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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

25 Pa. Code § 129.111. Applicability.

ADDITIONAL RACT REQUIREMENTS FOR MAJOR SOURCES OF NOx AND VOCs FOR THE 2015 OZONE NAAQS


§ 129.111. Applicability.

 (a)  Except as specified in subsection (c), the NOx requirements of this section and § §  129.112—129.115 apply Statewide to the owner and operator of a major NOx emitting facility that commenced operation on or before August 3, 2018, and the VOC requirements of this section and § §  129.112—129.115 apply Statewide to the owner and operator of a major VOC emitting facility that commenced operation on or before August 3, 2018, for which a requirement or emission limitation, or both, has not been established in § §  129.51, 129.52(a)—(k) and Table I categories 1—11, 129.52a—129.52e, 129.54—129.63a, 129.64—129.69, 129.71—129.75, 129.77 and 129.101—129.107. The owner or operator shall identify and list the sources and facilities subject to this subsection in the written notification required under §  129.115(a) (relating to written notification, compliance demonstration and recordkeeping and reporting requirements) as follows:

   (1)  The sources and facilities that commenced operation on or before August 3, 2018, for which a requirement or emission limitation has not been established in § §  129.51, 129.52(a)—(k) and Table I categories 1—11, 129.52a—129.52e, 129.54—129.63a, 129.64—129.69, 129.71—129.75, 129.77 and 129.101—129.107.

   (2)  The sources and facilities that commenced operation on or before August 3, 2018, and are subject to § §  129.51, 129.52(a)—(k) and Table I categories 1—11, 129.52a—129.52e, 129.54—129.63a, 129.64—129.69, 129.71—129.75, 129.77 and 129.101—129.107.

 (b)  Except as specified in subsection (c), the NOx requirements of this section and § §  129.112—129.115 apply Statewide to the owner and operator of a NOx emitting facility that commenced operation on or before August 3, 2018, and the VOC requirements of this section and § §  129.112—129.115 apply Statewide to the owner and operator of a VOC emitting facility that commenced operation on or before August 3, 2018, when the installation and operation of a new source after August 3, 2018, or a modification or change in operation after August 3, 2018, of a source that commenced operation on or before August 3, 2018, 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, 129.52(a)—(k) and Table I categories 1—11, 129.52a—129.52e, 129.54—129.63a, 129.64—129.69, 129.71—129.75, 129.77 and 129.101—129.107. The owner or operator shall identify and list the sources and facilities subject to this subsection in the written notification required under §  129.115(a) as follows:

   (1)  The sources and facilities for which a requirement or emission limitation has not been established in § §  129.51, 129.52(a)—(k) and Table I categories 1—11, 129.52a—129.52e, 129.54—129.63a, 129.64—129.69, 129.71—129.75, 129.77 and 129.101—129.107.

   (2)  The sources and facilities subject to § §  129.51, 129.52(a)—(k) and Table I categories 1—11, 129.52a— 129.52e, 129.54—129.63a, 129.64—129.69, 129.71—129.75, 129.77 and 129.101—129.107.

 (c)  Sections 129.112—129.114 do not apply to the owner and operator of a NOx air contamination source that has the potential to emit less than 1 TPY of NOx located at a major NOx emitting facility subject to subsection (a) or (b) or a VOC air contamination source that has the potential to emit less than 1 TPY of VOC located at a major VOC emitting facility subject to subsection (a) or (b). The owner or operator shall identify and list these sources in the written notification required under §  129.115(a).

 (d)  Except as specified in subsection (e), this section and § §  129.112—129.115 do not apply to the owner and operator of a facility that commenced operation on or before August 3, 2018, that is not a major NOx emitting facility or a major VOC emitting facility on or before December 31, 2022.

 (e)  If the owner and operator of a facility that complied with subsection (d) meets the definition of a major NOx emitting facility or a major VOC emitting facility after December 31, 2022, then the owner and operator shall comply with subsection (b).

Authority

   The provisions of this §  129.111 added under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § §  4005(a)(1) and (8)).

Source

   The provisions of this §  129.111 added November 11, 2022, effective November 12, 2022, 52 Pa.B. 6960.

Cross References

   This section cited in 25 Pa. Code §  121.1 (relating to definitions); 25 Pa. Code §  129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code §  129.113 (relating to facility-wide or system-wide Nox emissions averaging plan general requirements); 25 Pa. Code §  129.114 (relating to alternative RACT proposal and petition for alternative compliance schedule); and 25 Pa. Code §  129.115 (relating to written notification, compliance demonstration and recordkeeping and reporting requirements).


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