§ 129.100. Compliance demonstration and recordkeeping requirements.
(a) Except as provided in subsection (c), the owner and operator of an air contamination source subject to a NOx RACT requirement or RACT emission limitation or VOC RACT requirement or RACT emission limitation, or both, listed in § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) shall demonstrate compliance with the applicable RACT requirement or RACT emission limitation by performing the following monitoring or testing procedures:
(1) For an air contamination source with a CEMS, monitoring and testing in accordance with the requirements of Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sources) using a 30-day rolling average, except municipal waste combustors.
(i) A 30-day rolling average emission rate for an air contamination source that is a combustion unit shall be expressed in pounds per million Btu and calculated in accordance with the following procedure:
(A) Sum the total pounds of pollutant emitted from the combustion unit for the current operating day and the previous 29 operating days.
(B) Sum the total heat input to the combustion unit in million Btu for the current operating day and the previous 29 operating days.
(C) Divide the total number of pounds of pollutant emitted by the combustion unit for the 30 operating days by the total heat input to the combustion unit for the 30 operating days.
(ii) A 30-day rolling average emission rate for each applicable RACT emission limitation shall be calculated for an affected air contamination source for each consecutive operating day.
(iii) Each 30-day rolling average emission rate for an affected air contamination source must include the emissions that occur during the entire operating day, including emissions from start-ups, shutdowns and malfunctions.
(2) For a Portland cement kiln with a CEMS, monitoring of clinker production rates in accordance with 40 CFR 63.1350(d) (relating to monitoring requirements).
(3) For a municipal waste combustor with a CEMS, monitoring and testing in accordance with the requirements in Chapter 139, Subchapter C, using a daily average.
(4) For an air contamination source without a CEMS, monitoring and testing in accordance with a Department-approved emissions source test that meets the requirements of Chapter 139, Subchapter A (relating to sampling and testing methods and procedures). The source test shall be conducted one time in each 5-year calendar period.
(b) Except as provided in § 129.97(k) and § 129.99(i) (relating to alternative RACT proposal and petition for alternative compliance schedule), the owner and operator of an air contamination source subject to subsection (a) shall demonstrate compliance with the applicable RACT requirement or RACT emission limitation in accordance with the procedures in subsection (a) not later than:
(1) January 1, 2017, for a source subject to § 129.96(a) (relating to applicability).
(2) January 1, 2017, 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 § 129.96(b).
(c) An owner or operator of an air contamination source subject to this section, § § 129.96 and 129.97 and § 129.98 (relating to facility-wide or system-wide NOx emissions averaging plan general requirements) may request a waiver from the requirement to demonstrate compliance with the applicable emission limitation listed in § 129.97 if the following requirements are met:
(1) The request for a waiver is submitted, in writing, to the Department not later than:
(i) October 24, 2016, for a source subject to § 129.96(a).
(ii) October 24, 2016, 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 § 129.96(b).
(2) The request for a waiver demonstrates that a Department-approved emissions source test was performed in accordance with the requirements of Chapter 139, Subchapter A, on or after:
(i) April 23, 2015, for a source subject to § 129.96(a).
(ii) April 23, 2015, or within 12 months prior to 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 § 129.96(b).
(3) The request for a waiver demonstrates to the satisfaction of the Department that the test results show that the source’s rate of emissions is in compliance with the source’s applicable NOx emission limitation or VOC emission limitation.
(4) The Department approves, in writing, the request for a waiver.
(d) The owner and operator of an air contamination source subject to this section and § § 129.96—129.99 shall keep records to demonstrate compliance with § § 129.96—129.99 in the following manner:
(1) The records must include sufficient data and calculations to demonstrate that the requirements of § § 129.96—129.99 are met.
(2) Data or information required to determine compliance shall be recorded and maintained in a time frame consistent with the averaging period of the requirement.
(e) Beginning with the compliance date specified in § 129.97(a), the owner or operator of an air contamination source claiming that the air contamination source is exempt from the applicable NOx emission rate threshold specified in § 129.99(b) and the requirements of § 129.97 based on the air contamination source’s potential to emit shall maintain records that demonstrate to the Department or appropriate approved local air pollution control agency that the air contamination source is not subject to the specified emission rate threshold.
(f) Beginning with the compliance date specified in § 129.97(a), the owner or operator of an air contamination source claiming that the air contamination source is exempt from the applicable VOC emission rate threshold specified in § 129.99(c) and the requirements of § 129.97 based on the air contamination source’s potential to emit shall maintain records that demonstrate to the Department or appropriate approved local air pollution control agency that the air contamination source is not subject to the specified emission rate threshold.
(g) The owner or operator of a combustion unit subject to § 129.97(b) shall record each adjustment conducted under the procedures in § 129.97(b). This record must contain, at a minimum:
(1) The date of the tuning procedure.
(2) The name of the service company and the technician performing the procedure.
(3) The final operating rate or load.
(4) The final NOx and CO emission rates.
(5) The final excess oxygen rate.
(6) Other information required by the applicable operating permit.
(h) The owner or operator of a Portland cement kiln subject to § 129.97(h) shall maintain a daily operating log for each Portland cement kiln. The record for each kiln must include:
(1) The total hours of operation.
(2) The type and quantity of fuel used.
(3) The quantity of clinker produced.
(4) The date, time and duration of a start-up, shutdown or malfunction of a Portland cement kiln or emissions monitoring system.
(i) The records shall be retained by the owner or operator for 5 years and made available to the Department or appropriate approved local air pollution control agency upon receipt of a written request from the Department or appropriate approved local air pollution control agency.
Authority The provisions of this § 129.100 issued 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 § 129.100 adopted April 22, 2016, effective April 23, 2016, 46 Pa.B. 2036; amended August 10, 2018, effective August 11, 2018, 48 Pa.B. 4814. Immediately preceding text appears at serial pages (380517) to (380520).
Cross References The section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.98 (relating to facility-wide or system-wide NOx emissions averaging plan general requirements); 25 Pa. Code § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.121 (relating to general provisions and applicability); and 25 Pa. Code § 29.131 (relating to general provisions and applicability).
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