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PA Bulletin, Doc. No. 99-2085

RULES AND REGULATIONS

Title 25--ENVIRONMENTAL PROTECTION

DEPARTMENT OF ENVIRONMENTAL PROTECTION

[25 PA. CODE CH. 121]

Corrective Amendment to 25 Pa. Code § 121.1

[29 Pa.B. 6241]

   The Department of Environmental Protection (Department) has discovered a discrepancy between the agency text of 25 Pa. Code § 121.1 (relating to definitions) as deposited with the Legislative Reference Bureau and as published at 29 Pa.B. 1879 (April 10, 1999) and in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 295) and as currently appearing in the Pennsylvania Code. The definition of ''minor operating permit modification'' was inadvertently omitted.

   Therefore, under 45 Pa.C.S. § 901: The Department of Environmental Protection has deposited with the Legislative Reference Bureau a corrective amendment to 25 Pa. Code § 121.1. The corrective amendment to 25 Pa. Code § 121.1 is effective as of April 10, 1999, the date the defective text was printed in the Pennsylvania Bulletin.

   The correct version of 25 Pa. Code § 121.1 appears in Annex A, with ellipses referring to the existing text of the regulation.

JAMES M. SEIF,   
Secretary

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:

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   Metalized epoxy coating--A coating applied to aerospace vehicles or components that contains relatively large quantities of metallic pigmentation for appearance or added protection, or both.

   Minor operating permit modification--A change to incorporate de minimis conditions and other insignificant physical changes to a source or applicable requirements into an existing permit or a change that does not require plan approval but which contravenes an express permit term. The term does not include the following:

   (i)  A change to permit terms or conditions that the source is violating.

   (ii)  A change to existing monitoring, reporting or recordkeeping requirements in the permit except as follows:

   (A)  A change in the enforceable operating level of the method that, prior to the source's submission of a minor permit revision application, the Department has affirmatively determined the source has demonstrated to be correlated to the source's existing or proposed compliance emissions rate. The changes may not involve a switch to a new or alternative monitoring or recordkeeping operating parameter.

   (B)  A change to a monitoring or recordkeeping method that affects the measurement sensitivity of the method and representativeness of the data (for example, precision, accuracy, measurement location or averaging time), so that there may be a measurable effect in relation to the relevant source compliance emissions rate; a change that affects the scope and intent of the existing monitoring method (for example, modified sample conditioning system, upgraded detector, upgraded data management system); or changes that may be generally applicable to similar monitoring methods in the same or other source categories (for example, equipment modification for interference avoidance). The changes may not involve a switch to new or alternative monitoring methods. Prior to the source's submission of a minor permit revision application, the Department must have affirmatively determined that the monitoring or recordkeeping change has been demonstrated by the source to have a known relationship and ability to determine compliance with the applicable source compliance emissions rate.

   (iii)  A change that is a modification under Title I of the Clean Air Act.

   (iv)  A change subject to Title IV of the Clean Air Act.

   (v)  A change that exceeds the emissions allowable under the permit, whether expressed as a rate of emissions or in terms of total emissions.

   (vi)  Any other change precluded by the Clean Air Act or the regulations adopted thereunder as being eligible for processing as a minor permit modification.

   Miscellaneous metal parts and products--Items made of ferrous or nonferrous metals, including, but not limited to, large farm machinery, small farm machinery, small appliances, commercial and industrial machinery, fabricated metal products and items listed under the Standard Industrial Classification Code 3300 through 3900. The term does not include cans, coils, automobiles, light duty trucks, metal furniture, magnet wire, large appliances, aerospace vehicles or components and automobile refinishing and customized top coating of automobiles and trucks, if production since January 1, 1987, has not exceeded 34 vehicles per day.

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[Pa.B. Doc. No. 99-2085. Filed for public inspection December 10, 1999, 9:00 a.m.]


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