§ 129.114. Alternative RACT proposal and petition for alternative compliance schedule.
(a) The owner or operator of an air contamination source subject to § 129.112 (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 § 129.111 (relating to applicability) that cannot meet the applicable presumptive RACT requirement or RACT emission limitation of § 129.112 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 § 129.112 or § § 129.201—129.205 (relating to additional NOx requirements) located at a major NOx emitting facility subject to § 129.111 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 § 129.112 located at a major VOC emitting facility subject to § 129.111 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 RACT proposal in writing or electronically 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) December 31, 2022, for a source subject to § 129.111(a).
(ii) December 31, 2022, 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 § 129.111(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) November 12, 2023, for a source subject to § 129.111(a).
(ii) November 12, 2023, 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 § 129.111(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 § 129.115 (relating to written notification, compliance demonstration and recordkeeping and reporting 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 under subsection (e) by the Department or appropriate approved local air pollution control agency in accordance with Chapter 127 (relating to construction, modification, reactivation and operation of sources) 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 November 12, 2022, 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) An owner or operator subject to subsection (a), (b) or (c) and § 129.99 that has not modified or changed a source that commenced operation on or before October 24, 2016, and has not installed and commenced operation of a new source after October 24, 2016, may, in place of the alternative RACT requirement or RACT emission limitation required under subsection (d), submit an analysis, certified by the responsible official, in writing or electronically to the Department or appropriate approved local air pollution control agency on or before December 31, 2022, that demonstrates that compliance with the alternative RACT requirement or RACT emission limitation approved by the Department or appropriate approved local air pollution control agency under § 129.99(e) (relating to alternative RACT proposal and petition for alternative compliance schedule) assures compliance with the provisions in subsections (a)—(c) and (e)—(h), except for sources subject to § 129.112(c)(11) or (i)—(k).
(1) The owner or operator of a subject source or facility that evaluates and determines that there is no new pollutant specific air cleaning device, air pollution control technology or technique available at the time of submittal of the analysis and that each technically feasible air cleaning device, air pollution control technology or technique evaluated for the alternative RACT requirement or RACT emission limitation approved by the Department or appropriate approved local air pollution control agency under § 129.99(e) had a cost effectiveness:
(i) Equal to or greater than $7,500 per ton of NOx emissions reduced or $12,000 per ton of VOC emissions reduced shall include the following information in the analysis:
(A) A statement that explains how the owner or operator determined that there is no new pollutant specific air cleaning device, air pollution control technology or technique available.
(B) A list of the technically feasible air cleaning devices, air pollution control technologies or techniques previously identified and evaluated under § 129.92(b)(1)—(3) included in the written RACT proposal submitted under § 129.99(d) and approved by the Department or appropriate approved local air pollution control agency under § 129.99(e).
(C) A summary of the economic feasibility analysis performed for each technically feasible air cleaning device, air pollution control technology or technique listed in clause (B) and the cost effectiveness of each technically feasible air cleaning device, air pollution control technology or technique as submitted previously under § 129.99(d) or as calculated consistent with the ‘‘EPA Air Pollution Control Cost Manual’’ (6th Edition), EPA/452/B-02-001, January 2002, as amended.
(D) A statement that an evaluation of each economic feasibility analysis summarized in clause (C) demonstrates that the cost effectiveness remains equal to or greater than $7,500 per ton of NOx emissions reduced or $12,000 per ton of VOC emissions reduced.
(E) Additional information requested by the Department or appropriate approved local air pollution control agency that may be necessary for the evaluation of the analysis.
(ii) Less than $7,500 per ton of NOX emissions reduced or $12,000 per ton of VOC emissions reduced shall include the following information in the analysis:
(A) A statement that explains how the owner or operator determined that there is no new pollutant specific air cleaning device, air pollution control technology or technique available.
(B) A list of the technically feasible air cleaning devices, air pollution control technologies or techniques previously identified and evaluated under § 129.92(b)(1)—(3) in the written RACT proposal submitted under § 129.99(d) and approved by the Department or appropriate approved local air pollution control agency under § 129.99(e).
(C) A summary of the economic feasibility analysis performed for each technically feasible air cleaning device, air pollution control technology or technique listed in clause (B) and the cost effectiveness of each technically feasible air cleaning device, air pollution control technology or technique as submitted previously under § 129.99(d) or as calculated consistent with the ‘‘EPA Air Pollution Control Cost Manual’’ (6th Edition), EPA/452/B-02-001, January 2002, as amended.
(D) A statement that an evaluation of each economic feasibility analysis summarized in clause (C) demonstrates that the cost effectiveness remains less than $7,500 per ton of NOx emissions reduced or $12,000 per ton of VOC emissions reduced.
(E) A new economic feasibility analysis for each technically feasible air cleaning device, air pollution control technology or technique listed in clause (B) in accordance with § 129.92(b)(4).
(F) Additional information requested by the Department or appropriate approved local air pollution control agency that may be necessary for the evaluation of the analysis.
(2) The owner or operator of a subject source or facility that evaluates and determines that there is a new or upgraded pollutant specific air cleaning device, air pollution control technology or technique available at the time of submittal of the analysis shall:
(i) Perform a technical feasibility analysis and an economic feasibility analysis in accordance with § 129.92(b).
(ii) Submit the analyses performed under subparagraph (i) to the Department or appropriate approved local air pollution control agency for review.
(iii) Provide additional information requested by the Department or appropriate approved local air pollution control agency that may be necessary for the evaluation of the analysis.
(j) The Department or appropriate approved local air pollution control agency will:
(1) Review the analyses submitted in accordance with subsection (i).
(2) Publish notice in the Pennsylvania Bulletin and newspapers of general circulation for a minimum 30-day public comment period and an opportunity for a public hearing for the analyses submitted under subsection (i) and supporting documentation.
(3) Prepare a summary of the public comments received on the analyses and responses to the comments.
(4) As appropriate, issue the necessary plan approvals and operating permit modifications in conformance with Chapter 127 for the analyses reviewed under paragraph (1).
(k) The Department will submit the following information to the Administrator of the EPA for approval as a revision to the Commonwealth’s SIP.
(1) The analyses, supporting documentation and summary of public comments and responses described in subsection (j)(2) and (3).
(2) The plan approvals and operating permit modifications issued under subsection (j)(4).
(l) 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 or electronically, requesting an alternative compliance schedule in accordance with the following:
(1) The 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) December 31, 2022, for a source subject to § 129.111(a).
(ii) December 31, 2022, 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 § 129.111(b).
(2) The 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.
(m) The Department or appropriate approved local air pollution control agency will review the timely and complete petition requesting an alternative compliance schedule submitted in accordance with subsection (l) and approve or deny the petition in writing.
(n) 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 (m) 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 November 12, 2022, 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 (m), except to the extent the existing plan approval or operating permit contains more stringent requirements.
(o) Approval or denial under subsection (m) of the timely and complete petition for an alternative compliance schedule submitted under subsection (l) 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.
(p) The Department will submit each petition for an alternative compliance schedule approved under subsection (m) to the Administrator of the EPA for approval as a revision to the Commonwealth’s 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.
Authority The provisions of this § 129.114 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 § 129.114 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 § 129.111 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.115 (relating to written notification, compliance demonstration and recordkeeping and reporting requirements).
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