§ 129.112. Presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule.
(a) The owner and operator of a source listed in one or more of subsections (b)—(k) located at a major NOx emitting facility or major VOC emitting facility subject to § 129.111 (relating to applicability) shall comply with the applicable presumptive RACT requirement or RACT emission limitation, or both, beginning with the specified compliance date as follows, unless an alternative compliance schedule is submitted and approved under subsections (n)—(p) or § 129.114 (relating to alternative RACT proposal and petition for alternative compliance schedule):
(1) January 1, 2023, for a source subject to § 129.111(a).
(2) January 1, 2023, or 1 year after the date 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).
(b) The owner and operator of a source listed in this subsection that is located at a major NOx emitting facility or major VOC emitting facility subject to § 129.111 shall comply with the applicable presumptive RACT requirements in paragraph (1) and recordkeeping and reporting requirements in paragraph (2).
(1) The owner or operator of a:
(i) Combustion unit or process heater with a rated heat input equal to or greater than 20 million Btu/hour and less than 50 million Btu/hour shall conduct a biennial tune-up in accordance with the procedures in 40 CFR 63.11223 (relating to how do I demonstrate continuous compliance with the work practice and management practice standards?).
(A) Each biennial tune-up shall occur not less than 3 months and not more than 24 months after the date of the previous tune-up.
(B) The biennial tune-up must include, at a minimum, the following:
(I) Inspection and cleaning or replacement of fuel-burning equipment, including the burners and components, as necessary, for proper operation as specified by the manufacturer.
(II) Inspection of the flame pattern and adjustment of the burner, as necessary, to optimize the flame pattern to minimize total emissions of NOx and, to the extent possible, emissions of CO.
(III) Inspection and adjustment, as necessary, of the air-to-fuel ratio control system to ensure proper calibration and operation as specified by the manufacturer.
(ii) Combustion unit or process heater with an oxygen trim system that maintains an optimum air-to-fuel ratio that would otherwise be subject to a biennial tune-up shall conduct a tune-up of the boiler one time in each 5-year calendar period in accordance with the following:
(A) Each tune-up shall occur not less than 3 months and not more than 60 months after the date of the previous tune-up.
(B) The tune-up must include, at a minimum, the following:
(I) Inspection and cleaning or replacement of fuel-burning equipment, including the burners and components, as necessary, for proper operation as specified by the manufacturer.
(II) Inspection of the flame pattern and adjustment of the burner, as necessary, to optimize the flame pattern to minimize total emissions of NOx and, to the extent possible, emissions of CO.
(III) Inspection and adjustment, as necessary, of the air-to-fuel ratio control system to ensure proper calibration and operation as specified by the manufacturer.
(2) The applicable recordkeeping and reporting requirements of § 129.115(f) and (i) (relating to written notification, compliance demonstration and recordkeeping and reporting requirements).
(3) Compliance with the applicable presumptive RACT requirements in paragraph (1) and recordkeeping and reporting requirements in paragraph (2) assures compliance with the provisions in § § 129.93(b)(2), (3), (4) and (5) and 129.97(b)(1), (2) and (3) (relating to presumptive RACT emissions limitations; and presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule).
(c) The owner and operator of a source listed in this subsection that is located at a major NOx emitting facility or major VOC emitting facility subject to § 129.111 shall install, maintain and operate the source in accordance with the manufacturer’s specifications and with good operating practices:
(1) A NOx air contamination source that has the potential to emit less than 5 TPY of NOx.
(2) A VOC air contamination source that has the potential to emit less than 2.7 TPY of VOC.
(3) A natural gas compression and transmission facility fugitive VOC air contamination source that has the potential to emit less than 2.7 TPY of VOC.
(4) A boiler or other combustion source with an individual rated gross heat input less than 20 million Btu/ hour.
(5) A combustion turbine with a rated output less than 1,000 bhp.
(6) A lean burn stationary internal combustion engine rated at less than 500 bhp (gross).
(7) A rich burn stationary internal combustion engine rated at less than 100 bhp (gross).
(8) An incinerator, thermal oxidizer, catalytic oxidizer or flare used primarily for air pollution control.
(9) A fuel-burning unit with an annual capacity factor of less than 5%.
(i) For a combustion unit, the annual capacity factor is the ratio of the unit’s heat input (in million Btu or equivalent units of measure) to the unit’s maximum rated hourly heat input rate (in million Btu/hour or equivalent units of measure) multiplied by 8,760 hours during a period of 12 consecutive calendar months.
(ii) For an electric generating unit, the annual capacity factor is the ratio of the unit’s actual electric output (expressed in MWe/hr) to the unit’s nameplate capacity (or maximum observed hourly gross load (in MWe/hr) if greater than the nameplate capacity) multiplied by 8,760 hours during a period of 12 consecutive calendar months.
(iii) For any other unit, the annual capacity factor is the ratio of the unit’s actual operating level to the unit’s potential operating level during a period of 12 consecutive calendar months.
(10) An emergency standby engine operating less than 500 hours in a 12-month rolling period.
(11) An electric arc furnace.
(d) Except as specified in subsection (c), the owner and operator of a combustion unit, brick kiln, cement kiln, lime kiln, glass melting furnace or combustion source located at a major VOC emitting facility subject to § 129.111 shall install, maintain and operate the source in accordance with the manufacturer’s specifications and with good operating practices for the control of the VOC emissions from the combustion unit, brick kiln, cement kiln, lime kiln, glass melting furnace or combustion source.
(e) The owner and operator of a municipal solid waste landfill subject to § 129.111 shall comply with the following applicable presumptive RACT requirements. The owner or operator of a:
(1) Municipal solid waste landfill constructed, reconstructed or modified on or before July 17, 2014, that has not been modified or reconstructed since July 17, 2014, shall comply with the Federal plan for municipal solid waste landfills in 40 CFR Part 62, Subpart OOO (relating to federal plan requirements for municipal solid waste landfills that commenced construction on or before July 17, 2014 and have not been modified or reconstructed since July 17, 2014).
(2) Municipal solid waste landfill constructed, reconstructed or modified on or after July 18, 2014, shall comply with the New Source Performance Standards in 40 CFR Part 60, Subpart XXX (relating to standards of performance for municipal solid waste landfills that commenced construction, reconstruction, or modification after July 17, 2014), which are adopted and incorporated by reference in § 122.3 (relating to adoption of standards).
(f) The owner and operator of a municipal waste combustor subject to § 129.111 shall comply with the presumptive RACT emission limitation of 110 ppmvd NOx @ 7% oxygen.
(g) Except as specified in subsection (c), the owner and operator of a NOx air contamination source listed in this subsection that is located at a major NOx emitting facility or a VOC air contamination source listed in this subsection that is located at a major VOC emitting facility subject to § 129.111 may not cause, allow or permit NOx or VOCs to be emitted from the air contamination source in excess of the applicable presumptive RACT emission limitation specified in the following paragraphs:
(1) The owner or operator of:
(i) A natural gas-fired, propane-fired or liquid petroleum gas-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour shall comply with 0.10 lb NOx/million Btu heat input.
(ii) A distillate oil-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour shall comply with 0.12 lb NOx/million Btu heat input.
(iii) A residual oil-fired or other liquid fuel-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour shall comply with 0.20 lb NOx/million Btu heat input.
(iv) A refinery gas-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour shall comply with 0.25 lb NOx/million Btu heat input.
(v) A coal-fired combustion unit with a rated heat input equal to or greater than 50 million Btu/hour and less than 250 million Btu/hour shall comply with 0.45 lb NOx/million Btu heat input.
(vi) A circulating fluidized bed combustion unit firing waste products of coal mining, physical coal cleaning and coal preparation operations that contain coal, matrix material, clay and other organic and inorganic material with a rated heat input equal to or greater than 250 million Btu/hour shall comply with the following presumptive RACT requirements and RACT emission limitations as applicable:
(A) 0.16 lb NOx/million Btu heat input when firing primarily bituminous waste such as gob.
(B) 0.16 lb NOx/million Btu heat input when firing primarily anthracite waste such as culm.
(C) Control the NOx emissions each operating day by operating the installed air pollution control technology and combustion controls at all times consistent with the technological limitations, manufacturer’s specifications, good engineering and maintenance practices and good air pollution control practices for controlling emissions.
(vii) A solid fuel-fired combustion unit that is not a coal-fired combustion unit with a rated heat input equal to or greater than 50 million Btu/hour shall comply with 0.25 lb NOx/million Btu heat input.
(2) The owner or operator of a:
(i) Combined cycle or combined heat and power combustion turbine with a rated output equal to or greater than 1,000 bhp and less than 4,100 bhp shall comply with the following presumptive RACT emission limitations as applicable:
(A) 120 ppmvd NOx @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.
(B) 5 ppmvd VOC (as propane) @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.
(C) 150 ppmvd NOx @ 15% oxygen when firing fuel oil.
(D) 9 ppmvd VOC (as propane) @ 15% oxygen when firing fuel oil.
(ii) Combined cycle or combined heat and power combustion turbine with a rated output equal to or greater than 4,100 bhp and less than 180 MW shall comply with the following presumptive RACT emission limitations as applicable:
(A) 42 ppmvd NOx @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.
(B) 5 ppmvd VOC (as propane) @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.
(C) 96 ppmvd NOx @ 15% oxygen when firing fuel oil.
(D) 9 ppmvd VOC (as propane) @ 15% oxygen when firing fuel oil.
(iii) Combined cycle or combined heat and power combustion turbine with a rated output equal to or greater than 180 MW shall comply with the following presumptive RACT emission limitations as applicable:
(A) 4 ppmvd NOx @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.
(B) 2 ppmvd VOC (as propane) @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.
(C) 8 ppmvd NOx @ 15% oxygen when firing fuel oil.
(D) 2 ppmvd VOC (as propane) @ 15% oxygen when firing fuel oil.
(iv) Simple cycle or regenerative cycle combustion turbine with a rated output equal to or greater than 1,000 bhp and less than 4,100 bhp shall comply with the following presumptive RACT emission limitations as applicable:
(A) 120 ppmvd NOx @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.
(B) 9 ppmvd VOC (as propane) @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.
(C) 150 ppmvd NOx @ 15% oxygen when firing fuel oil.
(D) 9 ppmvd VOC (as propane) @ 15% oxygen when firing fuel oil.
(v) Simple cycle or regenerative cycle combustion turbine with a rated output equal to or greater than 4,100 bhp and less than 60,000 bhp shall comply with the following presumptive RACT emission limitations as applicable:
(A) 42 ppmvd NOx @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.
(B) 9 ppmvd VOC (as propane) @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.
(C) 96 ppmvd NOx @ 15% oxygen when firing fuel oil.
(D) 9 ppmvd VOC (as propane) @ 15% oxygen when firing fuel oil.
(3) The owner or operator of a:
(i) Lean burn stationary internal combustion engine with a rating equal to or greater than 500 bhp and less than 3,500 bhp shall comply with the following presumptive RACT emission limitations as applicable:
(A) 3.0 grams NOx/bhp-hr when firing natural gas or a noncommercial gaseous fuel.
(B) 0.5 gram VOC/bhp-hr excluding formaldehyde when firing natural gas or a noncommercial gaseous fuel, liquid fuel or dual-fuel.
(ii) Lean burn stationary internal combustion engine with a rating equal to or greater than 3,500 bhp shall comply with the following presumptive RACT emission limitations as applicable:
(A) 0.6 gram NOx/bhp-hr when firing natural gas or a noncommercial gaseous fuel.
(B) 0.5 gram VOC/bhp-hr excluding formaldehyde when firing natural gas or a noncommercial gaseous fuel, liquid fuel or dual-fuel.
(iii) Stationary internal combustion engine with a rating equal to or greater than 500 bhp shall comply with 1.6 grams NOx/bhp-hr when firing liquid fuel or dual-fuel.
(iv) Rich burn stationary internal combustion engine with a rating equal to or greater than 100 bhp shall comply with the following presumptive RACT emission limitations as applicable:
(A) 2.0 gram NOx/bhp-hr when firing natural gas or a noncommercial gaseous fuel.
(B) 0.5 gram VOC/bhp-hr when firing natural gas or a noncommercial gaseous fuel.
(4) Except as specified in subparagraph (ii), the owner or operator of a unit firing multiple fuels shall comply with:
(i) The applicable RACT multiple fuel emission limit determined on a total heat input fuel weighted basis in accordance with the following:
(A) Using the following equation:
n
i = 1 EiHIi
EHIweighted =
n
i = 1 HIi
Where:
EHIweighted = The heat input fuel weighted multiple fuel emission rate or emission limitation for the compliance period, expressed in units of measure consistent with the units of measure for the emission limitation.
Ei = The emission rate or emission limit for fuel i during the compliance period, expressed in units of measure consistent with the units of measure for the emission limitation.
HIi = The total heat input for fuel i during the compliance period.
n = The number of different fuels used during the compliance period.
(B) Excluding a fuel representing less than 2% of the unit’s annual fuel consumption on a heat input basis when determining the applicable RACT multiple fuel emission limit calculated in accordance with clause (A).
(ii) The determination in subparagraph (i) does not apply to a stationary internal combustion engine that is subject to the RACT emission limits in paragraph (3).
(h) The owner and operator of a Portland cement kiln subject to § 129.111 shall comply with the following presumptive RACT emission limitations as applicable:
(1) 3.88 pounds of NOx per ton of clinker produced for a long wet-process cement kiln as defined in § 145.142 (relating to definitions).
(2) 3.0 pounds of NOx per ton of clinker produced for a long dry-process cement kiln as defined in § 145.142.
(3) 2.30 pounds of NOx per ton of clinker produced for:
(i) A preheater cement kiln as defined in § 145.142.
(ii) A precalciner cement kiln as defined in § 145.142.
(i) The owner and operator of a glass melting furnace subject to § 129.111 shall comply with the following presumptive RACT emission limitations as applicable:
(1) 4.0 pounds of NOx per ton of glass pulled for container glass furnaces.
(2) 7.0 pounds of NOx per ton of glass pulled for pressed or blown glass furnaces.
(3) 4.0 pounds of NOx per ton of glass pulled for fiberglass furnaces.
(4) 7.0 pounds of NOx per ton of glass pulled for flat glass furnaces.
(5) 6.0 pounds of NOx per ton of glass pulled for all other glass melting furnaces.
(j) The owner and operator of a lime kiln subject to § 129.111 shall comply with the presumptive RACT emission limitation of 4.6 pounds of NOx per ton of lime produced.
(k) The owner and operator of a direct-fired heater, furnace, oven or other combustion source with a rated heat input equal to or greater than 20 million Btu/hour subject to § 129.111 shall comply with the presumptive RACT emission limitation of 0.10 lb NOx/million Btu heat input.
(l) The requirements and emission limitations of this section supersede the requirements and emission limitations of a RACT permit issued to the owner or operator of an air contamination source subject to one or more of subsections (b)—(k) prior to November 12, 2022, under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) or under § § 129.96—129.100 (relating to additional RACT requirements for major sources of NOx and VOCs) to control, reduce or minimize NOx emissions or VOC emissions, or both, from the air contamination source unless the permit contains more stringent requirements or emission limitations, or both.
(m) The requirements and emission limitations of this section supersede the requirements and emission limitations of § § 129.201—129.205, 129.301—129.310, 145.111—145.113 and 145.141—145.146 unless the requirements or emission limitations of § § 129.201—129.205, § § 129.301—129.310, § § 145.111—145.113 or § § 145.141—145.146 are more stringent.
(n) The owner or operator of a major NOx emitting facility or a major VOC emitting facility subject to § 129.111 that includes an air contamination source subject to one or more of subsections (b)—(k) that cannot meet the applicable presumptive RACT requirement or RACT emission limitation without 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 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 a 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 affected source subject to a RACT requirement or a RACT emission limitation in one or more of subsections (b)—(k).
(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 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 writtenapproval of the petition by the Department or the appropriate approved local air pollution control agency. The approved petition shall be incorporated in an applicable operating permit or plan approval.
(o) The Department or appropriate approved local air pollution control agency will review the timely and complete written petition requesting an alternative compliance schedule submitted in accordance with subsection (n) and approve or deny the petition in writing.
(p) Approval or denial under subsection (o) of the timely and complete petition for an alternative compliance schedule submitted under subsection (n) 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.
(q) The Department will submit each petition for an alternative compliance schedule approved under subsection (o) 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 § 129.112 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 § 129.112 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 § 129.113 (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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