§ 129.113. Facility-wide or system-wide NOx emissions averaging plan general requirements.
(a) The owner or operator of a major NOx emitting facility subject to § 129.111 (relating to applicability) that includes at least one air contamination source subject to a NOx RACT emission limitation in § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) that cannot meet the applicable NOx RACT emission limitation may elect to meet the applicable NOx RACT emission limitation in § 129.112 by averaging NOx emissions on either a facility-wide or system-wide basis. System-wide emissions averaging must be among sources under common control of the same owner or operator within the same ozone nonattainment area in this Commonwealth.
(b) The owner or operator of each facility that elects to comply with subsection (a) shall submit a NOx emissions averaging plan in writing or electronically to the Department or appropriate approved local air pollution control agency as part of an application for an operating permit modification or a plan approval, if otherwise required. The application incorporating the requirements of this section shall be submitted by the applicable date as follows:
(1) December 31, 2022, for a source subject to § 129.111(a).
(2) December 31, 2022, or 6 months after the date that the source meets the definition of a major NOx emitting facility, whichever is later, for a source subject to § 129.111(b).
(c) Each NOx air contamination source included in the application for an operating permit modification or a plan approval, if otherwise required, for averaging NOx emissions on either a facility-wide or system-wide basis submitted under subsection (b) must be an air contamination source subject to a NOx RACT emission limitation in § 129.112.
(d) The application for the operating permit modification or the plan approval, if otherwise required, for averaging NOx emissions on either a facility-wide or system-wide basis submitted under subsection (b) must demonstrate that the aggregate NOx emissions emitted by the air contamination sources included in the facility-wide or system-wide NOx emissions averaging plan are not greater than the NOx emissions that would be emitted by the group of included sources if each source complied with the applicable NOx RACT emission limitation in § 129.112 on a source-specific basis.
(e) The application for the operating permit modification or a plan approval, if otherwise required, specified in subsections (b)—(d) may include facility-wide or system-wide NOx emissions averaging only for NOx emitting sources or NOx emitting facilities that are owned or operated by the applicant.
(f) The application for the operating permit modification or a plan approval, if otherwise required, specified in subsections (b)—(e) must include the following information:
(1) Identification of each air contamination source included in the NOx emissions averaging plan.
(2) Each air contamination source’s applicable emission limitation in § 129.112.
(3) 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 source included in the NOx emissions averaging plan submitted under subsection (b).
(g) An air contamination source or facility included in the facility-wide or system-wide NOx emissions averaging plan submitted in accordance with subsections (b)—(f) may be included in only one facility-wide or system-wide NOx emissions averaging plan.
(h) The Department or appropriate approved local air pollution control agency will:
(1) Review the timely and complete NOx emissions averaging plan submitted in accordance with subsections (b)—(g).
(2) Approve the NOx emissions averaging plan submitted under subsection (b), in writing, if the Department or appropriate approved local air pollution control agency is satisfied that the NOx emissions averaging plan complies with the requirements of subsections (b)—(g) and that the proposed NOx emissions averaging plan is RACT for the air contamination sources.
(3) Deny or modify the NOx emissions averaging plan submitted under subsection (b), in writing, if the proposal does not comply with the requirements of subsections (b)—(g).
(i) The proposed NOx emissions averaging plan submitted under subsection (b) will be approved, denied or modified under subsection (h) 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 NOx emissions averaging plan.
(j) The owner or operator of an air contamination source or facility included in the facility-wide or system-wide NOx emissions averaging plan submitted in accordance with subsections (b)—(g) shall submit the reportsand records specified in subsection (f)(3) to the Department or appropriate approved local air pollution control agency to demonstrate compliance with § 129.115.
(k) The owner or operator of an air contamination source or facility included in a facility-wide or system-wide NOx emissions averaging plan submitted in accordance with subsections (b)—(g) that achieves emission reductions in accordance with other emission limitations required under the act or the Clean Air Act, or regulations adopted under the act or the Clean Air Act, that are not NOx RACT emission limitations may not substitute those emission reductions for the emission reductions required by the facility-wide or system-wide NOx emissions averaging plan submitted to the Department or appropriate approved local air pollution control agency under subsection (b).
(l) The owner or operator of an air contamination source subject to a NOx RACT emission limitation in § 129.112 that is not included in a facility-wide or system-wide NOx emissions averaging plan submitted under subsection (b) shall operate the source in compliance with the applicable NOx RACT emission limitation in § 129.112.
(m) The owner and operator of the air contamination sources included in a facility-wide or system-wide NOx emissions averaging plan submitted under subsection (b) shall be liable for a violation of an applicable NOx RACT emission limitation at each source included in the NOx emissions averaging plan regardless of each individual facility’s NOx emission rate.
(n) The Department will submit each NOx emissions averaging plan approved under subsection (i) 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.
Authority The provisions of this § 129.113 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 § 129.113 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 § 129.115 (relating to written notification, compliance demonstration and recordkeeping and reporting requirements).
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