Pennsylvania Code & Bulletin

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 00-180


Plan Approval and Operating Permit Exemptions

[30 Pa.B. 583]

   Under 25 Pa. Code § 127.14, the Department of Environmental Protection (Department) may determine sources or classes of sources to be exempt from the plan approval and permitting requirements of 25 Pa. Code Chapter 127. A listing of these exemptions was last published in the Pennsylvania Bulletin at 29 Pa.B. 2078, April 17, 1999. Notice is hereby given that, in accordance with § 127.14(d), the listing of these determinations is being revised and is available for public comment. After a 30-day comment period, the revised plan approval and operating permit exemption listings will be published in final- form in the Pennsylvania Bulletin. Comments received by facsimile will not be accepted. Comments may be submitted electronically by e-mail to lesher.douglas@

   The following addition is proposed for the Plan Approval Exemption List as published in the Pennsylvania Bulletin on (April 17, 1999):

Mobile equipment repair and refinishing facilities

   Final-form regulations for mobile equipment repair and refinishing facilities became effective at 29 Pa.B. 6003 (November 27, 1999). These regulations establish limitations for VOC content of finishes, along with equipment specifications and work practice recommendations. The final rulemaking deleted the proposed permitting requirement because it was determined not to be a cost-effective way to implement the program. Alternatively, these regulations will be implemented through an educational outreach campaign and traditional enforcement measures.

Revisions to Exemption Criteria
for Operating Permits

   Proposed revisions to the plan approval and operating permit exemption listings provide an exemption from the operating permit requirement for residential wood stoves, asbestos demolition/renovation sites, mobile equipment repair and refinishing facilities, and retail gasoline stations. Revisions shown in the following italicize proposed additions and bracket text proposed for deletion.

Exemption Criteria for Operating Permits

   A Title V operating permit is needed by all facilities which have the potential to emit (PTE) exceeding the levels described in the definition of ''Title V facility.'' A state-only operating permit is needed for facilities which do not have a PTE which exceeds the Title V facility thresholds, but which has actual emissions equal to or exceeding the facility levels summarized below. An existing facility which does not have a PTE exceeding the Title V facility thresholds and which does not have actual emissions exceeding the levels shown, is exempt from the requirement to obtain an operating permit.

State-Only Operating Permit Facility Exemptions

Pollutant PTE< Actual Emission Rate<
CO 100 TPY 20 TPY
NOx 100 TPY* 10 TPY
SOx 100 TPY 8 TPY
PM10 100 TPY 3 TPY
VOCs 50 TPY* 8 TPY
Single HAP 10 TPY 1 TPY
Multiple HAPs 25 TPY 2.5 TPY

*25 TPY for Severe Ozone NA areas including Bucks, Chester, Delaware, Montgomery and Philadelphia counties.

   Sources listed in the plan approval exemption list should be included in an operating permit application unless it is also included in the trivial activities list.

   [At present there are only two permanently exempted source categories. These categories include residential wood stoves and asbestos demolition/renovation sites. [Ref. Section 127.504(d)].]

Exempted Facility and Source Categories
for Operating Permits

   Unless preclude by the Clean Air Act, or the regulations thereunder, the following facilities and source categories are exempted from the operating permit requirements of 25 Pa. Code § 127.402.

   1.  Residential wood stoves.

   2.  Asbestos demolition/renovation sites.

   3.  Mobile equipment repair and refinishing facilities.

   4.  Retail gasoline stations.

*      *      *      *      *

   In addition, revisions to the exemption listings extend the deferral date for area sources subject to the National Emission Standards for Hazardous Air Pollutants until December 9, 2004. This deferral date is consistent with the extension granted by the U. S. Environmental Protection Agency on December 14, 1999. (See 64 FR 69637)

   Copies of the proposed revisions to the Plan Approval and Operating Permit Exemptions List may be obtained by contacting Kimberly Maneval, Division of Permits, Bureau of Air Quality, 12th Floor Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-4325. TDD users may telephone the Department through the AT&T Relay Service, (800) 654-5984. Internet users can access a copy of the general permit at http:\\ Choose Public Participation, Proposals Open for Comment, Draft--Other Proposals, Plan Approval and Operating Permit Exemptions.


[Pa.B. Doc. No. 00-180. Filed for public inspection January 28, 2000, 9:00 a.m.]

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.