under section 182(d) and (f) of the Clean Air Act.
(iii) Fifty TPY in an area designated as serious under section 182(c) and (f) of the Clean Air Act.
(iv) One hundred TPY in an area included in an ozone transport region established under section 184 of the Clean Air Act (42 U.S.C.A. § 7511c).
(v) Twenty-five TPY and is located in Bucks, Chester, Delaware, Montgomery or Philadelphia County. This threshold does not apply to §§ 129.96—129.100 (relating to additional RACT requirements for major sources of NOx and VOCs).
Major VOC emitting facility—A facility which emits or has the potential to emit VOCs from processes located at the site or on contiguous properties under the common control of the same person at a rate greater than one of the following:
(i) Ten TPY in an ozone nonattainment area designated as extreme under section 182(e) of the Clean Air Act.
(ii) Twenty-five TPY in an ozone nonattainment area designated as severe under section 182(d) of the Clean Air Act.
(iii) Fifty TPY in an area included in an ozone transport region established under section 184 of the Clean Air Act.
(iv) Twenty-five TPY and is located in Bucks, Chester, Delaware, Montgomery or Philadelphia County. This threshold does not apply to §§ 129.96—129.100.
* * * * * Process—A method, reaction or operation in which materials are handled or whereby materials undergo physical change—that is, the size, shape, appearance, temperature, state or other physical property of the material is altered—or chemical change—that is, a substance with different chemical composition or properties is formed or created. The term includes all of the equipment, operations and facilities necessary for the completion of the transformation of the materials to produce a physical or chemical change. There may be several processes in series or parallel necessary to the manufacture of a product.
Process heater—
(i) An enclosed device using controlled flame, that is not a boiler, the primary purpose of which is to transfer heat to a process material or to a heat transfer material for use in a process unit.
(ii) The term does not include an enclosed device that meets either of the following circumstances:
(A) Has the primary purpose of generating steam.
(B) In which the material being heated is in direct contact with the products of combustion, including:
(I) A furnace.
(II) A kiln.
(III) An unfired waste heat recovery heater.
(IV) A unit used for comfort heat, space heat or food preparation for onsite consumption.
(V) An autoclave.
Project—A physical change in or change in the method of operation of an existing facility, including a new emissions unit.
* * * * * Refinery component—A piece of equipment which has the potential to leak VOCs when tested in the manner specified in § 129.58 (relating to petroleum refineries—fugitive sources). These sources include, but are not limited to, pump seals, compressor seals, seal oil degassing vents, pipeline valves, pressure relief devices, process drains and open-ended pipes. Excluded from these sources are valves which are not externally regulated.
Refinery gas—Gas produced at a refinery which produces petroleum products, including gasoline, from refinery units.
Refinery unit—A basic process operation, such as distillation hydrotreating, cracking or reforming of hydrocarbons which is made up of a set of refinery components.
Regenerative cycle combustion turbine—A stationary combustion turbine which recovers heat from the combustion turbine exhaust gases to preheat the inlet combustion air to the combustion turbine.
Regulated NSR pollutant—
* * * * * Silicone insulation material—An insulating material applied to exterior metal surfaces of aerospace vehicles for protection from high temperatures caused by atmospheric friction or engine exhaust. These materials differ from ablative coatings in that they are not designed to be purposefully exposed to open flame or extreme heat and charred.
Simple cycle combustion turbine—A stationary combustion turbine which does not recover heat from the combustion turbine exhaust gases to preheat the inlet combustion air to the combustion turbine, or which does not recover heat from the combustion turbine exhaust gases for purposes other than enhancing the performance of the combustion turbine itself.
Single coat—One film of coating applied to a metal surface.
* * * * * Start-up—For purposes of §§ 129.301—129.310, the period of time, after initial construction, shutdown or cold shutdown, during which a glass melting furnace is heated to stable operating temperature by the primary furnace combustion system, and systems and instrumentation are brought to stabilization.
Stationary combustion turbine—Equipment, including the turbine, fuel, air, lubrication and exhaust gas systems, control systems (except emissions control equipment), heat recovery system, and ancillary components and subcomponents comprising a simple cycle combustion turbine, a regenerative or recuperative cycle combustion turbine, a combined cycle combustion turbine, and a combined heat and power combustion turbine-based system. The equipment is not self-propelled or intended to be propelled while performing its function. The equipment may be mounted on a vehicle for portability.
Stationary internal combustion engine or stationary reciprocating internal combustion engine—
(i) An internal combustion engine which uses reciprocating motion to convert heat energy into mechanical work and which is not mobile.
(ii) The term does not include the following:
(A) A combustion turbine.
(B) A nonroad engine as defined in 40 CFR 1068.30 (relating to what definitions apply to this part), excluding paragraph (2)(ii) of this definition.
(C) An engine used to propel a motor vehicle, an aircraft or a vehicle used solely for competition.
(D) A portable temporary source such as an air compressor or generator.
Stockpiling—The act of placing, storing and removing materials on piles exposed to the outdoor atmosphere. Placing refers to the deposition of material onto the pile. Removing refers to disturbing the pile either for loading of material into or onto vehicles for transportation purposes or for material handling. Material that is not to be utilized in the production of a product or is not itself a useful product is excluded from the definition of stockpile material. Operations which consist entirely of transferring material between different transportation conveyances are also excluded from this definition.
* * * * *
CHAPTER 129. STANDARDS FOR SOURCES
ADDITIONAL RACT REQUIREMENTS FOR MAJOR SOURCES OF NOx AND VOCs § 129.96. Applicability.
(a) The NOx requirements of this section and §§ 129.97—129.100 apply Statewide to the owner and operator of a major NOx emitting facility and the VOC requirements of this section and §§ 129.97—129.100 apply Statewide to the owner and operator of a major VOC emitting facility that were in existence on or before July 20, 2012, for which a requirement or emission limitation, or both, has not been established in §§ 129.51—129.52c, 129.54—129.69, 129.71—129.73, 129.75, 129.77, 129.101—129.107 and 129.301—129.310.
(b) The NOx requirements of this section and §§ 129.97—129.100 apply Statewide to the owner and operator of a NOx emitting facility and the VOC requirements of this section and §§ 129.97—129.100 apply Statewide to the owner and operator of a VOC emitting facility when the installation of a new source or a modification or change in operation of an existing source after July 20, 2012, results in the source or facility meeting the definition of a major NOx emitting facility or a major VOC emitting facility and for which a requirement or an emission limitation, or both, has not been established in §§ 129.51—129.52c, 129.54—129.69, 129.71—129.73, 129.75, 129.77, 129.101—129.107 and 129.301—129.310.
(c) This section and §§ 129.97—129.100 do not apply to the owner and operator of a NOx air contamination source located at a major NOx emitting facility that has the potential to emit less than 1 TPY of NOx or a VOC air contamination source located at a major VOC emitting facility that has the potential to emit less than 1 TPY of VOC.
(d) This section and §§ 129.97—129.100 do not apply to the owner and operator of a facility which is not a major NOx emitting facility or a major VOC emitting facility on or before January 1, 2017.
§ 129.97. Presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule.
(a) The owner and operator of a source listed in one or more of subsections (b)—(h) located at a major NOx emitting facility or major VOC emitting facility subject to § 129.96 (relating to applicability) shall comply with the applicable presumptive RACT requirement or RACT emission limitation, or both, beginning with the specified compliance date as follows, unless an alternative compliance schedule is submitted and approved under subsections (k)—(m) or § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule):
(1) January 1, 2017, for a source subject to § 129.96(a).
(2) January 1, 2017, or 1 year after the date the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).
(b) The owner and operator of a source specified in this subsection, which is located at a major NOx emitting facility or major VOC emitting facility subject to § 129.96 shall comply with the following:
(1) The presumptive RACT requirement for a combustion unit with a rated heat input equal to or greater than 20 million Btu/hour and less than 50 million Btu/hour, which is the performance of a biennial tune-up conducted in accordance with the procedures in 40 CFR 63.11223 (relating to how do I demonstrate continuous compliance with the work practice and management practice standards). The biennial tune-up must include, at a minimum, the following:
(i) Inspection and cleaning or replacement of fuel-burning equipment, including the burners and components, as necessary, for proper operation as specified by the manufacturer.
(ii) Inspection of the flame pattern and adjustment of the burner, as necessary, to optimize the flame pattern to minimize total emissions of NOx and, to the extent possible, emissions of CO.
(iii) Inspection and adjustment, as necessary, of the air-to-fuel ratio control system to ensure proper calibration and operation as specified by the manufacturer.
(2) The owner or operator of a combustion unit with an oxygen trim system that maintains an optimum air-to-fuel ratio that would otherwise be subject to a biennial tune-up shall conduct a tune-up of the boiler one time in each 5-year calendar period. The tune-up must include, at a minimum, the following:
(i) Inspection and cleaning or replacement of fuel-burning equipment, including the burners and components, as necessary, for proper operation as specified by the manufacturer.
(ii) Inspection of the flame pattern and adjustment of the burner, as necessary, to optimize the flame pattern to minimize total emissions of NOx and, to the extent possible, emissions of CO.
(iii) Inspection and adjustment, as necessary, of the air-to-fuel ratio control system to ensure proper calibration and operation as specified by the manufacturer.
(3) The applicable recordkeeping requirements of § 129.100(d), (e) or (f) (relating to compliance demonstration and recordkeeping requirements).
(c) The owner and operator of a source specified in this subsection, which is located at a major NOx emitting facility or major VOC emitting facility subject to § 129.96 shall install, maintain and operate the source in accordance with the manufacturer's specifications and with good operating practices:
(1) A NOx air contamination source that has the potential to emit less than 5 TPY of NOx.
(2) A VOC air contamination source that has the potential to emit less than 2.7 TPY of VOC.
(3) A boiler or other combustion source with an individual rated gross heat input less than 20 million Btu/hour.
(4) A combustion turbine with a rated output less than 1,000 bhp.
(5) A stationary internal combustion engine rated at less than 500 bhp (gross).
(6) An incinerator, thermal oxidizer or catalytic oxidizer used primarily for air pollution control.
(7) A fuel-burning unit with an annual capacity factor of less than 5%.
(i) For a combustion unit, the annual capacity factor is the ratio of the unit's heat input (in million Btu or equivalent units of measure) to the unit's maximum rated hourly heat input rate (in million Btu/hour or equivalent units of measure) multiplied by 8,760 hours during a period of 12 consecutive calendar months.
(ii) For an electric generating unit, the annual capacity factor is the ratio of the unit's actual electric output (expressed in MWe/hr) to the unit's nameplate capacity (or maximum observed hourly gross load (in MWe/hr) if greater than the nameplate capacity) multiplied by 8,760 hours during a period of 12 consecutive calendar months.
(iii) For any other unit, the annual capacity factor is the ratio of the unit's actual operating level to the unit's potential operating level during a period of 12 consecutive calendar months.
(8) An emergency standby engine operating less than 500 hours in a 12-month rolling period.
(d) Except as specified under subsection (c), the owner and operator of a combustion unit or other combustion source located at a major VOC emitting facility subject to § 129.96 shall install, maintain and operate the source in accordance with the manufacturer's specifications and with good operating practices for the control of the VOC emissions from the combustion unit or other combustion source.
(e) The owner and operator of a municipal solid waste landfill subject to § 129.96 shall comply with the following applicable presumptive RACT requirement:
(1) For a municipal solid waste landfill constructed on or before May 30, 1991, emission guidelines and compliance times in 40 CFR Part 60, Subpart Cc (relating to emission guidelines and compliance times for municipal solid waste landfills), which are adopted and incorporated by reference in § 122.3 (relating to adoption of standards), and applicable Federal or state plans in 40 CFR Part 62 (relating to approval and promulgation of state plans for designated facilities and pollutants).
(2) For a municipal solid waste landfill constructed after May 30, 1991, New Source Performance Standards in 40 CFR Part 60, Subpart WWW (relating to standards of performance for municipal solid waste landfills), which are adopted and incorporated by reference in § 122.3.
(f) The owner and operator of a municipal waste combustor subject to § 129.96 shall comply with the presumptive RACT requirement of 180 ppmvd NOx @ 7% oxygen.
(g) Except as specified under subsection (c), the owner and operator of a NOx air contamination source specified in this subsection, which is located at a major NOx emitting facility or a VOC air contamination source specified in this subsection, which is located at a major VOC emitting facility subject to § 129.96 may not cause, allow or permit NOx or VOCs to be emitted from the air contamination source in excess of the applicable presumptive RACT emission limitation:
(1) A combustion unit or process heater:
(i) For a natural gas-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour, 0.10 lb NOx/million Btu heat input.
(ii) For a distillate oil-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour, 0.12 lb NOx/million Btu heat input.
(iii) For a residual oil-fired or other liquid fuel-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour, 0.20 lb NOx/million Btu heat input.
(iv) For a refinery gas-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour, 0.25 lb NOx/million Btu heat input.
(v) For a coal-fired combustion unit with a rated heat input equal to or greater than 50 million Btu/hour and less than 250 million Btu/hour, 0.45 lb NOx/million Btu heat input.
(vi) For a coal-fired combustion unit with a rated heat input equal to or greater than 250 million Btu/hour that is:
(A) A circulating fluidized bed combustion unit, 0.16 lb NOx/million Btu heat input.
(B) A tangentially fired combustion unit, 0.35 lb NOx/million Btu heat input.
(C) Any other type of coal-fired combustion unit, 0.40 lb NOx/million Btu heat input.
(vii) For any other type of solid fuel-fired combustion unit with a rated heat input equal to or greater than 50 million Btu/hour, 0.25 lb NOx/million Btu heat input.
(viii) For a coal-fired combustion unit with a selective catalytic reduction system operating with an inlet temperature equal to or greater than 600°F, 0.12 lb NOx/million Btu heat input. Compliance with this emission limit is also required when by-passing the selective catalytic reduction system.
(ix) For a coal-fired combustion unit with a selective noncatalytic reduction system, the selective noncatalytic reduction system shall be operated with the injection of reagents including ammonia or other NOx-reducing agents when the temperature at the area of the reagent injection is equal to or greater than 1,600°F.
(2) A combustion turbine:
(i) For a combined cycle or combined heat and power combustion turbine with a rated output equal to or greater than 1,000 bhp and less than 180 MW when firing:
(A) Natural gas or a noncommercial gaseous fuel, 42 ppmvd NOx @ 15% oxygen.
(B) Fuel oil, 96 ppmvd NOx @ 15% oxygen.
(C) Natural gas or a noncommercial gaseous fuel, 5 ppmvd VOC (as propane) @ 15% oxygen.
(D) Fuel oil, 9 ppmvd VOC (as propane) @ 15% oxygen.
(ii) For a combined cycle or combined heat and power combustion turbine with a rated output equal to or greater than 180 MW when firing:
(A) Natural gas or a noncommercial gaseous fuel, 4 ppmvd NOx @ 15% oxygen.
(B) Fuel oil, 8 ppmvd NOx @ 15% oxygen.
(C) Natural gas or a noncommercial gaseous fuel, 2 ppmvd VOC (as propane) @ 15% oxygen.
(D) Fuel oil, 2 ppmvd VOC (as propane) @ 15% oxygen.
(iii) For a simple cycle or regenerative cycle combustion turbine with a rated output equal to or greater than 1,000 bhp and less than 6,000 bhp when firing:
(A) Natural gas or a noncommercial gaseous fuel, 150 ppmvd NOx @ 15% oxygen.
(B) Fuel oil, 150 ppmvd NOx @ 15% oxygen.
(C) Natural gas or a noncommercial gaseous fuel, 9 ppmvd VOC (as propane) @ 15% oxygen.
(D) Fuel oil, 9 ppmvd VOC (as propane) @ 15% oxygen.
(iv) For a simple cycle or regenerative cycle combustion turbine with a rated output equal to or greater than 6,000 bhp when firing:
(A) Natural gas or a noncommercial gaseous fuel, 42 ppmvd NOx @ 15% oxygen.
(B) Fuel oil, 96 ppmvd NOx @ 15% oxygen.
(C) Natural gas or a noncommercial gaseous fuel, 9 ppmvd VOC (as propane) @ 15% oxygen.
(D) Fuel oil, 9 ppmvd VOC (as propane) @ 15% oxygen.
(3) A stationary internal combustion engine:
(i) For a lean burn stationary internal combustion engine with a rating equal to or greater than 500 bhp fired with:
(A) Natural gas or a noncommercial gaseous fuel, 3.0 grams NOx/bhp-hr.
(B) Natural gas or a noncommercial gaseous fuel, liquid fuel or dual-fuel, 1.0 gram VOC/bhp-hr excluding formaldehyde.
(ii) For a stationary internal combustion engine with a rating equal to or greater than 500 bhp fired with liquid fuel or dual-fuel, 8.0 grams NOx/bhp-hr.
(iii) For a rich burn stationary internal combustion engine with a rating equal to or greater than 500 bhp fired with:
(A) Natural gas or a noncommercial gaseous fuel, 2.0 grams NOx/bhp-hr.
(B) Natural gas or a noncommercial gaseous fuel, 1.0 gram VOC/bhp-hr.
(4) A unit firing multiple fuels:
(i) The applicable RACT multiple fuel emission limit shall be determined on a total heat input fuel weighted basis using the following equation:
Where:
EHIweighted = The heat input fuel weighted multiple fuel emission rate or emission limitation for the compliance period, expressed in units of measure consistent with the units of measure for the emission limitation.
Ei = The emission rate or emission limit for fuel i during the compliance period, expressed in units of measure consistent with the units of measure for the emission limitation.
HIi = The total heat input for fuel i during the compliance period.
n = The number of different fuels used during the compliance period.
(ii) A fuel representing less than 1% of the unit's annual fuel consumption on a heat input basis is excluded when determining the applicable RACT multiple fuel emission limit calculated in accordance with subparagraph (i).
(iii) The determination in subparagraph (i) does not apply to a stationary internal combustion engine that is subject to the RACT emission limits in paragraph (3).
(h) The owner and operator of a Portland cement kiln subject to § 129.96 shall comply with the following applicable presumptive RACT emission limitation:
(1) 3.88 pounds of NOx per ton of clinker produced for a long wet-process cement kiln as defined in § 145.142 (relating to definitions).
(2) 3.44 pounds of NOx per ton of clinker produced for a long dry-process cement kiln as defined in § 145.142.
(3) 2.36 pounds of NOx per ton of clinker produced for:
(i) A preheater cement kiln as defined in § 145.142.
(ii) A precalciner cement kiln as defined in § 145.142.
(i) The requirements and emission limitations of this section supersede the requirements and emission limitations of a RACT permit issued to the owner or operator of an air contamination source subject to one or more of subsections (b)—(h) prior to April 23, 2016, under §§ 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize NOx emissions or VOC emissions, or both, from the air contamination source unless the permit contains more stringent requirements or emission limitations, or both.
(j) The requirements and emission limitations of this section supersede the requirements and emission limitations of §§ 129.201—129.205, 145.111—145.113 and 145.141—145.146 (relating to additional NOx requirements; emissions of NOx from stationary internal combustion engines; and emissions of NOx from cement manufacturing) unless the requirements or emission limitations of §§ 129.201—129.205, §§ 145.111—145.113 or §§ 145.141—145.146 are more stringent.
(k) The owner or operator of a major NOx emitting facility or a major VOC emitting facility subject to § 129.96 that includes an air contamination source subject to one or more of subsections (b)—(h) that cannot meet the applicable presumptive RACT requirement or RACT emission limitation without installation of an air cleaning device may submit a petition, in writing, requesting an alternative compliance schedule in accordance with the following:
(1) The written petition shall be submitted to the Department or appropriate approved local air pollution control agency as soon as possible but not later than:
(i) October 24, 2016, for a source subject to § 129.96(a).
(ii) October 24, 2016, or 6 months after the date that the source meets the definition of a major NOx emitting facility, whichever is later, for a source subject to § 129.96(b).
(2) The written petition must include:
(i) A description, including make, model and location, of each affected source subject to a RACT requirement or a RACT emission limitation in one or more of subsections (b)—(h).
(ii) A description of the proposed air cleaning device to be installed.
(iii) A schedule containing proposed interim dates for completing each phase of the required work to install the air cleaning device described in subparagraph (ii).
(iv) A proposed interim emission limitation that will be imposed on the affected source until compliance is achieved with the applicable RACT requirement or RACT emission limitation.
(v) A proposed final compliance date that is as soon as possible but not later than 3 years after the written approval of the petition by the Department or the appropriate approved local air pollution control agency. The approved petition shall be incorporated in an applicable operating permit or plan approval.
(l) The Department or appropriate approved local air pollution control agency will review the timely and complete written petition requesting an alternative compliance schedule submitted in accordance with subsection (k) and approve or deny the petition in writing.
(m) Approval or denial under subsection (l) of the timely and complete petition for an alternative compliance schedule submitted under subsection (k) will be effective on the date the letter of approval or denial of the petition is signed by the authorized representative of the Department or appropriate approved local air pollution control agency.
§ 129.98. Facility-wide or system-wide NOx emissions averaging plan general requirements.
(a) The owner or operator of a major NOx emitting facility subject to § 129.96 (relating to applicability) that includes at least one air contamination source subject to a NOx RACT emission limitation in § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) that cannot meet the applicable NOx RACT emission limitation may elect to meet the applicable NOx RACT emission limitation in § 129.97 by averaging NOx emissions on either a facility-wide or system-wide basis using a 30-day rolling average. System-wide emissions averaging must be among sources under common control of the same owner or operator within the same ozone nonattainment area in this Commonwealth.
(b) The owner or operator of each facility that elects to comply with subsection (a) shall submit a written NOx emissions averaging plan to the Department or appropriate approved local air pollution control agency as part of an application for an operating permit modification or a plan approval, if otherwise required. The application incorporating the requirements of this section shall be submitted by the applicable date as follows:
(1) October 24, 2016, for a source subject to § 129.96(a).
(2) October 24, 2016, or 6 months after the date that the source meets the definition of a major NOx emitting facility, whichever is later, for a source subject to § 129.96(b).
(c) Each NOx air contamination source included in the application for an operating permit modification or a plan approval, if otherwise required, for averaging NOx emissions on either a facility-wide or system-wide basis using a 30-day rolling average submitted under subsection (b) must be an air contamination source subject to a NOx RACT emission limitation in § 129.97.
(d) The application for the operating permit modification or the plan approval, if otherwise required, for averaging NOx emissions on either a facility-wide or system-wide basis using a 30-day rolling average submitted under subsection (b) must demonstrate that the aggregate NOx emissions emitted by the air contamination sources included in the facility-wide or system-wide NOx emissions averaging plan using a 30-day rolling average are not greater than the NOx emissions that would be emitted by the group of included sources if each source complied with the applicable NOx RACT emission limitation in § 129.97 on a source-specific basis.
(e) The owner or operator shall calculate the alternative facility-wide or system-wide NOx RACT emissions limitation using a 30-day rolling average for the air contamination sources included in the application for the operating permit modification or plan approval, if otherwise required, submitted under subsection (b) by using the following equation to sum the emissions for all of the sources included in the NOx emissions averaging plan:
Where:
Eiactual = The actual NOx mass emissions, including emissions during start-ups, shutdowns and malfunctions, for air contamination source i on a 30-day rolling basis.
Eiallowable = The allowable NOx mass emissions computed using the allowable emission rate limitations for air contamination source i on a 30-day rolling basis specified in § 129.97. If an air contamination source included in an averaging plan is subject to a numerical emission rate limit that is more stringent than the applicable allowable emission rate limitation in § 129.97, then the numerical emission rate limit shall be used for the calculation of the allowable NOx mass emissions.
n = The number of air contamination sources included in the NOx emissions averaging plan.
(f) The application for the operating permit modification or a plan approval, if otherwise required, specified in subsections (b)—(e) may include facility-wide or system-wide NOx emissions averaging using a 30-day rolling average only for NOx emitting sources or NOx emitting facilities that are owned or operated by the applicant.
(g) The application for the operating permit modification or a plan approval, if otherwise required, specified in subsections (b)—(f) must include the following information:
(1) Identification of each air contamination source included in the NOx emissions averaging plan.
(2) Each air contamination source's applicable emission limitation in § 129.97.
(3) Methods for demonstrating compliance and recordkeeping and reporting requirements in accordance with § 129.100 (relating to compliance demonstration and recordkeeping requirements) for each source included in the NOx emissions averaging plan submitted under subsection (b).
(h) An air contamination source or facility included in the facility-wide or system-wide NOx emissions averaging plan submitted in accordance with subsections (b)—(g) may be included in only one facility-wide or system-wide NOx emissions averaging plan.
(i) The Department or appropriate approved local air pollution control agency will issue a modification to the operating permit or a plan approval authorizing the NOx emissions averaging plan.
(j) The owner or operator of an air contamination source or facility included in the facility-wide or system-wide NOx emissions averaging plan submitted in accordance with subsections (b)—(h) shall submit the reports and records specified in subsection (g)(3) to the Department or appropriate approved local air pollution control agency on the schedule specified in subsection (g)(3) to demonstrate compliance with § 129.100.
(k) The owner or operator of an air contamination source or facility included in a facility-wide or system-wide NOx emissions averaging plan submitted in accordance with subsections (b)—(h) that achieves emission reductions in accordance with other emission limitations required under the act or the Clean Air Act, or regulations adopted under the act or the Clean Air Act, that are not NOx RACT emission limitations may not substitute those emission reductions for the emission reductions required by the facility-wide or system-wide NOx emissions averaging plan submitted to the Department or appropriate approved local air pollution control agency under subsection (b).
(l) The owner or operator of an air contamination source subject to a NOx RACT emission limitation in § 129.97 that is not included in a facility-wide or system-wide NOx emissions averaging plan submitted under subsection (b) shall operate the source in compliance with the applicable NOx RACT emission limitation in § 129.97.
(m) The owner and operator of the air contamination sources included in a facility-wide or system-wide NOx emissions averaging plan submitted under subsection (b) shall be liable for a violation of an applicable NOx RACT emission limitation at each source included in the NOx emissions averaging plan.
§ 129.99. Alternative RACT proposal and petition for alternative compliance schedule.
(a) The owner or operator of an air contamination source subject to § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) located at a major NOx emitting facility or major VOC emitting facility subject to § 129.96 (relating to applicability) that cannot meet the applicable presumptive RACT requirement or RACT emission limitation of § 129.97 may propose an alternative RACT requirement or RACT emission limitation in accordance with subsection (d).
(b) The owner or operator of a NOx air contamination source with a potential emission rate equal to or greater than 5.0 tons of NOx per year that is not subject to § 129.97 or §§ 129.201—129.205 (relating to additional NOx requirements) located at a major NOx emitting facility subject to § 129.96 shall propose a NOx RACT requirement or RACT emission limitation in accordance with subsection (d).
(c) The owner or operator of a VOC air contamination source with a potential emission rate equal to or greater than 2.7 tons of VOC per year that is not subject to § 129.97 located at a major VOC emitting facility subject to § 129.96 shall propose a VOC RACT requirement or RACT emission limitation in accordance with subsection (d).
(d) The owner or operator proposing an alternative RACT requirement or RACT emission limitation under subsection (a), (b) or (c) shall:
(1) Submit a written RACT proposal in accordance with the procedures in § 129.92(a)(1)—(5), (7)—(10) and (b) (relating to RACT proposal requirements) to the Department or appropriate approved local air pollution control agency as soon as possible but not later than:
(i) October 24, 2016, for a source subject to § 129.96(a).
(ii) October 24, 2016, or 6 months after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).
(2) Be in receipt of an approval issued by the Department or appropriate approved local air pollution control agency in writing through a plan approval or operating permit modification for a RACT proposal submitted under paragraph (1)(ii) prior to the installation, modification or change in the operation of the existing air contamination source that will result in the source or facility meeting the definition of a major NOx emitting facility or major VOC emitting facility.
(3) Include in the RACT proposal the proposed alternative NOx RACT requirement or RACT emission limitation or VOC RACT requirement or RACT emission limitation developed in accordance with the procedures in § 129.92(a)(1)—(5) and (b).
(4) Include in the RACT proposal a schedule for completing implementation of the RACT requirement or RACT emission limitation as soon as possible but not later than:
(i) January 1, 2017, for a source subject to § 129.96(a).
(ii) January 1, 2017, or 1 year after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).
(5) Include interim dates in the schedule required under paragraph (4) for the:
(i) Issuance of purchase orders.
(ii) Start and completion of process, technology and control technology changes.
(iii) Completion of compliance testing.
(6) Include in the RACT proposal methods for demonstrating compliance and recordkeeping and reporting requirements in accordance with § 129.100 (relating to compliance demonstration and recordkeeping requirements) for each air contamination source included in the RACT proposal.
(7) Demonstrate to the satisfaction of the Department or the appropriate approved local air pollution control agency that the proposed requirement or RACT emission limitation is RACT for the air contamination source.
(e) The Department or appropriate approved local air pollution control agency will:
(1) Review the timely and complete alternative RACT proposal submitted in accordance with subsection (d).
(2) Approve the alternative RACT proposal submitted under subsection (d), in writing, if the Department or appropriate approved local air pollution control agency is satisfied that the alternative RACT proposal complies with the requirements of subsection (d) and that the proposed alternative requirement or RACT emission limitation is RACT for the air contamination source.
(3) Deny or modify the alternative RACT proposal submitted under subsection (d), in writing, if the proposal does not comply with the requirements of subsection (d).
(f) The proposed alternative RACT requirement or RACT emission limitation and the implementation schedule submitted under subsection (d) will be approved, denied or modified by the Department or appropriate approved local air pollution control agency in accordance with subsection (e) in writing through the issuance of a plan approval or operating permit modification prior to the owner or operator implementing the alternative RACT requirement or RACT emission limitation.
(g) The emission limit and requirements specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (f) supersede the emission limit and requirements in the existing plan approval or operating permit issued to the owner or operator of the source prior to April 23, 2016, on the date specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (f), except to the extent the existing plan approval or operating permit contains more stringent requirements.
(h) The Department will submit each alternative RACT requirement or RACT emission limitation approved under subsection (f) to the Administrator of the EPA for approval as a revision to the SIP. The owner and operator of the facility shall bear the costs of public hearings and notifications, including newspaper notices, required for the SIP submittal.
(i) The owner and operator of a facility proposing to comply with the applicable RACT requirement or RACT emission limitation under subsection (a), (b) or (c) through the installation of an air cleaning device may submit a petition, in writing, requesting an alternative compliance schedule in accordance with the following:
(1) The written petition requesting an alternative compliance schedule shall be submitted to the Department or appropriate approved local air pollution control agency as soon as possible but not later than:
(i) October 24, 2016, for a source subject to § 129.96(a).
(ii) October 24, 2016, or 6 months after the date that the source meets the definition of a major NOx emitting facility, whichever is later, for a source subject to § 129.96(b).
(2) The written petition must include:
(i) A description, including make, model and location, of each air contamination source subject to a RACT requirement or RACT emission limitation in one or more of subsections (a)—(c).
(ii) A description of the proposed air cleaning device to be installed.
(iii) A schedule containing proposed interim dates for completing each phase of the required work to install the air cleaning device described in subparagraph (ii).
(iv) A proposed interim emission limitation that will be imposed on the affected air contamination source until compliance is achieved with the applicable RACT requirement or RACT emission limitation.
(v) A proposed final compliance date that is as soon as possible but not later than 3 years after the approval of the petition by the Department or the appropriate approved local air pollution control agency. If the petition is for the replacement of an existing source, the final compliance date will be determined on a case-by-case basis. The approved petition shall be incorporated in an applicable operating permit or plan approval.
(j) The Department or appropriate approved local air pollution control agency will review the timely and complete written petition requesting an alternative compliance schedule submitted in accordance with subsection (i) and approve or deny the petition in writing.
(k) The emission limit and requirements specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (j) supersede the emission limit and requirements in the existing plan approval or operating permit issued to the owner or operator of the source prior to April 23, 2016, on the date specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (j), except to the extent the existing plan approval or operating permit contains more stringent requirements.
(l) Approval or denial under subsection (j) of the timely and complete petition for an alternative compliance schedule submitted under subsection (i) will be effective on the date the letter of approval or denial of the petition is signed by the authorized representative of the Department or appropriate approved local air pollution control agency.
§ 129.100. Compliance demonstration and recordkeeping requirements.
(a) Except as provided in subsection (c), the owner and operator of an air contamination source subject to a NOx requirement or RACT emission limitation or VOC requirement or RACT emission limitation, or both, listed in § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) shall demonstrate compliance with the applicable RACT requirement or RACT emission limitation by performing the following monitoring or testing procedures:
(1) For an air contamination source with a CEMS, monitoring and testing in accordance with the requirements of Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sources) using a 30-day rolling average, except municipal waste combustors.
(i) A 30-day rolling average emission rate for an air contamination source that is a combustion unit shall be expressed in pounds per million Btu and calculated in accordance with the following procedure:
(A) Sum the total pounds of pollutant emitted from the combustion unit for the current operating day and the previous 29 operating days.
(B) Sum the total heat input to the combustion unit in million Btu for the current operating day and the previous 29 operating days.
(C) Divide the total number of pounds of pollutant emitted by the combustion unit for the 30 operating days by the total heat input to the combustion unit for the 30 operating days.
(ii) A 30-day rolling average emission rate for each applicable RACT emission limitation shall be calculated for an affected air contamination source for each consecutive operating day.
(iii) Each 30-day rolling average emission rate for an affected air contamination source must include the emissions that occur during the entire operating day, including emissions from start-ups, shutdowns and malfunctions.
(2) For a Portland cement kiln with a CEMS, monitoring of clinker production rates in accordance with 40 CFR 63.1350(d) (relating to monitoring requirements).
(3) For a municipal waste combustor with a CEMS, monitoring and testing in accordance with the requirements in Chapter 139, Subchapter C, using a daily average.
(4) For an air contamination source without a CEMS, monitoring and testing in accordance with a Department-approved emissions source test that meets the requirements of Chapter 139, Subchapter A (relating to sampling and testing methods and procedures). The source test shall be conducted one time in each 5-year calendar period.
(b) Except as provided in § 129.97(k) and § 129.99(i) (relating to alternative RACT proposal and petition for alternative compliance schedule), the owner and operator of an air contamination source subject to subsection (a) shall demonstrate compliance with the applicable RACT requirement or RACT emission limitation in accordance with the procedures in subsection (a) not later than:
(1) January 1, 2017, for a source subject to § 129.96(a) (relating to applicability).
(2) January 1, 2017, or 1 year after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).
(c) An owner or operator of an air contamination source subject to this section, §§ 129.96 and 129.97 and § 129.98 (relating to facility-wide or system-wide NOx emissions averaging plan general requirements) may request a waiver from the requirement to demonstrate compliance with the applicable emission limitation listed in § 129.97 if the following requirements are met:
(1) The request for a waiver is submitted, in writing, to the Department not later than:
(i) October 24, 2016, for a source subject to § 129.96(a).
(ii) October 24, 2016, or 6 months after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).
(2) The request for a waiver demonstrates that a Department-approved emissions source test was performed in accordance with the requirements of Chapter 139, Subchapter A, on or after:
(i) April 23, 2015, for a source subject to § 129.96(a).
(ii) April 23, 2015, or within 12 months prior to the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).
(3) The request for a waiver demonstrates to the satisfaction of the Department that the test results show that the source's rate of emissions is in compliance with the source's applicable NOx emission limitation or VOC emission limitation.
(4) The Department approves, in writing, the request for a waiver.
(d) The owner and operator of an air contamination source subject to this section and §§ 129.96—129.99 shall keep records to demonstrate compliance with §§ 129.96—129.99 in the following manner:
(1) The records must include sufficient data and calculations to demonstrate that the requirements of §§ 129.96—129.99 are met.
(2) Data or information required to determine compliance shall be recorded and maintained in a time frame consistent with the averaging period of the requirement.
(e) Beginning with the compliance date specified in § 129.97(a), the owner or operator of an air contamination source claiming that the air contamination source is exempt from the applicable NOx emission rate threshold specified in § 129.99(b) and the requirements of § 129.97 based on the air contamination source's potential to emit shall maintain records that demonstrate to the Department or appropriate approved local air pollution control agency that the air contamination source is not subject to the specified emission rate threshold.
(f) Beginning with the compliance date specified in § 129.97(a), the owner or operator of an air contamination source claiming that the air contamination source is exempt from the applicable VOC emission rate threshold specified in § 129.99(c) and the requirements of § 129.97 based on the air contamination source's potential to emit shall maintain records that demonstrate to the Department or appropriate approved local air pollution control agency that the air contamination source is not subject to the specified emission rate threshold.
(g) The owner or operator of a combustion unit subject to § 129.97(b) shall record each adjustment conducted under the procedures in § 129.97(b). This record must contain, at a minimum:
(1) The date of the tuning procedure.
(2) The name of the service company and the technician performing the procedure.
(3) The final operating rate or load.
(4) The final NOx and CO emission rates.
(5) The final excess oxygen rate.
(6) Other information required by the applicable operating permit.
(h) The owner or operator of a Portland cement kiln subject to § 129.97(h) shall maintain a daily operating log for each Portland cement kiln. The record for each kiln must include:
(1) The total hours of operation.
(2) The type and quantity of fuel used.
(3) The quantity of clinker produced.
(4) The date, time and duration of a start-up, shutdown or malfunction of a Portland cement kiln or emissions monitoring system.
(i) The records shall be retained by the owner or operator for 5 years and made available to the Department or appropriate approved local air pollution control agency upon receipt of a written request from the Department or appropriate approved local air pollution control agency.
[Pa.B. Doc. No. 16-694. Filed for public inspection April 22, 2016, 9:00 a.m.]
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