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PA Bulletin, Doc. No. 00-167

RULES AND REGULATIONS

Title 25--ENVIRONMENTAL PROTECTION

DEPARTMENT OF ENVIRONMENTAL PROTECTION

[25 PA. CODE CH. 139]

Corrective Amendment to 25 Pa. Code § 139.101(12)(ii)

[30 Pa.B. 533]

   The Department of Environmental Protection (Department) has discovered a discrepancy between the agency text of 25 Pa. Code § 139.101(12)(ii) (relating to general requirements) as deposited with the Legislative Reference Bureau and published at 27 Pa.B. 6804 (December 27, 1997) and the official text as published in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 280) and as currently appearing in the Pennsylvania Code. The amendment adopted at 27 Pa.B. 6804 was never codified.

   Therefore, under 45 Pa.C.S. § 901: the Department has deposited with the Legislative Reference Bureau a corrective amendment to 25 Pa. Code § 139.101(12)(ii). The corrective amendment to 25 Pa. Code § 139.101(12)(ii) is effective as of March 7, 1998, the date the defective official text was announced in the Pennsylvania Bulletin.

   The correct version of 25 Pa. Code § 139.101(12)(ii) appears in Annex A, with ellipses referring to the existing text of the regulation.

ANNEX A

TITLE 25.   ENVIRONMENTAL PROTECTION

PART I.  DEPARTMENT OF ENVIRONMENTAL PROTECTION

Subpart C.  PROTECTION OF NATURAL RESOURCES

ARTICLE III.  AIR RESOURCES

CHAPTER 139.  SAMPLING AND TESTING

Subchapter C.  REQUIREMENTS FOR SOURCE MONITORING FOR STATIONARY SOURCES

§ 139.101.  General requirements.

   This section applies to monitoring systems as defined in the manual referenced in § 139.102(3) (relating to references), installations required or approved under Chapters 122, 124, 127 and 129 or in an order issued under section 4 of the act (35 P. S. § 4004).

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   (12)  Required monitoring shall meet at least one of the following minimum data availability requirements unless other data availability requirements are stipulated elsewhere in this title, in a plan approval or permit condition under Chapter 127 (relating to construction, modification, reactivation and operation of sources), or in an order issued under section 4 of the act. For purposes of calculating data availability, ''process down'' time, as specified in the manual referenced in § 139.102(3), shall be considered valid time.

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   (ii)  In each calendar quarter, at least 95% of the hours shall be valid as set forth in the quality assurance section of the manual referenced in § 139.102(3).

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[Pa.B. Doc. No. 00-167. Filed for public inspection January 28, 2000, 9:00 a.m.]


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